STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA NOVEMBER 6, 2017 7:00 P.M. CALL TO ORDER & WELCOME- - CHAIRMAN LAWHON APROVAJADIUSIMENTSTO THE AGENDA INVOCATION & PLEDGE OF ALLEGIANCE - COMMISSIONER MCINTYRE SCHEDULED AGENDA ITEMS 1. RIDGECREST VFD TAX EXEMPT FINANCING & PUBLICHEARING Presenter: Andy Lucas, County Manager 2. PLANNING & ZONING Presenter: Bob Remsburg, Planner 1 A. ZA17-06-1 Rezoning Request for Rodney Keck 1.H Hold the public hearing. 2. Request the Board take action to approve or deny the request. B. ZA17-07 - ESA Albemarle NC, LLC 1. Hold the public hearing. 2. Request the Board take action to approve or deny the request. .ZA17-08 - Rezoning Request for Casey Ammons 1. Hold the public hearing. 2. Request the Board take action to approve or deny the request. 3. RESOLUTION TO PROCEED WITH A RATE REDUCTION MODIFICATION AGREEMENT FOR THE COUNTY'S EXISTING SCHOOL CONSTRUCTION LOANS Presenter: Toby Hinson, Finance Director 4. BOARD & COMMITTEE APPOINTMENTS A. Board of Equalization & Review = Presenter: Clinton Swaringen B. Library Board of Trustees = Presenter: Melanie Holles C.Town of Norwood ABC Board - Presenter: Andy Lucas D.C Consolidated Human Services Board - Presenter: Andy Lucas 5.STANLY COUNTY UTILITIES Presenter: Donna Davis, Utilities Director A. Award of the installation contract for the SCADA replacement system. B. Acceptance of the NC DEQ Clean Water SRF project award for the West C. Award of the engineering services contract for the West Stanly WWTP Stanly' WWTP & approval of other associated documents rehabilitation project. 6. MEETING ROOM DESIGN PROPOSAL Presenter: Andy Lucas, County Manager 7.C CONSENT AGENDA Presenter: Chairman Lawhon A. Minutes - Regular meeting of October 16, 2017. B. Health Dept. = Request approval of budget amendment # 2018-11. C. Finance = Request approval of the vehicle tax refunds for October 2017. D. Central Admin. = Request approval of the vehicle lease & fleet management contract. PUBLIC COMMENT BOARD COMMENTS, ANNOUNCEMENTS & COMMITTEE REPORTS CLOSED SESSION: To discuss real estate 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 Monday, November 20th at 7:00 p.m. Revised 10/19/2007 Stanly County Board of Commissioners Meeting Date November 6, 2017 Andy Lucas, County Manager ITEM TO BE CONSIDERED STANU)COUNTY Consent Agenda Regular Agenda WatrAn4 ladSaccent. Presenter: Ridgecrest VFD' Tax Exempt Financing and Public Hearing The Ridgecrest Volunteer Fire Department is seeking to finance up to $265,000 for the purpose ofai new tanker truck. Per the Internal Revenue Code, 1986, Section 147(f), aj public hearing required and the Board must approve the financing given the debt will be incurred on a tax-exempt basis. The new tanker truck will replace a 1990 Simon-Duplex tanker. The new tankers capacity will be 3,000 gallons as compared to the current 2,000 gallons. This will enhance the Department's' "water on wheels" capacity to 5,000 gallons. 1. Hold required public hearing 2. Review and consider approval oft the tax-exempt financing not to exceed $265,000 from Uwharrie Bank for the purchase ofa a new tanker truck by the Ridgecrest Volunteer Fire Department. Signature: Dept Central Administration TLALS Date: 11/01/17 Attachments: XYes Certification of Action Certified to beat 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 Local Stanly County News & Sports Weather and Current Conditions Each Hour! Stanly County Noticeof Publlc Hearing Notico ofpioposed Tax Exemptl Loan for RiaaxertVluntesl Fire Department Nouce Is hereby Evento the general public who, réside in the Ridgecrestf Fire/Service. pistrict that the Stanly County- Board.ot Comrissioners willh hold a,public.hearing Monday; November:6! 2017at 7:00 PM or: as soon thereafter atthe Stanly Gauny/Commons Méeting Room lôcated 1000N Nortns Street, Albemarle, Noith Carolina. ncewity intérnal Reyenue Code 1986, Section 47Dte pupose the public hearing. IS to recélve $265,000 vom Uwiare Bank to the Ridgecrest Volunteer FieDepartenttothep purchase of a new1 tanker truck. The atorementionedft Mnanangwmbesecured: byasecurtyinterest nor enupon all orsome portion of the, project finançed. Please contact the Clerk's Officel. at:(704).986.3600 aty 1000 North, First Street, Suite 10A, Albemarle, Nontht Carolina, for special accommodations rélated othiss request atleast 48 hours, prior: to the hearing. 0620133183 And Listen for NewsTalk Radio 1010WSPG Leon Warren in themorning & the. WWWOIONACOT bestinNEws Talk RidseBulbatn fhemoningand dhobafinClssie Hsdldaylong roposedtax eemptioannotoeiced 1580 AM 26/7 Omlime Streamimg at www.1010wspc.com Download our free mobile app and falte us wish you where ever you go. M p5971 State-wide coverage. Small-town service. FARM BUREAU! AtN NorthGarolinaFarm: Bureau; we believe quality.auto. insurance is about. more than saving a few bycks here and' there. itaboularatomhp.las why we have localagents FARM BUREAU INSURANCE Au-Home-We.Meatt: Bank Ageney for 0 BlueCross BleShield ofNorthg Carolina working for in every county across the state, Nomatter where you are, competitive rates and fast, friendly service are always nearby. So pick up the phone, visit us online, or stop by for a face-to-face chat to find out how helnina vouiswhat we do best. you wwandhimsmisamirpalirisumyoumyela. Uwharrie BANK making a difference* October 27,2017 PO Box: 338 1 Albemarle, NC28002 704.983.6181 te! I 704.983.5548 fax uwharrie.com Ridgecrest Voluntecr Fire Department 24792 Millingport Road Locust, NC 28097 Dear Board Members: Uwharrie Bank (the "Bank") is pleased to offer the following proposal the ("Proposal") for Ridegcrest Volunteer Fire Department, Inc. (the Borrower"): in response to its Request for Financing Proposal to finance a new: firc truck. Purpose: The financing contemplated by this Proposal (the "Financing")i is for the purpose of purchasing aus Tanker Patriot Elliptical 3000 gallon tanker on al Kenworth T400 chassis. (the "Use of Procceds"). Amount 10 be Financed: The amount to bc financed (the "Financed Amount") pursuant to the Financing is $261,000. Term. Interest Rate,adCoresponding Payments: The Financed Amount will be disbursed to Borrower by Bank at Closing Thel Financed Amount will be payable tO Bank by Borrower in installment payments over thc term set forth below (the "Term" ), based upon the amortization pcriod set forth below. and will bcari interest (the "Interest" ) at the interest rate set forth below (the "Interest Rate") caiculated 0na365/360US day basis. Term and Amortization Termo of10_Years Interest Rate Fixed interest ratc of3.25%, Tax Exempt Rate The Financed Amount will be repaid in 119 monthly payments in arrears of $2.556.18 each with the first such payment due one month from closing, with a subsequcnt payment due monthly thercalter, and with thc unpaid principal balance of the Financed Amount, and all accrucd but unpaid interest thercon, duc and payable in full at maturity. See the amortization schedulc attached as Addendum A for additional information on payments. The Financing will not be subject to a prepayment premium or yicld maintenance. Security: The Financing will be: secured by a first-priority lien and securityinterest: against (i) the personal property financed with the Use of Proceeds, and (ii) all fixtures and other personal property attached to such real property or used in conjunction therewith (the "Collateral"), pursuant to one or more titles ("Title(s)"): and/or one or morc Uniform Commercial Code Financing Statements (the "Financing Statement(s)", as appropriate. Origination Fees: $0 Additional Terms and Conditions: See attached Addendum B for additional terms and conditions, including without limitation conditions precedent to the obligation of Bank to close the Financing. Among such conditions are that the financial information concerning Borrower, which is detailed in the. Addendum B, has been provided to Bank by Borrower, has been reviewed and deemed satisfactory by Bank. Borrower agrees to maintain their entire deposit account relationship with Bank. This Proposal is valid for 60 days from date oft this Ietter, and will expire ifr not accepted by Itist the mission ofUwharric Bank to enhance the cconomic well-bcing oft thc communitics we serve by vigorously keeping local wealth in the community. This is accomplished by keeping your dollars working local for you in loans to busincsses and individuals in our county and As your relationship manager, you receive my personal commitment to be at your service. - If you have any questions, fecl free to call me at 704-991-1246. Again, thank you for the Wel look forward to working with you. Together, we can make a difference! Borrower on or before such date. donations oft time and money to local organizations and programs. opportunity to submit this proposal for financing. Sincerely, a B, hat Neil B. Senter Relationship Manager Açcepted this the 27 day of Oer., 20 17. Ridgecrest Volunteer Fire Department By: lp Pww Title: Cloirmaw Date:/6-37-20 - 17 Addendum A Amortization Schedule See attached Addendum A, Page lof! Addendum B Additional Terms and Conditions I. Closing; Requirements for Closing. (a) Thc obligation of Bank to close the Financing (the "Closing")i is contingent upon satisfaction by Borrower of such terms and conditions as Bank andi its counsel decm necessary to ensurc the proper documentation of the Financing. the perfection of Bank's liens and security interests in the Collateral, compliance with all laws and regulations applicable to Bank or Borrower relative to the Financing, and there being no material adverse change int the financial or other condition or prospects of Borrower or the (b) The Requirements includc that (i) the Interest is excludable from gross income for federal income tax purposes, is not an item of tax prefercncc for purposes ofthe federal alternative minimum tax imposed on certain corporations. and is exempt from all present Statc of North Carolina income taxation, and (ii) Borrower's obligation to Bank pursuant to the Financing be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3)of (c) The Requirements include that at least thirty (30) days on which Bank is open for business (cach, a' "Business Day")p prior to Closing Borrower will submit to Bank, its most current tax relurn (YE:2016) and its budget for Borrower's fiscal ycar in which the Closing will occur, and the: same havel been reviewed and deemed satisfactory! by Bank. (d) Thel Requirements include, without limitation, the provision by Borrower to Bank, at Borrower's sole cost and expensc, of the following at least five (5) Business Days prior to (i) Project Costs: Bank 10 be provided with details of Project costs, invoices, purchase orders as appropriate for each vehicle and/or piece ofe equipment (i) Insurance: Evidence satisfactory to Bank that Borrower will have in effect at Closing (A) physical damage insurancc covering that portion oft thc Collateral consisting of real property or tangible personal propcrly. (B) gencral liability insurance, (C) workers' compensation insurancc, and (D) where the Uscof Proceeds involves new construction builder's risk insurancc. The. insurance must be in amounts, with companies. and on terms acceptable to Bank; it must show Bank as a mortgagee or loss payee, as instructed by Bank; and it must provide that for so long as thel Financed Amount and the Interest havc not been repaid in full it may not be: odified or cancelled without at lcast thirty (30) days prior (iii) Lien and Litigation Searches: Results satisfactory tol Bank and Bank's counsel of lien and litigation searches, showing no liens on the Collateral superior tot those oft Bank, and no litigation pending that would adverscly affcct the Collateral or Borrower's: ability to consummatc the Financing and comply with its obligations Collateral (the Requirements). the Internal Revenue Code of 1986, as amended (thc "Code"). Closing: written notice to Bank. under the Financing Documents. Addendum B. Page I of3 (iv) Authority. Documents: Certified copies of resolutions approving the Financing in accordance with the requirements of applicable law, including without limitation Article 30 ofChapter 160A ofthe North Carolina General Statutes, in form and substance satisfactory to Bank and Bank's counsel. (v) Approval Documents.: Evidence that the Financing has been approved by the North Carolina Local Government Commission, ifrequired. (e) Bank will have no obligation to complete Closing ifthe Requircments have not been satisfied within 90 days oft the date of this Proposal. 2. Financing Documentation. (a) The Financing and Bank's liens and security interests in the Collateral willl be cvidenced by a Promissory Note. The Financing Documents must bei in form and substance satisfactory to Bank and its counsel. Should the partics fail to agrec upon thet terms ofthe Financing Documents, this Proposal will be null and void and neither party willl have any further obligation to the other except pursuant to Section 3(a) of these Additional Terms and Conditions. All Financing Documents must be executed and delivered to Bank, and ifrequired by Bank's counsel, filed or recorded, at or before Closing. Ili is assumed that (b) The Financing Documents will require Borrower to fumish to Bank annually and at such other reasonable times as Bank may request current financial statements (including, without limitation, Borrower's annual budget as submitted or approved), and permit Bank or its agents and representatives to inspect Borrower's books and records and make (c) A written opinion (the Opinion") will be furnished at, and effective as of, Closing by Borrower's independent counsel and the Opinion willl be ini form and substance satislactory to Bank and its counsel. The Opinion will address the following matters: the legal status and authority of Borrower; thc duc authorization, cxccution, and delivery of the Financing Documents; the validity and enforceability of the Financing Documents: third-party consents, approvals, and authorizations; non-contravention: of other agrccments, laws. and court ordcrs to which Borrower is a parly or by which thc Collateral is bound; compliance with public bidding, mecting, andi noticc rcquirements; the Use of Proceeds constituting a public purpose; the matters described in Section I(b); the exemption of the Collateral from ad valorem taxes; the propcr form of the Deed of Trust and /or the Financing Statement(s). for creating a valid lien against, and atlachment ofa sccurity interest in, the Collateral; and such other matters as Bank and its counscl Borrower's counsel will close the Financing. extracts thcrefrom. may request. Miscellaneous. 3. (a) Borrower will be responsible for the direct payment or reimbursement of Bank ofall costs and expenscs incident to the negotiation, due diligence investigation, documentation, and Closing of the Financing, including rccording fccs, intangible taxcs. documentary lax fccs or stamps. excisc taxes and Bank's and Borrower's counsel fces. The foregoing amounis will be paid or reimbursed by Borrower cven if Closing oft the Financing docs not occur. Addendum B, Page 2 of3 (b) This Proposal supersedes all prior discussions and proposals with respcct to thc Financing. No condition or other term of this Proposal may bc waived or modified (c) Upon Closing of the Financing the provisions of this Proposal willl be merged into and (d) All facsimiles of signatures arc intended tol bc binding and have the same legal effect as except in a writing signed by both Bank and Borrower. superseded by the provisions oft the Financing Documents. original signatures. (e) This Proposal is not assignable by Borrower. () This Proposal is governed by the laws ofthe State oft North Carolina without giving effect to the conflict provisions thereof. Addendum B, Page 3 of3 000000000000000000006010242017 AMORTIZATION SCHEDULE Principal Loan Date Maturity Any item above containing Loan No Call/Coll Account Officer Initials $261,000.00 10-24-2017 10-24-2027 References in the boxes above are for Lender's use only and do not limit the applicability oft this document to any particular loan ori item. has been omitted due to texti length limitations. Lender: UWHARRIE BANK Borrower: RIDGECREST VFD POI BOX 338 ALBEMARLE, NC 28002-0338 (704) 983-6181 Repayment Schedule: Installment Calculation Method: 365/360 U.S. Rule Disbursement Date: October 24, 2017 Interest Rate: 3.250 Payment Number 1 2 2017 TOTALS: 3 4 5 6 7 8 9 10 11 12 13 14 2018 TOTALS: 15 16 17 18 19 20 21 22 23 24 25 26 20191 TOTALS: 27 28 29 30 31 32 33 34 35 36 37 38 2020 TOTALS: 39 40 41 42 43 44 45 46 Payment Date 11-24-2017 12-24-2017 01-24-2018 02-24-2018 03-24-2018 04-24-2018 05-24-2018 06-24-2018 07-24-2018 08-24-2018 09-24-2018 10-24-2018 11-24-2018 12-24-2018 01-24-2019 02-24-2019 03-24-2019 04-24-2019 05-24-2019 06-24-2019 07-24-2019 08-24-2019 09-24-2019 10-24-2019 11-24-2019 12-24-2019 01-24-2020 02-24-2020 03-24-2020 04-24-2020 05-24-2020 06-24-2020 07-24-2020 08-24-2020 09-24-2020 10-24-2020 11-24-2020 12-24-2020 01-24-2021 02-24-2021 03-24-2021 04-24-2021 05-24-2021 06-24-2021 07-24-2021 08-24-2021 Payment Amount 2,556.18 2,556.18 5,112.36 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 30,674.16 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 30,674.16 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 30,674.16 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 Interest Paid 730.44 701.93 1,432,37 720.14 715.00 641.15 704.49 676.75 694.05 666.61 683.55 678.31 651.34 667.72 641.07 8,140.18 657.07 651.76 583.87 640.91 615.05 630.12 604.58 619.27 613.85 588.78 602.90 578.16 7,386.32 591.90 586.40 543.41 575.26 551.34 564.10 540.51 552.89 547.28 524.19 535.97 513.21 6,626.46 524.60 518.92 463.55 507.36 485.44 495.83 474.25 484.24 Principal Paid 1,825.74 1,854.25 3,679.99 1,836.04 1,841.18 1,915.03 1,851.69 1,879.43 1,862.13 1,889.57 1,872.63 1,877.87 1,904.84 1,888.46 1,915.11 22,533.98 1,899.11 1,904.42 1,972.31 1,915.27 1,941.13 1,926.06 1,951.60 1,936.91 1,942.33 1,967.40 1,953.28 1,978.02 23,287.84 1,964.28 1,969.78 2,012.77 1,980.92 2,004.84 1,992.08 2,015.67 2,003.29 2,008.90 2,031.99 2,020.21 2,042.97 24,047.70 2,031.58 2,037.26 2,092.63 2,048.82 2,070.74 2,060.35 2,081.93 2,071.94 Remaining Balance 259,174.26 257,320.01 255,483.97 253,642.79 251,727.76 249,876.07 247,996.64 246,134.51 244,244.94 242,372.31 240,494.44 238,589.60 236,701.14 234,786.03 232,886.92 230,982.50 229,010.19 227,094.92 225,153.79 223,227.73 221,276.13 219,339.22 217,396.89 215,429.49 213,476.21 211,498.19 209,533.91 207,564.13 205,551.36 203,570.44 201,565.60 199,573.52 197,557.85 195,554.56 193,545.66 191,513.67 189,493.46 187,450.49 185,418.91 183,381.65 181,289.02 179.240.20 177,169.46 175,109.11 173,027.18 170.955.24 AMORTIZATION SCHEDULE (Continued) Page 2 168,877.50 166,778.70 164,689.27 162,579.12 160,477.94 158,370.88 156,215.03 154,096.04 151,957.20 149,826.29 147,675.89 145,533.00 143,384.11 141,216.26 139,055.29 136.875.72 134,702.60 132,523.40 130,302.21 128,110.70 125.901.49 123,697.66 121,476.49 119,260.28 117,037.86 114,798.66 112.563.76 110,312.44 108,064.98 105,811.23 103,532.07 101,265.64 98,983.72 96,704.56 94,410.29 92,118.33 89,819.95 87,507.03 85,195.75 82,870.31 80,546.05 78,215.29 75,856.82 73,512.93 71.155.85 68,798.81 66,428.96 64,058.69 61,681.79 59,292.66 56,902.42 54,500.35 52,096.70 49,686.32 47,255.74 44,831.81 42,397.05 39,959.52 37,511.56 35,060.36 32,602.30 30,134.42 27,662.57 25,181.31 47 48 49 50 2021 TOTALS: 51 52 53 54 55 56 57 58 59 60 61 62 2022 TOTALS: 63 64 65 66 67 68 69 70 71 72 73 74 2023 TOTALS: 75 76 77 78 79 80 81 82 83 84 85 86 2024 TOTALS: 87 88 89 90 91 92 93 94 95 96 97 98 2025 TOTALS: 99 100 101 102 103 104 105 106 107 108 109 110 2026 TOTALS: 09-24-2021 10-24-2021 11-24-2021 12-24-2021 01-24-2022 02-24-2022 03-24-2022 04-24-2022 05-24-2022 06-24-2022 07-24-2022 08-24-2022 09-24-2022 10-24-2022 11-24-2022 12-24-2022 01-24-2023 02-24-2023 03-24-2023 04-24-2023 05-24-2023 06-24-2023 07-24-2023 08-24-2023 09-24-2023 10-24-2023 11-24-2023 12-24-2023 01-24-2024 02-24-2024 03-24-2024 04-24-2024 05-24-2024 06-24-2024 07-24-2024 08-24-2024 09-24-2024 10-24-2024 11-24-2024 12-24-2024 01-24-2025 02-24-2025 03-24-2025 04-24-2025 05-24-2025 06-24-2025 07-24-2025 08-24-2025 09-24-2025 10-24-2025 11-24-2025 12-24-2025 01-24-2026 02-24-2026 03-24-2026 04-24-2026 05-24-2026 06-24-2026 07-24-2026 08-24-2026 09-24-2026 10-24-2026 11-24-2026 12-24-2026 2,556.18 2,556.18 2,556.18 2.556.18 30,674.16 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 30,674.16 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 30,674.16 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 30,674.16 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 30,674.16 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2.556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 30,674.16 478.44 457.38 466.75 446.03 5,802.79 455.00 449.12 400.33 437.19 417.34 425.27 405.78 413.29 407.29 388.33 395.21 376.61 4,970.76 383.06 376.98 334.99 364.67 346.97 352.35 335.01 339.97 333.76 316.98 321.28 304.86 4,110.88 308.72 302.43 277.02 289.75 274.26 277.02 261.91 264.22 257.80 243.26 244.90 230.74 3,232.03 231.92 225.42 197.71 212.29 199.10 199.14 186.33 185.91 179.28 167.05 165.94 154.11 2,304.20 152.53 145.80 125.60 132.25 121.42 118.65 108.22 104.98 98.12 88.30 84.33 74.92 1,355.12 2,077.74 2,098.80 2,089.43 2,110.15 24,871.37 2,101.18 2,107.06 2,155.85 2,118.99 2,138.84 2,130.91 2,150.40 2,142.89 2,148.89 2,167.85 2,160.97 2,179.57 25,703.40 2,173.12 2,179.20 2,221.19 2,191.51 2,209.21 2,203.83 2,221.17 2,216.21 2,222.42 2,239.20 2.234.90 2,251.32 26,563.28 2,247.46 2,253.75 2,279.16 2,266.43 2,281.92 2,279.16 2,294.27 2,291.96 2,298.38 2,312.92 2,311.28 2,325.44 27,442.13 2,324.26 2,330.76 2,358.47 2,343.89 2,357.08 2,357.04 2,369.85 2,370.27 2,376.90 2,389.13 2,390.24 2,402.07 28,369.96 2,403.65 2,410.38 2,430.58 2,423.93 2,434.76 2,437.53 2,447.96 2,451.20 2,458.06 2,467.88 2,471.85 2,481.26 29,319.04 AMORTIZATION SCHEDULE (Continued) Page 3 22,695.60 20,202.94 17,697.83 15,191.18 12,676.14 10,155.44 7,626.76 5,091.92 2,549.99 0.00 111 112 113 114 115 116 117 118 119 120 2027 TOTALS: TOTALS: 01-24-2027 02-24-2027 03-24-2027 04-24-2027 05-24-2027 06-24-2027 07-24-2027 08-24-2027 09-24-2027 10-24-2027 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.18 2,556.90 25,562.52 306,742.32 70.47 63.52 51.07 49.53 41.14 35.48 27.50 21.34 14.25 6.91 381.21 45,742.32 2,485.71 2,492.66 2,505.11 2,506.65 2,515.04 2,520.70 2,528.68 2,534.84 2,541.93 2,549.99 25,181.31 261,000.00 NOTICE: This is an estimated loan amortization schedule. Actual amounts may vary if payments are made on different dates or in different amounts. LaserPro Ver 1730019 Copi D-RUSA Comporason 1997 2047 AMRighsn Reserverf -NS CPSwCFr FLAMOKTC TK7ES3 PR-14 Stanly County Board of Commissioners STANL)COUNTY Meeting Date: November 6, 2017 Presenter: Michael Sandy XzA Matrfh Lud Saccuar. Consent. Agenda Regular Agenda Presentation Equipment: L Lectern PC* Lectern VCR Lectern DVD LJ 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 tou use thel Document Camera and: zoom into: a particular area, if possible please attacha a copy oft the document with the areai indicated Please Provide: a BriefI Description of your Presentations format: Verbal only that you need toz zoomi into. AI laser lighti is available to pinpoint your area of projection. *** You can bring ina al laptop that will allow video out to! be connected: at thel lectern- set display to 60Mhz. for County Employees. ITEM TOI BE CONSIDERED PUBLIC HEARING PLANNING AND ZONING ZA 17-06 Rodney Keck requests to rezone three lots containing 4.26 acres and located at 36802 Auto Drive, New London from GB(General Business) to M-2(Heavy Industrial), Tax Record #138267,36833, 10611. The Planning Board reviewed this request at its meeting on October 9, 2017: and voted unanimously to recommend approval. Iti is requested that the Board of Commissioners hold a public hearing on this rezoning request and then approve or deny the rezoning request. Ifapproved the Board should adopt the following statement as part oftheir motion: "The proposed location isi in a growth area per the 2010 Stanly County Land Use Plan which also recommends 'to promote the economic development of Stanly County"". Signature: Date: 10/18/17 - Dept. Planning Attachments: Yes Certification: of Action Certified to beatrue copy oft the action taken by the Stanly County Board ofCommissioners 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 Wacen, Ain Land. Saccess. PLANNING DEPARTMENT 10001 N. 1" Street, Suite 13-B Albemarle, NC 28001 704-986-3667 MEMORANDUM To: From: Date: RE: Stanly County Planning Board Michael Sandy, AICP, CZO, Director of Planning October 23, 2017 ZA 17-06 Rodney Keck, GB to M-2 Property located at 36802 Auto Drive, New London Tax Record Numbers 138267,36833, 10611 ZA 17-06 Rodney Keck requests to rezone three lots containing approximately 4.26: acres and located at 36802 Auto Drive, New London R1,A,Den GB(General Business) to M-2(Heavy Industrial). Rodney Keck requests that the three lots located at 36802. Auto Drive, New London containing approximately 4.26 acres be rezoned tol M-2 Heavy Industrial. The property is currently zoned GB-C General Business. The lots surrounding this property are GB, R-20 and RA. Properties located across US 52 are zoned RA: and contain houses, property to the south is GB and is vaçant. Property to the east and north are zoned R-20 and contain one home. The property currently houses H&K Auto repair which specializes in auto-body repair. This shop is located over 500 feet from US52. This shop, run by Mr. Keck, usually stores any vehicles being repaired in the shop which meets the requirements ofthe GB zoning district. Mr. Keck is proposing to sell the front portion of thej property to East Albemarle Towing which will enable them to have a storage yard for damaged or inoperable vehicles which have been towed to that location. Currently, GB and M-1 zoning allow for the outside storage of up to five inoperable vehicles. The towing company anticipates having a larger amount of vehicles on the lot. Generally, vehicles on their lot are transferred to ai repair facility or vehicle wrecking yard within a short amount oft time. The only zoning district allowing more than five vehicles in outside storage is M-2. Since adjoining properties to the north and east are. zoned residential, an appropriate buffer is required. Also, the outside storage of more than five inoperable vehicles requires the concealment of the vehicles behind a 10 foot wall or opaque fence. Traffic on USS 52 in this area averages 17,000 vehicles per day according to the 2013-2015 NCDOT traffic count. No traffic count was available for Auto Drive. Its primary use is to get to This property is located in a growth area per the 2010 Stanly County Land-Use Plan. The Planning Board recommends approval oft this request due to its location in a growth area and the economic investment and growth which development of the property will bring. and from H&K Automotive. / USRIDID 7V807) - US52 NORTH 49 STANLVDCOUNTY VORT AROLINA Water An Lard, Saccss, Stanly County Planning Board October 9, 2017 - Meeting Minutes Call to Order Chairman Bob Loflin called the meeting to order on October 9, 2017,at 7:00 p.m. in the Partnership Meeting Room at 1000 N First Street, Albemarle, North Carolina. In the absence of Mr. Remsburg, Michael Sandy, Planning Director served as Clerk oft the meeting. Chair Loflin asked Mr. Sandy to call the roll. Stanly County Planning Board Members Attending Terry Smith Ned Stallings Frank Sparger Kevin Brickman Robert Loflin, Jr., Chair Planning Board Members Absent: John Eckman, III Bob Davis Stanly County Planning Staff Attending Michael Sandy, Director of Planning Others Present: Ray Smith, Charles Brown, Justin Vanderbroeck, Rodney Keck, Casey Chair Loflin asked the Board to note the minutes of August 14, 2017. He asked ifthere were any corrections to the minutes. Hearing none, he asked for a motion to approve. Motion: Frank Sparger made a motion to approve the. August 14, 2017 minutes as written. Ammons Second: Kevin Brickman seconded the motion. Action: The Board unanimously approved this motion. Chair Loflin announce the purposes oft this meeting were to consider three requests to rezone parcels in the county. The chair requested that Mr. Sandy present the case, ZA17-06. Mr. Sandy shared: ZA 17-06 Rodney Keck requests to rezone three lots containing approximately 4.26 acres and located at 36802 Auto Drive, New London from GB(General Business) to M-2(Heavy Industrial), TR #138267, 36833, 10611. The lots surrounding this property are GB, R-20 and RA zoning districts. Properties located across US 52 are: zoning RA and contain houses, property tot the south is GB and is vacant, Property to the east and north are: zoned R-20 and contain one home. The property currently houses H&K Auto repair which specializes in auto-body repair. This shop is located over 500 feet from US: 52. Mr. Keck is proposing to sell the front portion oft the property to allowa towing company to utilize this for a storage yard for damaged or inoperable vehicles. Since more than fivei inoperable vehicles may be on-site at any one time, the rezoning needs to bei in the M-2 District which allows the larger number of vehicles to be stored. A buffer will be required between the property and the adjacent residential zoned areas including a 10 foot wall or opaque fence for the storage yard. Traffic on US 52 in this area averages 17,000 vehicles per day. This is located in a growth area per the 2010 Stanly County Land-Use Plan. Planning staff recommends approval oft this request due toi its location on al highway and in a growth area. Chair Loflin invited Mr. Keck to speak about his request. Mr. Keck addressed the board and explained the purpose oft the request. The Board was given the opportunity to ask any questions. Chair Loflin asked ift there was anyone present who wished to speak in favor of the request. No Chair Loflin asked ifthere was anyone present who wished to speak against the request. There The chair reminded the board that this was a recommendation to the Board of Commissioners. Motion: Frank Sparger made ai motion to recommend approval of the rezoning oft the lot to the one spoke. was no one wishing to speak. Board ofCommissioners. Second: Terry Smith seconded the motion. Action: The Board unanimously approved this motion. of Commissioners at their November 6, 2017 meeting. The chair advised that the request to change the zoning on the lots will now go before the Board The chair requested that Mr. Sandy present the second case,ZA17-08 Mr. Sandy reported: ZA17-08 Casey Ammons request to rezone approximately lacre owned by Lori Mills Greene, just southeast of the corner of Webb Road and NC200 Highway south from RA (Residential Agricultural) to M-1 (Light Industrial). Taxl Record #138524. The lots surrounding this property are RA except for the parcel acquired by Mr. Ammons and rezoned to M-1 on September sth. Properties located across Webb Road and NC200 are either within the Stanfield town limits or within the town's extra-territorial jurisdiction (ETJ). The adjacent properties are either used for residential, agricultural purposes and one lot contains a church building and cemetery. The church is Clark's Grove Primitive Baptist Church which: no longer holds regular services. Two parcels just north and west oft the property (but not adjoining) are zoned Industrial by the Town of Stanfield. These lots contain the Avdel/Stanley Fastening 2 approximately 18.75 acres oft the Charles H. Sandifer, LER property which totals over 32 acres. Areas along the creek on the east side and the north side nearest Badin are not utilized for this project. Areas without sufficient existing vegetation to buffert the property will be required to have a vegetative buffer added. A6' high chain link fence topped with barbed wire will surround the solar generating area. The system will connect to Duke Energy and a decommissioning plan has been submitted to the Planning Department. Traffic on NC 740 averages 4,300 vehicles per day. Broadway Road is lightly traveled. The property isi in a growth area per the 2010 Stanly County Land-Use Plan. Planning staff recommends approval oft this Chair Loflin invited Justin Vanderbroeck to speak in favor oft the request on behalfof ESA Albemarle. Mr. Vanderbroeck explained the plan for development oft the project and its use of Chair Loflin asked ifthere was anyone present who wished to speak in favor oft the request. No Chair Loflin asked ifthere was anyone present who wished to speak against the request. Mr. Ray Smith lives nearby and asked about the glare and appearance oft the facility. His concerns were addressed by Mr. Vanderbroeck. The board asked about the value of the investment. Mr. Vanderbroeck estimated that the facility would be valued between $3-$4 million. The chair reminded the board that this was a recommendation to the Board of Commissioners. Motion: Frank Sparger made ai motion to recommend approval of the rezoning of the lot to the request due toi its location on a highway and being in a growtharea. the land for a solar generating facility. one spoke. Board of Commissioners. Second: Terry Smith seconded the motion. Action: The Board unanimously approved this motion. ofCommissioners at their November 6, 2017 meeting. The chair advised that the request to change the zoning on thel lot will now go before the Board Adjournment Chair Loflin asked ift there was any additional business for the meeting. Hearing none, he asked for a motion to adjourn. Frank Sparger made the motion to adjourn with a second from Kevin Brickman. The motion was approved. The meeting was adjourned at 7:45 p.m. Robert Loflin, Chairman Michael Sandy, Planning Director 4 Stanly County Board of Commissioners STANL)COUNTY Meeting Date: November 6, 2017 Presenter: Michael Sandy las Kéerfn Sassaat. X2B Consent Agenda Regular Agenda Presentation Equipment: KI Lectern PC* Lectern VCR Lectern DVD L 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 tou 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 BriefI Description ofy your Presentations format: Verbalonly that you need toz zoomi into. AI laser lighti is available to pinpoint your area of projection. *** Youc can bring ina al laptop that will allow video out tol be connected: att thel lectern- set display to 60Mhz. for County Employees. ITEM TOE BE CONSIDERED PUBLIC HEARING PLANNING AND ZONING ZA17-07 ESA Albemarle NC, LLC requests to add the overlay zoning district Solar Electric Power Generating System (SEPGS) to 18.75 acres of: a lot owned by Charles H. Sandifer, LER located at the end of Broadway Road, Albemarle, Tax Record #5277. The Planning Board reviewed this request at its meeting on October 9, 2017 and voted unanimously to recommend approval. Itis requested that the Board of Commissioners hold a public hearing on this overlay district request and then approve or deny the request. Ifapproved the Board should adopt the following statement as part oftheir motion: "The proposed location is in a growth area per the 2010 Stanly County Land Use Plan which also recommends 'to promote the economic development of Stanly County". Signature: Date: olis Dept. Planning Attachments: 9 Yes Certification of Action Certified tol be 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 Wahen Ain Land. Sacense PLANNING DEPARTMENT 1000 N. 1" Street, Suite 13-B Albemarle, NC 28001 704-986-3667 MEMORANDUM To: From: Date: RE: Stanly County Planning Board October 23, 2017 Michael Sandy, AICP, CZO, Director of Planning ZA 17-07 ESA Renewables SEPGS Overlay District Property located at the end of Broadway Road, Albemarle Tax Record Number 5277 ZA 17-07 ESA Albemarle NC, LLC requests to add the overlay zoning district SEPGS to 18.75 acres ofa lot owned by Charles H. Sandifer, LER located at the end of] Broadway ESA Albemarle NC, LLC requests to add the overlay zoning district Solar Electric. Power Generating System (SEPGS) to a parcel located at the end of Broadway Road. The property is currently zoned RA - Residential Agricultural. The lots surrounding this property are: zoned RA by either the County or by the Town ofBadin with one lot facing NC 740 being zoned GB- General Business. The SEPGS designation will be added to the underlying district requirements and all permitted activities and requirements of the SEPGS designation will apply. The property currently is mostly open and is cut periodically for hay. The east side oft the property has a wooded creek and abuts the Badin Inn GolfCourse. The business on NC 740 houses Moore Grading Company. Other adjacent properties are mostly farmland and some residential. The total property owned by Charles H. Sandifer, LER contains over. 32 acres, of which, the generating system will lease approximately 18.75 acres. The areas along the creek on the east side and along the north side nearest Badin are. not utilized for the solar project. Areas without sufficient existing vegetation will be required tol have a vegetative buffer added. A6' high chain link fence topped with barbed wire will surround the solar generating area. The system will connect to Duke Energy and a decommissioning plan has been submitted to the Traffic on NC740 in this area averages 4,300 vehicles per day according to the 20161 NCDOT traffic count. No traffic count was available for Broadway Road, however it primarily serves This] property is located in a growth area per the 2010 Stanly County Land-Use Plan. The Planning Board unanimously recommends approval of this request due to its location in a growth Road, Albemarle (TR#5277). Planning Department. local traffic. There are five! homes on Broadway Road. area and the economic benefit. - S STANLD)COUNTY Waten An Lard, Saccess. Stanly County Planning Board October 9, 2017 - Meeting Minutes Call to Order Chairman Bob Loflin called the meeting to order on October 9, 2017, at 7:00 p.m. in the Partnership Meeting Room at 1000 N First Street, Albemarle, North Carolina. In the absence of Mr. Remsburg, Michael Sandy, Planning Director served as Clerk oft the meeting. Chair Loflin asked Mr. Sandy to call the roll. Stanly County Planning Board Members Attending Terry Smith Ned Stallings Frank Sparger Kevin Brickman Robert Loflin, Jr., Chair Planning Board Members Absent: John Eckman, III Bob. Davis Stanly County Planning Staff Attending Michael Sandy, Director of Planning Others Present: Ray Smith, Charles Brown, Justin Vanderbroeck, Rodney Keck, Casey Chair Loflin asked the Board to note the minutes of August 14, 2017. He asked ift there were any corrections to the minutes. Hearing none, he asked for a motion to approve. Motion: Frank Sparger made a motion to approve the August 14, 2017 minutes as written. Ammons Second: Kevin Brickman seconded the motion. Action: The Board unanimously approved this motion. Chair Loflin announce the purposes oft this meeting were to consider three requests to rezone parcels in the county. The chair requested that Mr. Sandy present the case, ZA17-06. Mr. Sandy shared: ZA 17-06 Rodney Keck requests to rezone three lots containing approximately 4.26 acres and located at 36802 Auto Drive, New London from GB(General Business) to M-2(Heavy Industrial), TRi #138267, 36833, 10611. The lots surrounding this property are GB, R-20 and RA: zoning districts. Properties located across US: 52 are. zoning RA and contain houses, property to the south is GB and is vacant, Property to the east and north are zoned R-20 and contain one home. The property currently houses H&K Auto repair which specializes in auto-body repair. This shop is located over 500 feet from US 52. Mr. Keck is proposing to sell the front portion of the property to allowa towing company to utilize this for a storage yard for damaged or inoperable vehicles. Since more than five inoperable vehicles may be on-site at any one time, the rezoning needs to be in the M-2 District which allows the larger number of vehicles to be stored. A buffer will be required between the property and the adjacent residential zoned areas including a 10 foot wall or opaque fence for the storage yard. Traffic on US 52 in this area averages 17,000 vehicles per day. This is located in a growth area per the 2010 Stanly County Land-Use Plan. Planning staff recommends approval ofthis request due to its location on al highway and in a growth area. Chair Loflin invited Mr. Keck to speak about his request. Mr. Keck addressed the board and explained the purpose of the request. The Board was given the opportunity to ask any questions. Chair Loflin asked if there was anyone present who wished to speak in favor of the request. No Chair Loflin asked if there was anyone present who wished to speak against the request. There The chair reminded the board that this was a recommendation to the Board ofCommissioners. Motion: Frank Sparger made ai motion to recommend approval of the rezoning oft the lot to the one spoke. was no one wishing to speak. Board ofCommissioners. Second: Terry Smith seconded the motion. Action: The Board unanimously approved this motion. of Commissioners at their November 6, 2017 meeting. The chair advised that the request to change the zoning on the lots will now go before the Board The chair requested that Mr. Sandy present the second case, ZA17-08 Mr. Sandy reported: ZA17-08 Casey Ammons request to rezone approximately lacre owned by Lori Mills Greene, just southeast of the corner of Webb Road and NC 200 Highway south from RA (Residential Agricultural) tol M-1 (Light Industrial). Tax Record #138524. The lots surrounding this property are RA except for the parcel acquired by Mr. Ammons and rezoned to M-1 on September 5th. Properties located across Webb Road and NC 200 are either within the Stanfield town limits or within the town'se extra-territorial, jurisdiction (ETJ). The adjacent properties are either used for residential, agricultural purposes and one lot contains a church building and cemetery. The church is Clark's Grove Primitive Baptist Church which no longer holds regular services. Twoj parcels just north and west of the property (but not adjoining) are zoned Industrial by the Town of Stanfield. These lots contain the Avdel/Stanley Fastening 2 facility and the Allen Storage facilities (formerly the Allendale Furniture Company). Mr. Ammons is proposing to use the lot for a vehicle repair shop. He plans to construct al building for this purpose. A vehicle repair shop is allowed in the GB - General Business District and in M-1. The GB district does not allow the storage of any unlicensed vehicles outside oft the building, but the M-1 district allows up to 5 vehicles to be stored outside. Mr. Ammons plans to do storage in a fenced-in area. Because the surrounding properties are used for non-business purposes, the property and the storage area must be screened to meet the requirements ofthe zoning ordinance. This parcel is currently an open field and will require a septic system and a well. Traffic on NC 200 South in this area averages 1,300 vehicles per day according to the 2015 NCDOT traffic count. No traffic count was available for Webb Road. This property is located in a growth area per the 2010 Stanly County Land-Use Plan. Planning staff recommends approval of this request due to its location on a highway and in a growth arca. Chair Loflin invited Casey Ammons, petitioner, to explain his request. Mr. Ammons shared that he has been able to acquire this adjacent one acre parcel and would like to add this to the area he has already acquired and rezoned. He would be operating a body shop at this location and hoped to build within one year. He anticipates 3-4 employees to work at this Chair Loflin asked if there was anyone present who wished to speak in favor of the request. No Chair Loflin asked ift there was anyone present who wished to speak against the request. There The chair reminded the board that this was a recommendation to the Board of Commissioners. Motion: Kevin Brickman made ai motion to recommend approval oft the rezoning of the lot to the facility. one spoke. was no one wishing to speak. Board of Commissioners. Second: Frank Sparger seconded the motion. Action: The Board unanimously approved this motion. ofCommissioners at their November 6, 2017 meeting. The chair advised that the request to change the zoning on the lot will now go before the Board The chair requested that Mr. Sandy present the third casc, ZA17-07. Mr. Sandy reported: ZA17-07 ESA Albemarle, LLC requests to apply a Solar Electric Power Generating System Overlay District to property owned by Charles H. Sandifer and Myra Elaine The property is currently zoned RA(Residential Agricultural) and the lots surrounding this property are zoned RA by either the county or the Town of Badin. One nearby loti is zoned GB- General Business. The SEPGS designation will be added to the RA district regulations on Moore, Broadway Road, Albemarle. Tax Record #5277. 3 approximately 18.75 acres ofthe Charles H. Sandifer, LER property which totals over 32 acres. Areas along the creek on the east side and the north side nearest Badin are not utilized for this project. Areas without sufficient existing vegetation to buffer the property will be required to have a vegetative buffer added. A6' high chain link fence topped with barbed wire will surround the solar generating area. The system will connect to Duke Energy and a decommissioning plan has been submitted to the Planning Department. Traffic on NC 740 averages 4,300 vehicles per day. Broadway Road is lightly traveled. The property is in a growth area per the 2010 Stanly County Land-Use Plan. Planning staffrecommends approval ofthis Chair Loflin invited Justin Vanderbroeck to speak in favor oft the request on behalf ofESA Albemarle. Mr. Vanderbroeck explained the plan for development oft the project and its use of Chair Loflin asked ift there was anyone present who wished to speak in favor of the request. No Chair Loflin asked ifthere was anyone present who wished to speak against the request. Mr. Ray Smith lives nearby and asked about the glare and appearance oft the facility. His conçerns were addressed by Mr. Vanderbroeck. The board asked about the value of the investment. Mr. Vanderbroeck estimated that the facility would be valued between $3-$4 million. The chair reminded the board that this was a recommendation to the Board of Commissioners. Motion: Frank Sparger made a motion to recommend approval oft the rezoning of the lot to the request due toi its location on al highway and being in a growth area. the land for a solar generating facility. one spoke. Board of Commissioners. Second: Terry Smith seconded the motion. Action: The Board unanimously approved this motion. ofCommissioners at their November 6, 2017 meeting. The chair advised that the request to change the zoning on the lot will now go before the Board Adjournment Chair Loflin asked ift there was any additional business for the meeting. Hearing none, he asked for ai motion to adjourn. Frank Sparger made the motion to adjourn with a second from Kevin Brickman. The motion was approved. The meeting was adjourned at 7:45 p.m. Robert Loflin, Chairman Michael Sandy, Planning Director 4 Stanly County Board of Commissioners STANL) - COUNTY Meeting Date: November 6, 2017 X2C Presenter: Michael Sandy Mtrfa4 ladldassas. 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 ** Ifyouh have need to use the Document Camera and: zoom into: a particular area, if possible please attach a copy oft the document with the areai indicated Please Provide a Brief Description of your Presentations format: Verbal only that you need toz zoom into. Al laser lighti isa available to pinpoint your area ofp projection. *** You can bring ina a laptop that will allow video outt to be connected att the lectern- set display to 60Mhz. for County Employees. ITEMTOBE CONSIDERED PUBLIC HEARING PLANNING AND ZONING ZA 17-08 Casey Ammons request to rezone an approximately 1 acre lot southeast of the corner of Webb Road and NC 200 South Highway, Stanfield from RA(Residential Agricultural) to M- 1(Light Industrial), Tax Record #138524. This is an adjacent parcel to the 1.87 acre lot which was rezoned on September 5". The Planning Board reviewed this request at its meeting on October 9, 2017 and voted unanimously to recommend approval. Iti is requested that the Board of Commissioners hold a public hearing on this rezoning request and then approve or deny the rezoning request. Ifapproved the Board should adopt the following statement as part oft their motion: "The proposed location is in a growth area per the 2010 Stanly County Land Use) Plan which also recommends 'to promote the economic development of Stanly County". Signature: Date: 10/is/17 44 / Dept. Planning Attachments: % Yes Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board ofCommissioners 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 STANLYD COUNTY Waten, Ain Lant, Siccesv. PLANNING DEPARTMENT 10001 N. I"Street, Suite 13-B Albemarle, NC 28001 704-986-3667 MEMORANDUM To: From: Date: RE: Stanly County Planning Board October 23,2017 Michael Sandy, AICP, CZO, Director ofl Planning ZA 17-08 Casey Ammons, RA to M-1 Tax Record Number 138524 Property located on the southeast corner of Webb Road and NC 200 South ZA 17-08 Casey Ammons requests to rezone: an approximately 1 acre lot owned by Lori Mills Greene on Webb Road southeast of the corner of Webb Road and NC 200 Hwy South, Stanfield from RA (Residential Agricultural) to M-1(Light Industrial), Tax Record Casey Ammons requests that the property located on Webb Road southeast oft the corner of Webb Road and NC200 South, Stanfield containing approximately lacre be rezoned to M-1) Light Industrial. (TR#138524). The property is currently zoned RA - Residential Agricultural. Thel lots surrounding this property are RA except for the parcel acquired by Mr. Ammons and rezoned tol M-1 on September 5th. Properties located across Webb Road and NC 200 are either within the Stanfield town limits or within the town'se extra-territorial, jurisdiction (ETJ). The adjacent properties are either used for residential, agricultural purposes and one lot contains a church building and cemetery. The church is Clark's Grove Primitive Baptist Church which no longer holds regular services. Twoj parcels just north and west oft the property (but not adjoining) are zoned Industrial by the Town of Stanfield. These lots contain the Avdel/Stanley Fastening facility and the Allen Storage facilities (formerly the Allendale Furniture Company). Mr. Ammons is adding this acreage to his plans for the adjoiningi parcel. Mr. Ammons is proposing to use this lot and the one recently rezoned for a vehicle repair shop. He plans to construct al building for this purpose. A vehicle repair shop is allowed in the GB - General Business District and in M-1. The GB district does not allow the storage of any unlicensed vehicles outside ofthe building, but thel M-1 district allows upi to 5 vehicles to be stored outside. Mr. Ammons plans to do storage in ai fenced-in area. Because the surrounding properties are used for non-business purposes, the property and the storage area must be screened to meet the requirements ofthe zoning ordinance. The M- 1districti is "designed to accommodate industries and warehousing operations which can be operatedi in a relatively clean and quiet manner and which will not be obnoxious to adjacent residential and business This parcel is currently an open field and will require a septic system and a well. Traffic on NC200 South in this area averages 1,300 vehicles per day according to the 20151 NCDOT traffic count. No traffic count This property is located in a growth area pert the 2010 Stanly County Land-Use Plan. The Planning Board unanimously recommends approval of this request due to its location on in a growth area and for the #138524. districts." was available for Webb Road. promotion ofjobs and economic benefit for the County. - o ACAUIE 00 9 E NC2DO STANLDC COUNTY Waten Ain Lard, Saccess. Stanly County Planning Board October 9, 2017 - Meeting Minutes Call to Order Chairman Bobl Loflin called the meeting to order on October 9, 2017,at7 7:00 p.m. in the Partnership Meeting Room at 1000 N First Street, Albemarle, North Carolina. In the absence of Mr. Remsburg, Michael Sandy, Planning Director served as Clerk of the meeting. Chair Loflin asked Mr. Sandy to call the roll. Stanly County Planning Board Members Attending Terry Smith Ned Stallings Frank Sparger Kevin Brickman Robert Loflin, Jr., Chair Planning Board Members Absent: John Eckman, III Bob Davis Stanly County Planning Staff Attending Michael Sandy, Director of Planning Others Present: Ray Smith, Charles Brown, Justin Vanderbroeck, Rodney Keck, Casey Chair Loflin asked the Board to note the minutes of August 14, 2017. He asked ifthere were any corrections to the minutes. Hearing none, he asked for a motion to approve. Motion: Frank Sparger made a motion to approve the August 14, 2017 minutes as written. Ammons Second: Kevin Brickman seconded the motion. Action: The Board unanimously approved this motion. Chair Loflin announce the purposes of this meeting were to consider three requests to rezone parcels ini the county. The chair requested that Mr. Sandy present the case, ZA17-06. Mr. Sandy shared: ZA 17-06 Rodney Keck requests to rezone three lots containing approximately 4.26 acres and located at 36802 Auto Drive, New London from GB(General Business) to M-2(Heavy Industrial), TR #138267, 36833, 10611. The lots surrounding this property are GB, R-20 and RA zoning districts. Properties located across US 52 are zoning RA and contain houses, property tot the south is GB and is vacant, Property to the east and north are zoned R-20 and contain one home. Thej property currently houses H&K Auto repair which specializes in auto-body repair. This shop is located over 500 feet from US 52. Mr. Keck is proposing to sell the front portion ofthe property to allowa towing company to utilize this for a storage yard for damaged ori inoperable vehicles. Since more than five inoperable vehicles may be on-site at any one time, the rezoning needs to bei in the M-2 District which allows the larger number of vehicles to be stored. A buffer will be required between the property and the adjacent residential zoned areas including a 10 foot wall or opaque fence for the storage yard. Traffic on US 52 in this area averages 17,000 vehicles per day. This is located in a growth area per the 2010 Stanly County Land-Use Plan. Planning staff recommends approval oft this request due to its location on al highway and in a growth area. Chair Loflin invited Mr. Keck to speak about his request. Mr. Keck addressed the board and explained the purpose of the request. The Board was given the opportunity to ask any questions. Chair Loflin asked ift there was anyone present who wished to speak in favor of the request. No Chair Loflin asked ift there was anyone present who wished to speak against the request. There The chair reminded the board that this was ai recommendation to the Board of Commissioners. Motion: Frank Sparger made a motion to recommend approval oft the rezoning oft the lot to the one spoke. was no one wishing to speak. Board ofCommissioners. Second: Terry Smith seconded the motion. Action: The Board unanimously approved this motion. ofCommissioners at their November 6, 2017 meeting. The chair advised that the request to change the zoning on the lots will now go before the Board The chair requested that Mr. Sandy present the second case, ZA17-08 Mr. Sandy reported: ZA17-08 Casey Ammons request to rezone approximately lacre owned by Loril Mills Greene just southeast of the corner of Webb Road and NC200 Highway south from RA (Residential Agricultural) to M-1 (Light Industrial). Tax Record #138524. The lots surrounding this property are RA except for the parcel acquired by Mr. Ammons and rezoned tol M-1 on September 5th. Properties located across Webb Road and NC: 200 are either within the Stanfield town limits or within the town'sextra-temtonal jurisdiction (ETJ). The adjacent properties are either used for residential, agricultural purposes and one lot contains a church building and cemetery. The church is Clark's Grove Primitive Baptist Church which no longer holds regular services. Twoj parcels just north and west of the property (but not adjoining) are zoned Industrial by the Town of Stanfield. These lots contain the Avdel/Stanley Fastening 2 facility and the Allen Storage facilities (formerly the Allendale Furniture Company). Mr. Ammons is proposing to use the lot for a vehicle repair shop. He plans to construct al building for this purpose. A vehicle repair shop is allowed in the GB - General Business District andi in M-1. The GB district does not allow the storage ofany unlicensed vehicles outside ofthe building, but the M-1 district allows up to 5 vehicles to be stored outside. Mr. Ammons plans to do storage in a fenced-in area. Because the surrounding properties are used for non-business purposes, the property and the storage area must be: screened to meet the requirements oft the zoning ordinance. This parcel is currently an open field and will require a septic system and a well. Traffic on NC: 200 South in this area averages 1,300 vehicles per day according to the 2015 NCDOT traffic count. No traffic count was available for Webb Road. This] property is located in a growth area per the 2010 Stanly County Land-Use Plan. Planning staff recommends approval oft this request due to its location on a highway and in a growth area. Chair Loflin invited Casey Ammons, petitioner, to explain his request. Mr. Ammons shared that he has been able to acquire this adjacent one acre parcel and would like to add this to the area he has already acquired and rezoned. He would be operating al body shop at this location and hoped to build within one year. He anticipates 3-4 employees to work at this Chair Loflin asked ift there was anyone present who wished to speak in favor oft the request. No Chair Loflin asked ifthere was anyone present who wished to speak against the request. There The chair reminded the board that this was a recommendation to the Board of Commissioners. Motion: Kevin Brickman made a motion to recommend approval of the rezoning of the lot to the facility. one spoke. was no one wishing to: speak. Board ofCommissioners. Second: Frank Sparger seconded the motion. Action: The Board unanimously approved this motion. ofCommissioners at their November 6, 2017 meeting. The chair requested that Mr. Sandy present the third case, ZA17-07. The chair advised that the request to change the zoning on the lot will now go before the Board Mr. Sandy reported: ZA17-07 ESA Albemarle, LLC requests to apply a Solar Electric Power Generating System Overlay District to property owned by Charles H.Sandifer and Myra Elaine The property is currently zoned RA(Residential Agricultural) and the lots surrounding this property are zoned RA by either the county or the Town of Badin. One nearby lot is zoned GB- General Business. The SEPGS designation will be added tot the RA district regulations on Moore, Broadway Road, Albemarle. Tax Record #5277. 3 approximately 18.75 acres ofthe Charles H. Sandifer, LER property which totals over 32 acres. Areas along the creek on the east side and the north side nearest Badin are not utilized for this project. Areas without sufficient existing vegetation tol buffer the property will be required to have a vegetative buffer added. A6' high chain link fence topped with barbed wire will surround the solar generating area. The system will connect to Duke Energy and a decommissioning plan has been submitted to the Planning Department. Traffic on NC 740 averages 4,300 vehicles per day. Broadway Road is lightly traveled. The property isi in a growth area per the 2010 Stanly County Land-Use Plan. Planning staff recommends approval oft this Chair Loflin invited Justin Vanderbroeck to speak in favor oft the request on behalf ofE ESA Albemarle. Mr. Vanderbroeck explained the plan for development oft the project and its use of Chair Loflin asked ift there was anyone present who wished to speak in favor of the request. No Chair Loflin asked ifthere was anyone present who wished to speak against the request. Mr. Ray Smith lives nearby and asked about the glare and appearance of the facility. His concerns were addressed by Mr. Vanderbroeck. The board asked about the value ofthe investment. Mr. Vanderbroeck estimated that the facility would be valued between $3-$4 million. The chair reminded the board that this was a recommendation to the Board of Commissioners. Motion: Frank Sparger made a motion to recommend approval of the rezoning oft the lot to the request due to its location on a highway and being in a growth area. the land for a solar generating facility. one spoke. Board ofCommissioners. Second: Terry Smith seconded the motion. Action: The Board unanimously approved this motion. of Commissioners at their November 6, 2017 meeting. The chair advised that the request to change the zoning on the lot will now go before the Board Adjournment Chair Loflin asked ift there was any additional business for the meeting. Hearing none, he asked for a motion to adjourn. Frank Sparger made the motion to adjourn with a second from Kevin Brickman. The motion was approved. The meeting was adjourned at 7:45 p.m. Robert Loflin, Chairman Michael Sandy, Planning Director 4 Stanly County Board of Commissioners STANU)COUNTY Meeting Date: November 6, 2017 Presenter: Hinson Toby 3 MafaladSua Consent Agenda Regular Agenda Presentation Equipment: J 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 for ** Ifyoul have need to uset thel Document Camera and: zoom into: a particular area, ifp possible please attachac copy of the document with the areai indicated Please Provide: al BriefDeseription of your Presentations format: that your need toz zoomi into. Al laser lighti is available top pinpoint your area of projection. *** You can! bringi in: al laptopt that will allow video out to! be connected: at thel lectern set display to6 60Mhz. County Employees. ITEMTO: BE CONSIDERED The County has an opportunity to do a rate reduction on two school construction loans which are with BB&T. The current interest rate on both these loans is 3.67%. BB&Ti is offering a decrease in the rate to2 2.69% which should provide a savings of around $367,000 after costs ofi issuance through the term of the loan. The current combined balance on these loans is $7,526,316. This is simply a reduction in the interest rate and maturity will remain the: same as the existing debt. BB&T will combine these twol loans into one. Attached are the resolution, modification agreement, and savings analysis for this rate modification. Consider and approve the resolution to proceed with the rate modification. Signature: Toby R. Hinson Date: 10/27/17 Dept. Attachments: Yes Certification of Action Certified to bea 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 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF STANLY,NORTH CAROLINA APPROVING A MODIFICATION AGREEMENT AMENDING ANI INSTALLMENT FINANCING AGREEMENT WHEREAS, the County of Stanly, North Carolina (the "County")al body politic and corporate of the State of North Carolina, entered into an Installment Financing Contract dated July 7,2008 (the' "2008 Agreement") with Branch Banking & Trust Company ("BB&T") to finance the cost of acquiring, constructing, and equipping various improvements to Locust Elementary School and Aquadale Elementary School at an annual interest rate of4 4.48%; WHEREAS, the County entered into a Modification Agreement dated December 29, 2011 (the "2011 Modification") with BB&T to modify and amend a $6,200,000.00 portion of the 2008 Agreement and reduce the annual interest rate to 3.67%; WHEREAS, the County entered into a Modification Agreement dated January 25,2012 (the "2012 Modification") with BB&T to modify and amend a $5,112,075.29 portion of the 2008 Agreement and reduce the annual interest rate to 3.67%; WHEREAS, the County Board of Commissioners (the "Board") has determined that it would be in the best interest of the County to enteri into an additional Modification Agreement (the "2017 Modification")t to modify and amend the 2008 Agreement, as modified by the 2011 Modification and the 2012 Modification, and lower the interest rate paid by the County on the outstanding loan balance ($7,526,316.46 as ofNovember 9, 2017) from 3.67% to 2.69%. After payment of costs ofi issuance, this will save the County $367,582.47 over the remaining term of the loan; WHEREAS, the County and BB&T have agreed to again modify and amend the 2008 Agreement, as modified by the 2011 Modification and the 2012 Modification, to be dated on or about November 9, 2017; NOW, THEREFORE, BE ITRESOLVED. BY THE. BOARD OF COMMISSIONERS OF7 THE COUNTY OF STANLY, NORTHCAROLINA, AS FOLLOWS: Section 1. Section 2. The terms of the 20171 Modification are in the best interest oft the County. The 2017 Modification is hereby approved. The County hereby authorizes the Chairman or Vice Chairman oft the Board of Commissioners and the Clerk to the Board of Commissioners to execute, acknowledge, and deliver the 2017 Modification, together with all associated documents necessary and appropriate in order to consummate the transactions contemplated by the 2017 Modification and to implement and carry out the intent and purposes of this Resolution, containing such terms as are satisfactory to the County Manager andi in form and substance satisfactory to the County Attorney, with such execution constituting the conclusive approval oft the County. Section 3. repealed. All motions, orders, resolutions and parts thereofin conflict herewith are Section 4. This resolution is effective on the date ofi its adoption. ACCEPTED this the 6" day ofl November, 2017. W.D. Lawhon, Jr., Chairman Stanly County Board ofCommissioners ATTEST: Tyler Brummitt, Clerk to the Board Commissioner seconded by Commissioner moved to approve the resolution as presented and The motion passed by the following vote: AYES: NAYS: MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT (this "Modification Agreement") is dated as of November 9, 2017 (the "Modification Date-"), and is between the COUNTY OF STANLY, NORTH CAROLINA, a public body of the State of North Carolina (the "County"), and BRANCH BANKING AND TRUST COMPANY ("BB&T"). This Modification Agreement, among other things, modifies and amends an Installment Financing Agreement dated July 7, 2008 (the "2008 Agreement") between the County and BB&T, as modified by a Modification Agreement dated December 29, 2011 (the "2011 Modification") and a Modification Agreement dated January 25, 2012 (the "2012 Modification"). The 2008 Agreement as modified by the 2011 Modification and the 2012 Modification is referred to herein as the "Original Agreements". The parties desire to modify the Original Agreements to adjust the rate ofi interest payable by the County on the outstanding balance of the principal amount financed pursuant to the Original Agreements from an annual interest rate of3.67% to an annual interest rate of2.69%. Now, therefore, for and in consideration of the premises, and for the purposes described in the Original Agreements, the County and BB&T (and its respective heirs, successors and assigns) agree as follows: 1. Exhibit A to the 2008 Agreement (as amended) is hereby amended to read as set forth on Exhibit A attached to this Modification Agreement and incorporated herein by this reference. The annual rate on and after the Modification Date is 2.69%. 2. On the Modification Date, the County shall pay to BB&T (a) $49,077.26, representing accrued interest to the Modification Date on the 2011 Modification, and (b) $42,994.68, representing accrued interest to the Modification Date on the 2012 Modification. with all subordinate entities thereof and any other entities which issue obligations on behalf of the County, will not issue more than $10,000,000 of tax-exempt obligations (other than private activity bonds, except for qualified 501(c)(3) bonds) during the calendar year in which this Modification Agreement is executed. The County hereby designates its obligations under the Original Agreements as modified and amended by this Modification Agreement as a "qualified tax-exempt obligation" for the purposes of Section 265(b)(3) of the Internal Revenue Code of 3. The County hereby represents that it reasonably expects that the County, together 1986, as amended. 4. 5. 6. Agreements. On the Modification Date, the County shall pay to BB&T ai fee of $5,000. Except as modified by this Modification Agreement, the terms and provisions of This Modification Agreement affects the same real property as the Original the Original Agreements are in all respects ratified and confirmed. 7. Notwithstanding any other provision of this agreement or the Original Agreements, the County and BB&T intend to comply with North Carolina General Statutes Section 160A-20. No deficiency judgment may be entered against the County in violation of such Section 160A-20. 8. This document may be executed in counterparts, including separate counterparts, all of which shall constitute but a single agreement. [remainder of page intentionally left blank] 2 IN WITNESS WHEREOF, the County has caused this Modification Agreement to be executed as ofthe day and year first above written by duly authorized officers. ATTEST: (SEAL) By: Printed Name: Title: COUNTY OF STANLY, NORTH CAROLINA By: Printed Name: Title: 3 Approved: BRANCH BANKING AND TRUST COMPANY By: Roxanne Crouch Vice President This contract has been approved under the provisions of Article 8, Chapter 159 ofthe General Statutes ofNorth Carolina. Greg C. Gaskins Secretary, North Carolina Local Government Commission [Greg C. Gaskins or Designated Assistant] By. [Signature page to Modification Agreement dated as ofNovember 9,2017] 4 EXHIBITA Revised Payment Schedule (Exhibit A) to an Installment Financing Agreement dated July 7, 2008 between the County and BB&T, as modified by a Modification Agreement dated December 29, 2011 and a Modification Agreement dated January 25, 2012. Dated as of: November 9, 2017 Contract Number: 9933003660-00001 This Payment Schedule is issued pursuant to a Modification Agreement dated as of November 9, 2017 (the "Modification Agreement"). The Modification Agreement, among other things, modifies and amends the Original Agreements, as defined in the Modification Agreement. All terms used in this Payment Schedule have the meanings ascribed to them ini the Original Agreements. The payments required to repay the outstanding principal balance of the advance made pursuant to the 2008 Agreement (as defined in the Modification Agreement) (which amount outstanding as of November 9, 2017 is $7,526,316.46) call for an amortization of 10.16 years. Payments are annual in arrears with a fixed principal component of $684,210.59. A portion of each payment is paid as and represents payment ofinterest at an annual interest rate of2.69%. Payments are due beginning on January 9, 2018, and annually thereafter, with a final payment of all outstanding principal and accrued and unpaid interest due on January 9, 2028, all as set forth in the attached amortization schedule. 5 SCHEDULE Annual Debt Service Period 11/9/2017 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022 6/30/2023 6/30/2024 6/30/2025 6/30/2026 6/30/2027 6/30/2028 Debt Service Bond Balance 7,526,316.49 6,842,105.90 6,157,895.31 5,473,684.72 4,789,474.13 4,105,263.54 3,421,052.95 2,736,842.36 2,052,631.77 1,368,421.18 684,210.59 Ending Principal Coupon Interest 1/9/2018 684,210.59 2.690% 33,742,99 717,953.58 1/9/2019 684,210.59 2.690% 184,052.65 868,263.24 1/9/2020 684,210.59 2.690% 165,647.38 849,857.97 1/9/2021 684,210.59 2.690% 147,242.12 831,452.71 1/9/2022 684,210.59 2.690% 128,836.85 813,047.44 1/9/2023 684,210.59 2.690% 110,431.59 794,642.18 1/9/2024 684,210.59 2.690% 92,026.32 776,236.91 1/9/2025 684,210.59 2.690% 73,621.06 757,831.65 1/9/2026 684,210.59 2.690% 55,215.79 739,426.38 1/9/2027 684,210.59 2,690% 36,810.53 721,021.12 1/9/2028 684,210.59 2.690% 18,405.26 702,615.85 717,953.58 6,842,105.90 868,263.24 6,157,895.31 849,857.97 5,473,684.72 831,452.71 4,789,474.13 813,047.44 4,105,263.54 794,642.18 3,421,052.95 776,236.91 2,736,842.36 757,831.65 2,052,631.77 739,426.38 1,368,421.18 721,021.12 684,210.59 702,615.85 6 SCHOOL CONSTRUCTION LOAN RATE MODIFICATION2.69%5 SAVINGS ANALYSIS Fiscal Year FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 Prior Debt Service $ 960,426.39 $ 935,315.87 910,205.35 885,094.81 859,984.29 834,873.77 809,763.25 784,652.69 759,542.17 734,431.65 709,321.08 New Debt Service 948,133.42 $ 868,263.23 849,857.97 831,452.71 813,047.44 794,642.18 776,236.91 757,831.65 739,426.37 721,021.12 702,615.85 Savings 12,292.97 67,052.64 60,347.38 53,642.10 46,936.85 40,231.59 33,526.34 26,821.04 20,115.80 13,410.53 6,705.23 9,183,611.32 $ 8,802,528.85 $ 381,082.47 Savings Summary Total Savings Less: BB&T Fees First Tryon Advisors Parker Poe Net Savings $381,082.47 (5,000.00) (5,000.00) (3,500.00) $367,582.47 Stanly County Board of Commissioners Presenter: Clinton Swaringen - Tax Administrator STANV)COUNTY Meeting Date: November 6, 2017 4A Waen Ar4 Lad,oacces, Consent Agenda Regular Agenda Presentation Equipment: Lectern PC* Lectern VCR L Lectern DVD Document Camera** Laptop*** *PCis equipped with Windows XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyou! have need to use thel Document Camera and: zoomi into: a particular area, ifp possible please attach: a copy oft the document with the: area indicated Please Provide: a BriefDescription ofyour Presentations format: that! you need toz zoomi into. AI laser lighti is available to pinpoint your area of projection. *** You can bringi ina al laptop that will allow video out to be connected at thel lectern- set display to 60Mhz. Board of Equalization and Review Appointments for County Employees. ITEM' TOBE CONSIDERED The Board of Equalization and Review consists of 5 members. They hear appeals for real and personal property from taxpayers when there are disagreements on value between the taxpayer and the' Tax Administration. Sammy Estridge, Jr. (current Chairman) and Richard Cosgrove, Jr. both have terms that expire on December 31, 2017. Jerry Almond resigned on 3/14/17 and the commissioners decided at their April 3, 2017 meeting to proceed with four members until December 31, 2017. Board members Jerry Burleson and Vickie Long have terms that expire The Board of Commissioners need to appoint 3 new members to the Board of E & R with 4 year terms that will expire December 31, 2021. Statute 105-322(a) declares that the Board of Commissioners designates a chairman of the Board ofE& - R. Iwould highly recommend Jerry December 31,2019. Burleson to be the chairman oft this new Board ofE & R. No Action Requested at this time Signature: Czhas Date: /0-a3-17 Dept. Attachments: Yes Certification of Action Certified tol be a true copy of the action taken by the Stanly County Board of Commissioners on No X 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 STANU) COUNTY Meeting Date: Nov. 6, 2017 Presenter: Melanie. JHolles 4B WarAa4 Leds Sarcet, Consent Agenda Regular Agenda Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD L Document Camera** Laptop*** *PCi is equipped with' Windows! XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyou! have need to use thel Document Camera and zoomi into a particular: area, ifp possible please attach a copy of the document with the areai indicated Please Provide a Brief Description of your Presentations format: that you need toz zoomi into. Al laser lighti isavailable top pinpoint your area of projection. *** You can bringi ins a laptop that will allow video outt to be connected at thel lectern set display to6 60Mhz. for County Employees. ITEMTOBE CONSIDERED Jessica Holt resigned her Library Board of Trustees seat this summer while the board was on break. The Board has reviewed all of the current applications and is recommending Glenda Gibson be appointed to complete Ms. Holt'sterm. Review and consider the appointments of one new Library Board ofTrustee member to complete a term expiring June 30, 2019. 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 tot the Board Date Stanly County Board of Commissioners STANU)COUNTY Meeting Date: November 6, 2017 Presenter: Andy Lucas Walen An Lers Saces, 4C Consent Agenda Regular Agenda Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD JI Document Camera** Laptop*** *PCise equipped with Windows XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyou have need to use thel Document Camera and zoomi into a particular area, ifp possible please attach a copy oft the document with thes areai indicated Please Provide: a BriefDescription ofy your Presentations format: that your need toz zoomi into. AI laser lighti is available to pinpoint your area of projection. *** You can bringi in a laptop that will allow video out to be connected at thel lectern- set display to6 60Mhz. for County Employees. ITEM TO BE CONSIDERED NORWOOD ABC BOARD APPOINTMENT Asareminder, Mr. Chalmers Glenn has requested not to be reappointed to the ABC Board once his term expires in November 2017. Iti is requested the Board name a replacement to serve as county representative for a three (3) year term expiring November 2020. There are no volunteer applications on file at this time. Request a new member be appointed to the Town of Norwood ABC Board for a three (3) year term ending November 30, 2020. Signature: Date: Dept. Attachments: Yes Certification of Action Certified to beat true copy oft the action taken the 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 Revised 10/19/2007 Stanly County Board of Commissioners 4D Meeting Date Presenter: November 6, 2017 Andy Lucas, County Manager ITEM TO BE CONSIDERED STANL)COUNTY Waen An Lor. Saccest. Consent Agenda Regur Agenda Consolidated Human Services Board Appointments The existing members of both the Board ofHealth and Board of Social Services have developed a list of nominations for the initial consolidated Human Services Board. Attached please find the list ofnames Perl NCGS 153A-77, the Board can make initial appointments for less than the standard four (4): year term in order to have uniformed staggered terms. Further, the Board may appoint a member to concurrently fill more than one category ofmembership ifa an individual has the qualifications or submitted for consideration. attributes of more than one category ofmembership. Review and consider the appointment of the consolidated Human Services Board per the nominating recommendations from the existing Board ofHealth and Board of Social Services. Signature: Dept Central Administration 12 M - Date: 11/01/17 Attachments: XYes Certification of Action Certified tol 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 to the Board Date Stanly County Consolidated Human Services Board Transition As of October 5, 2017 Comment = Willing to serve ifs so appointed. Current BOH Representative Consolidated Human Services Board- Representative 1 Consumer of Human Services (Required) 2 Consumer of Human Services (Required) 3 Consumer of Human Services (Required) 4 Consumer of Human Services (Required) 5 Veterinarian (Required) 6 Pharmacist (Required) 7 Physician (Required) 8 Engineer (Required) 9 Registered Nurse (Required) 10 Dentist (Required) 11 Optometrist (Required) 12 Commissioner (1 Required) 13 Psychologist (Required) 14 Social Worker (Required) Beth 15 Psychiatrist (Required) 16 Other Gen Public (Optional) 17 Other Gen Public (Optional) 18 Other Gen Public (Optional) 19 Other Gen Public (Optional) 20 Other Gen Public (Optional) 21 Other Gen Public (Optional) 22 Other Gen Public (Optional) 23 Other Gen Public (Optional) 24 Other Gen Public (Optional) 25 Other Gen Public (Optional) Designation 1 Gen. Public 2 Gen. Public 3 Gen. Public Larry Faulkner Dr. Joan Eudy, RN Shirley Lowder Nancy Smoak Boyd Huneycutt Paige Emerson Calvin Lloyd 4 Veterinarian Dr. Amy Jordan 5 Pharmacist 6 Physician 7 Engineer 8 Registered Nurse 9 Dentist Ric Cain Dr. Keenya Little Conrad Carter Dr. Dianne Daniels, RN Dr. Tom Norwood 10 Optometrist Dr.James Marshall 11 Commissioner Jann Lowder Current DSS Board 12 BOCC Appointment 13 State Appointment 14 BOCC Appointment 15 DSS Board Appointment 16 State Appointment Nancy Smoak Georgette Edgerton Gene Mcintyre Larry Gibson Caroline Sawyer Thomas Stanly County Board of Commissioners STANL)COUNTY Meeting Date: November 6, 2017 5A Presenter: Donna Davis, Utilities Director Watrha4 Lers Sacceat. Consent Agenda Regular Agenda Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD I 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 zoom into: a particular area, ifp possible please attach a copy of the document with the area indicated Please Provide: al Brief Description of your Presentations format: that you need toz zoom into. AI laser lighti is available to pinpoint your: area of projection. *** You can bringi inal laptop that will allow video out to be connected: at the lectern set display to6 60Mhz. for County Employees. ITEM' TO BE CONSIDERED Stanly County Utilities Stanly County Utilities solicited proposals for the installation of a SCADA replacement system toj provide an alarm/alert system and to remotely monitor 29 pump stations, tanks, and lift stations throughout the County. This new system will replace the approximately 20 year-old system currently in use by Utilities. Three hundred thousand dollars of retained earnings has been budgeted for this project. Proposals were received from Custom Controls Unlimited, Inc. (Raleigh, NC), Gopher Utility Services, Inc. (Kannapolis, NC), Lord & Company, Inc. (Fort Mill, SC), Instrumentation Services Inc. (Charlotte, NC), Dorsett Staff recommends the contract not to exceed $272,901.15 be awarded to Lord & Company, Inc. of Fort 1) Award the installation of a SCADA replacement system contract not to exceed $272,901.15 to Technologies (Yadkinville, NC), and Emerson Automation Solutions (Pittsburgh, PA). Mill, South Carolina. Lord & Company, Inc. of] Fort Mill, South Carolina. Signature: Date: October31,2017 Dept.: Utilities Attachments: Yes X Certification of Action Certified to bea true copy oft 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 W 1R.8 8 888 W 19 8 o0 a 6 4 9 1808 188 34 98k W 9 8808 K 00 4:e 1 15 e 9 R s W 5 8 un 8 8 8 s 00 5 W R ;s 9 5 8 s 0 5 1 R u 5 1 8 s - 1 W R ;sn H 9 8 i 1 5 8 un 1 9 9 9 - I 8 s Stanly County Board of Commissioners STANL) COUNTY Meeting Date: November 6, 2017 Presenter: Donna Utilities Davis, 5B Director Wétr A4 Lerds Sareer. 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 of your Presentations format: that your need toz zoomi into. AI laser lighti is availablet to pinpoint your area of projection. *** You can bringi inal laptop that will allow video out to! be connected at thel lectern set display to 60Mhz. for County Employees. ITEM TO BE CONSIDERED Stanly County Utilities Stanly County Utilities has planned and obtained funding for the West Stanly WWTP rehabilitation project. NC DEQ Clean Water SRF has awarded the project $3,058,300.00 in loan funds at 0% interest for a20-year term. The funding is contingent on submission ofa completed funding packet which includes: 1)af funding offer and acceptance form, 2) a standard conditions for federal SRF loans, document, 3)a federal ID and DUNS number request form, 4) a sales-tax reimbursement certification form, 5) a fiscal sustainability plan certification form, 6) a certification regarding real property related to the project, 7)a professional engineering services procurement document, 8) an authorizing resolution, and 9) a capital project ordinance. Request 2) approval of acceptance of the project award and A. the authorizing resolution and B. the revised capital project ordinance. Signature: Date: October31,2017 Dept.: Utilities Attachments: Yes X Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board ofCommissioners on No Review Process Approved Yes No Initials Finance Director County Attorney County Manager Other: Budget Amendment Necessary X Tyler Brummitt, Clerk tot the Board Date STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER INFRASTRUCTURE Funding Offerand Acceptance Legal Name and Address of Award Recipient County of Stanly 1000 N First Street, Suite 10 Albemarle, NC 28001 Drinking Water Wastewater State Revolving Fund (SRF) State Reserve Loan (SRP) State Reserve Grant (SRP) State Emergency Loan (SEL) Asset Inventory & Assessment Grant (AIA) Merger/Regonalization Feasibility Grant (MRF) Project Description: West Stanly' WWTP and Sanitary Sewer Improvements Project Number: Project Number: CFDA Number: CS370834-04 E-SRF-T-17-464 SRF 66.458 Additional Amount for Previous Total Total Offered Funding Increases K $3,058,300 Total Financial Assistance Offer: Total Project Cost: Estimated Closing Fee*: For Loans Principal Forgiveness: Interest Rate: Maximum LoanTerm: $3,058,300 $3,058,300 $ 61,166 $0 0% Per Annum 20 Years *Estimated closing fee calculated. based on grant and! loan amount. Pursuant to North Carolina General Statute 159G: The applicant is eligible under Federal and State law, The project is eligible under Federal and State law, and The project has been approved byt the Department of Environmental Quality as having sufficient priority to receive The Department of Environmental Quality, acting on behalf of the State of North Carolina, hereby offers the financial financial assistance, assistance described in this document. For The State of North Carolina: Kim H. Colson, P.E., Director, Division of Water Infrastructure North Carolina Department of Environmental Quality Hu Signature On Behalf of: Name of Representative in Resolution: Title (Type or Print): olhz Date Stanly County the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF AUTHORIZATION BYTHE/ APPLCANISGOVERNINGI BODy,doherelyacept this Financial Award Offerand will complywith the Assurances and the Standard Conditions. Signature Date STANDARD CONDITIONS FOR FEDERAL SRF LOANS 1. Thet following' "super cross cutters" apply to SRF projects and may bet foundi in the Public Policy Requirements section oft the EPA GeneralTerms and Conditions for each year'sappropriation. This document can bef found at wwwepaRV/oRa/c.tm. Please note that nothing is submittedi to the State's SRF program offices regarding compliance with these items. (a) Title VI of the Civil Rights Act of 1964 (b) Section: 504 of the Rehabilitation Act of 1973 (c) The Age Discrimination Act of 1975 (d) Section 13 of the Federal Water Pollution Control Act Amendments of1972 2. Acquisition ofReal Property must comply with alla applicable provisions of thel Uniform! Relocation and Real Property Acquisition Policies Act of 1970 (PLS 92-646), as amended. The applicant shall certifyt that it has or will have a fee simple ors such other estate or interest int thes site oft the project, including necessarye easementsandi rights-of-way,to assure undisturbed use and possession fort the purpose of construction and operation for the estimated life oft the 3. SpecificMBE/WBE (DBE) forms and instructions are provided that are to be includedi in the contract specifications. These forms will assist with documenting positive efforts made by recipients, their consultants and contractors to utilize disadvantaged businesses enterprises. Such efforts should allow DBES the maximum feasible opportunity to compete for subagreements and subcontracts to be performed. Documentation of efforts made to utilize DBE firms must be maintained by all recipients, and construction contractors, and made 4. Subrecipients shall fully comply with Subpart Cof2CFRF Part 180 entitled, "Responsibilities of Participants Regarding Transactions Doing Business with Other Persons,"a asi implementedands wpemenadb2CRPnIS. Recipient is responsible for ensuringt that any lowert tier covered transaction, as deseribedinSubpartBof2CHRPart 180, entitled CoveredTransactions; includes at term or condition requiring compliance with's SubpartC.Recpentis responsible for further requiring thei inclusion of a similar term or condition in anysubsequent lower tier covered transactions. Subrecipients may access suspension: and debarmenti information at:! htp/wsamgor-Tass system allows subrecipients to perform searches determining whether an entity or individual is excluded from receiving 5. The construction contract(s) requires the contractor to adhere to Davis Bacon and Related Acts Provisions and Procedures as listed in the Code of Federal Regulations Chapter 29 Part 5 Section 5 (29 CFR 5.5). Public Law pertaining to this is also enacted in Title 40, United States Code, Subtitle II Section 31411 through Section 3148. 6, Asrequired by H.R. 3547, "Consolidated Appropriations Act, 2014" Section 436, Division G, Title IV, this project is subject to American Iron and Steel provisions. The State provides detailed requirements to be included in the 7. Section 603(d)(1)(E) oft the Federal Water Pollution Control Act requires subject to develop andi implementaF Fiscal Sustainability Plan (FSP) for projects thati involvet ther repair, replacement or expansionofpubiclyo owned treatment works. Note that FSPS are not required for new treatment works. The certification provided must be submitted 8. Section 602(b)(14) of the Clean Water Act requires projects receiving CWSRF funding to comply with Federal engineering procurement guidelines. The State provides a certification form that must be completed prior to receiving funds for any engineering services covered under this funding offer. prokdtusingacerliation form provided by DEQ. available upon request. Federalassistance. construction contract specifications. regarding compliance with this section of the Act. ASSURANCES 1. The Applicant intends to construct the project or cause it tol be constructedi to final completion in accordance Therecipient: acknowledges thati ini thee eventar milestone contained int ther mostrecent Clean Water State! Revolving Fund Intended Use Plan and/or thel Letter ofintenttoFundi isr missed, Momdsscae with the Application approved for financial assistance byt the Division. rescind this Funding Offer. 2. The Applicant is responsible for paying for the costs ineligible for SRF funding. 3. Theconstruction oft the project, includingi thel letting ofcontractsi in connectioni therewith, conformst tot thea applicable 4. Asoft the acceptance oft this Funding Award Offer, steps A-Di int the SRF Guidance willl be complete. These Assurances, likewise, incorporate the most recent version oft the SRF Guidance, and the Applicanthereby certifies bya accepting this Funding Award Offer thatitwilla adheret tot the subsequent steps in the! SRF Guidance document. Ther remaining steps generally govern project design, bidding, contracting, inspection, reimbursements, closeout and repayment. requirements of State and local laws and ordinances. 5. The Applicant will provide and maintain adequate engineering supervision andi inspection. 6. Therecipient: agrees toe establisha andi maintain: at financialmanagement: system thata adequately: accounts for revenues ande expenditures. Adequate accounting andi fiscal records willl ber maintained during the construction ofthe project and theser records willl be retained andi made available fora aj period ofa at leastt threeyearsfolowinge completion ofthe 7. All SRF funds loaned shall be expended solely for carrying out the approved project, and an audit shall be performed in accordance with G.S. 159-34. Partial disbursements on1 this loan willl ber made promptly upon request, subject to adequate documentation ofi incurred eligible costs, ands subject to the recipient's compliance with the Standard Conditions oft this Award. The Applicant agrees to make prompt payment toi its contractor, and 8. The applicant will expend all oft the requisitioned funds for the purpose of paying the costs of the project within three (3) banking days following the receipt of the funds from the State. Please notel that the State is not a party tot the construction contract(s) and the Applicant is expected to uphold its contract obligations regarding timely project. to retain only such amount as allowed by North Carolina General Statute. payment. Acknowledgement of Standard Conditions and Assurances The Applicant hereby gives assurance to1 the Departmemtoftmw4iommenat Quality that the declarations, assurances, representations, and statements made byt the Applicant in the Application; and all documents, amendments, and communications filed with the Department of Environmental Qualitybyt the Applicant in: support of its request for financial assistançe will be fulfilled. Signature Date Stanly County Utilities Revised Project Ordinance West Stanly WWTP Rehabilitation Project BEI ITORDAINED, by the Stanly County Board of Commissioners that, pursuant to Section 13.2of Chapter 159oft the General Statutes ofNorth Carolina, the following capital project ordinance is hereby SECTION1: The project authorized is the construction and rehabilitation of wastewater infrastructure associated with the West Stanly WWTP and the McCoy Creek Pump Station to be funded by a loan from thel North Carolina Department ofNatural Resources (NCDENR) Clean Water State Revolving Fund SECTION2: The officers and employees of Stanly County Utilities are hereby authorized to proceed adopted: (CW'SRF). with the capital project within the terms ofthe budget contained herein. SECTION3: The following amounts are appropriated for the project: Professional Services Loan Closing and Administration Land Construction $ 375,000 $ 75,000 $ 25,000 $2,583,300 $3,058,300 Section 4: The following revenues are anticipated to be available to complete the project: NC DENR CW SRF $3 3,058,300 SECTION5: The Finance Director is hereby directed to maintain within the capital project fund sufficient detailed accounting records to satisfy the requirements of the grantor agencies and state and SECTION 6: Funds may be advanced from the County general fund for the purpose ofr making payments as due. Reimbursement requests should be made to the appropriate grantor agencies in an SEECTION 7: The Finance Director is hereby directed to report on ac quarterly basis on the financial SECTION8: The finance officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this board. SECTION9: Copies of this capital project ordinance shall be filed with the Clerk to the Board of Directors and the finance officer for future direction in carrying out this project. local regulations. orderly and timely manner. status of each project element in Section 3. Adopted this 6"h day of November 2017. W.D.I Lawhon, Jr., Board Chair Tyler Brummitt, Clerk County of Stanly 1000 North First Street Albemarle, NC 28001 STANLY - COUNTY Water Air Lard, Saccess, Suite 10 NORTH CAROLINA RESOLUTION BY GOVERNING BODY OF APPLICANT WHEREAS, The North Carolina Clean Water Revolving Loan and Grant Act of 1987 has authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and Loan in the amount of $3,058,300 for the rehabilitation of a wastewater treatment plant project described as the West Stanly WWTP and Sanitary Sewer Improvements Project which involves general repairs, replacement and upgrades to existing WWTP processes and facilities including replacement of mechanical equipment for clarifier number 1, return sludge pump station, office/laboratory facilityimprovements: and general process controls upgrades and also involves upgrades and maintenance to the McCoy's Creek pump station to include wet well expansion and general improvements to process water supply system, water conservation projects, and WHEREAS, the North Carolina Department of Environmental Quality has offered a State Revolving controls and plans and specifications,, WHEREAS, The County of Stanly intends to construct said project in accordance with the approved NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF STANLY: That the County of Stanly does hereby accept the State Revolving Loan offer of That the County of Stanly does hereby give assurance to the North Carolina Department of Environmental Quality that all items specified int the loan offer, Section II - Assurances That Andy Lucas, County Manager, and successors sO titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be required in connection with the That the County of Stanly has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. $3,058,300. will be adhered to. application. Adopted this the 6th day of November, 2017 at Albemarle, North Carolina. W.D. Lawhon, Jr. Chairman, Stanly County Board of Commissioners (Date) CERTIFICATION BY RECORDING OFFICER The undersigned duly qualified and acting as Clerk to the Board of Commissioners of Stanly County does hereby certify: That the above/attached resolutioni is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the Stanly County Board of Commissioners duly held on the 6t day of November, 2017; and, further, that such resolution has been fully recorded int the journal of proceedings and records in my office. INWITNESS WHEREOF, I have hereunto set my hand this day of 20 (Signature of Recording Officer) Clerk to the Board of Commissioners, Stanly County, NC (Title of Recording Officer) Revised 07/07/2003 AMENDMENTI NO: 2018-12 STANLY COUNTY-BUDGET AMENDMENT BE IT ORDAINED byt the Stanly County Board of Commissioners that thet following amendment be made To amend the West Stanly WWTP Rehab Project Fund 632, the expenditures are tol be changed as follows: tot the annual budget ordinance for the fiscal year ending June 30, 2018: CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 328,894 $ 46,106 $ 375,000 FUND/DEPART ACCOUNT NUMBER 632.7120 632.7120 632.7120 632.7120 ACCOUNT DESCRIPTION AS 75,000 25,000 2,583,300 NUMBER 190.000 Professional Services 199.101 Closing Costs 570.000 Land 580.000 Construction 75,000 15,000 273,300 10,000 2,310,000 TOTALS 2,648,894 $ 409,406 $ 3,058,300 This budget amendment isj justified as follows: To adjust the budget pert the revised capital project ordinance. This will result in a neti increase $ 409,406 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, thef following revenues will be increased. These revenues have already been received or are verified they will be received int this fiscal year. CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED 2,648,894 $ 409,406 $ 3,058,300 2,648,894 $ 409,406 $ 3,058,300 FUND/DEPART ACCOUNT NUMBER 632.3710 ACCOUNT DESCRIPTION AS NUMBER 330.74 NCI DENR CWSRF TOTALS SECTION:2. Copies of this amendment shall be furnished to the Clerk oft the Board of Commissioners, Budget Officer, andt tot the Finance Director. Adopted this_ day of 20_ Verified by the Clerk oft the Board OpaXDaye Reviewgdpy Department Head KL 1-/-/9 Date 11-/-/7 Date Date Posted by Journal No. Date Reviewed by County Manager 11/1201712:01PM BA2018-12 Stanly County Board of Commissioners STANU)COUNTY Meeting Date: November 6, 2017 Presenter: Donna Davis, Utilities Director 50 Wter An4 LarSaccsr. 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 zoom into: a particular area, if possible please attach a copy oft the document with the: areai indicated Please Provide: a Brief Description ofyour Presentations format: that you need toz zoom into. AI laser lighti is available top pinpoint your area ofp projection. *** You can bringi inal laptop that will allow video out to bec connected att the lectern- set display to6 60Mhz. for County Employees. ITEM TO BE CONSIDERED Stanly County Utilities Stanly County Utilities solicited qualification packages for engineering services for the West Stanly WWTP rehabilitation project. This project requires engineering capacity that specializes in treatment plant construction and rehabilitation. Utilities received proposals from the following firms: LKC Engineering, PLLC (Aberdeen, NC), Willis Engineers ( Charlotte, NC), WK Dickson (Charlotte, NC), McKim & Creed (Charlotte, NC), and RKK, LLP (Raleigh, NC). The project budget includes $275,894 for engineering expenses related to this project. NC DEQ Clean Water SRF has awarded the project $3,058,300.00 in loan Staff recommends the engineering contract not to exceed $275,894 to be awarded to WK Dickson of 1) Award the engineering contract not to exceed $275,894.00 to WK Dickson of Charlotte, NCfor funds. Charlotte, NC. engineering services for the West Stanly WWTP rehabilitation project. Signature: Date: October3 31,2017 Dept.: Utilities Attachments: Yes X Certification of Action Certified to bea 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 X Tyler Brummitt, Clerk to thel Board Date NNm 0o E I 3 4 mm E - 6 5 6 3 5 3 5 3 80 06 86 ids 1as Revised 10/19/2007 Stanly County Board of Commissioners Meeting Date Presenter: November 6, 2017 Andy Lucas, County Manager ITEM TO BE CONSIDERED 4p STANL)COUNTY Watn An Lorl. Saccess, Consent Agenda Regular Agenda Meeting Room Design Proposal The Stanly County Convention and Visitors Bureau (CVB) has proposed the installation of a wall mural behind the Board of Commissioners dais (see attached). The total cost is $1,825. The CVB proposes to split the cost 50/50 with the Board of Commissioners. Review and consider approval of the installation ofthe proposed mural at a cost of approximately $915. Signature: Date: 10/18/2017 Andy Lucas Dept Central Administration Attachments: X Yes Certification of Action Certified to bea 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 thel Board Date Stanly County Board of Commissioners STANIY) COUNTY Meeting Date: November 6, 2017 7 Presenter: Chairman Lawhon Waler An Ler,Sacces, 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: zoom into a particular area, if possible please attach: a copy of the document with the area indicated Please Provide a Brief Description of your Presentations format: that you need toz zoomi into. Al laser lighti is available top pinpoint your area of projection. *** You can bringi ina a laptopt that will: allow video out to be connected at the lectern set display to6 60Mhz. for County Employees. ITEM TO BE CONSIDERED CONSENT AGENDA A.N Minutes - Regular meeting of October 16, 2017. B. Health Dept. - Request approval of budget amendment # 2018-11. C. Finance - Request approval of the vehicle tax refunds for October 2017. D. Central Admin. - Request approval of the enclosed vehicle lease & fleet management contract. Request approval of the above items as presented. Signature: Date: Dept. Attachments: Yes 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 to the Board Date 1A STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES OCTOBER16, 2017 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 CALLTO ORDER The Stanly County Board of Commissioners (the "Board") met in regular session on Monday, October 16, 2017 in the Commissioners Meeting Room, Stanly Commons. Chairman Lawhon called the meeting to order at 7:04 p.m. with Commissioner Efird giving the invocation and leading the pledge of allegiance. APPROVAL/ADIUSTMENTS TO THE AGENDA With no amendments to the agenda, Vice Chairman Burleson moved to approve it as presented. Commissioner Mcintyre seconded the motion which passed by unanimous vote. TEM#1-SCUSATRANSPORTATION SERVICES = FY2 2018 -19 COMMUNITY TRANSPORTATION PROGRAM APPLICATION Presenter: Candice Moffitt, Transit Director Ms. Moffitt provided al brief overview of the request noting SCUSA's intent to apply for FY2 2018- 19 CTP funds in the estimated amount of $454,972 with a required local match of 15% or Administrative Funds: Estimated at $234,002 with a 15% local match estimated at $35,101 will be used to fund three (3) full-time and one. (1) part-time position, vehicle insurance, $57,198. Ifreceived, the funds will be used for the following: drug testing, daily office operations, etc. Page1of5 Capital Funds: Estimated at $220,970 with a 10% local match estimated to be $22,097 will be used for four (4) replacement vehicles, agency lettering, bicycle rack, 14 mobile Bluetooth adaptors for the new radio system, three (3) PC's per replacement plan as recommended by the It was requested the Board hold the required public hearing, approve the resolution to apply for, receive and have the funds administered by the Transportation Services Department, and authorize the County Manager to execute the CTP 5311 application as well as any other related After a brief period of questions, Chairman Lawhon declared the public hearing open. With no Commissioner Swain moved to approve the application, associated resolution, and authorize the County Manager to execute the application and other related documents as requested. Commissioner Lowder seconded the motion which passed by unanimous vote. ITD Department. documents. one coming forward to speak for or against, the hearing was closed. See Exhibit A FY2019 RESOLUTION Public Transportation Program Resolution TEM#2-MONARCH = FY 2018-19 COMMUNITY TRANSPORTATION PROGRAM APPLICATION Ms. Weaver noted Monarch's intent to apply for the NCDOT Consolidated Capital Projects Grant for FY 2018-19 as well. If received, the funds will be used to support transportation costs fori individuals with intellectual and developmental disabilities that use public transportation as their primary means of getting to and from Monarch's day programs. As part of Monarch's application process, it was requested the Board hold the required public hearing to receive Presenter: Laurie Weaver, Senior Director of Philanthropy for Monarch comments on the grant application. Chairman Lawhon declared the public hearing open. With no one coming forward to speak for ora against the hearing was closed. No further action was required. ITEM # 3- SENIOR SERVICES - FY 2018-19 COMMUNITY TRANSPORTATION PROGRAM APPLICATION Presenter: Becky Weemhoff, Senior Services Director Ms. Weemhoff was also in attendance to request Board approval to apply for the FY 2018-19 NCDOT Transportation grant. Senior Services intends to apply for $60,000 in order to continue to provide transportation services for seniors. Of the total amount, $54,000 is federal and state funds with the remaining $6,000 coming from Home and Community Care Block Grant funds. It Page 2of5 was requested the Board hold the required public hearing to receive comments on the grant application and approve Senior Services' application to apply for and receive these funds. With no questions from the Board, Chairman Lawhon declared the public hearing open. With Commissioner Mcintyre moved to approve the application and was seconded by Vice Chairman no one coming forward to speak, the hearing was closed. Burleson. The motion carried by a7-Ovote. See Exhibit B State Funds FY 2019 Resolution HUMAN SERVICE AGENCYTRANSPORTATION RESOLUTION ITEM 1#4- CENTRALINA COUNCIL OF GOVERNMENTS CCOG)-RESOLUTION OF SUPPORT FOR THE NCDOT FY: 2018-19 COMMUNITY TRANSPORTATION SERVICES GRANT APPLICATION For Board consideration, the County Manager presented a resolution of support for CCOG's application to NCDOT for the Community Transportation Services Grant. If received, these funds will be used to implement a mobility management agency and to initiate volunteer Presenter: Andy Lucas, County Manager transportation services for the nine-county region. With no questions from the Board, Commissioner Efird moved to approve the resolution as presented. The motion was seconded by Vice Chairman Burleson and passed by unanimous vote. See Exhibit C Resolution of Support For NCDOT FY19 Grant Application Centralina Mobility Management & Volunteer Transportation Services TEM#S-PARTNERSHIP FOR CHILDREN PRESENTATION Presenter: Tammy Albertson, Executive Director Ms. Albertson thanked Chairman Lawhon for the invitation to come and give a brief presentation on the programs and services offered by Partnership for Children. She began by stating that Partnership's mission is to support the development of children and families through community based programs which focus on health, family support services and a quality early education to ensure all children enter school ready to succeed in life. The programs and services offered are designed to meet the needs of children from birth to age five. Several of the programs noted include child care referral, the Dolly Parton Imagination Page 3of5 issued during the same time period last year for a total dollar value of $22,910,000 which shows how the county'seconomy continues to improve. ADJOURN With no further discussion, Commissioner Efird moved to adjourn the meeting which was seconded by Vice Chairman Burleson. The motion carried unanimously at 7:45 p.m. W.D. Lawhon, Jr., Chairman Tyler Brummitt, Clerk Page 5of5 Revised 02/05/2001 STANLDC COUNTY Stanly County Board of Commissioners Water. Ain Lard, Saccans, Meeting Date: November 6 2017 Dennis R. Joyner, Health Director ENTOBECONSIDARED IB Consent Agenda Regular Agenda Presenter: The Stanly County Health Department has received $51,250 in additional State funding from the Division of] Public Health to support diabetes education and self- management. The North Carolina Diabetes Education Recognition Program builds the capacity ofl local health departments to improve the tracking of diabetes self-management data and manage diabetes and other chronic disease data more efficiently through electronic health records. This activity will benefit some oft the most vulnerable populations served by the department. Request acceptance of funding in the amount of$51,250 from the NC Division of Public Health and appropriation oft the funds to the Health Department's) FY17-18 budget. Signature: LA Date: rs/31li7 Dept: Public Health Attachments: yes Certification of Action Certified to be: a 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 thel Board Date Revised 07/07/2003 AMENDMENT NO: 2018-11 STANLY COUNTY-BUDGET AMENDMENT BE IT ORDAINED by the Stanly County Board of Commissioners that thet following amendment be made tot the annual budget ordinance for thet fiscal year ending June 30, 2018: To amend the General Fund 110, the expenditures are to be changed as follows: CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED FUND/DEPART ACCOUNT NUMBER 110.5110 110.5110 110.5110 110.5110 110.5110 110.5110 110.5110 110.5110 ACCOUNT DESCRIPTION AS 121,206 112,588 344,453 39,000 12,000 6,700 2,782 NUMBER 121.000 Salaries & Wages-Regular $ 1,523,266 $ 29,303 $ 1,552,569 181.000 FICA/Medicare Tax 182.000 Retirement Expense 183.000 Health/Dental Insurance 230.000 Educ/Medical Supplies 260.000 Office Supplies 291.000 Datal Processing Supplies 325.000 Postage 118,964 110,463 337,855 35,000 8,000 4,000 2,500 2,242 2,125 6,598 4,000 4,000 2,700 282 TOTALS 2,140,048 $ 51,250 $ 2,191,298 This budget amendment is justified as follows: This will result in a neti increase Tol budget additional funds from NC Div of Public Health for diabetes self-management program support. budget. To provide the additional revenue for the above, thet following revenues will be increased. These revenues have already been received or are verified they will be received in this fiscal year. $ 51,250 in expenditures and other financial use to the County's annual CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED FUND/DEPART ACCOUNT NUMBER 110.3500 ACCOUNT DESCRIPTION AS NUMBER 330.10 Health & Human Services $ 728,277 $ 51,250 $ 779,527 TOTALS 728,277 $ 51,250 $ 779,527 SECTION2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners, Budget Officer, and tot the Finance Director. Adopted this_ day of 20_ Verified by the Clerk oft the Board_ 3 R 1shiliz Date 10-31-/7 Date Date Head Posted by Journal No. Date Reviewed by County Manager 10/31/20171:49PM. BA2018-11 Stanly County Board of Commissioners STANL)COUNTY Meeting Date: November 6, 2017 Presenter: TC Consent KatrAhlads Sacuer. Consent Agenda Regular Agenda Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD L 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 uset thel Document Camera and zoom into aj particular area, if possible please attachac copy of the document with the areai indicated Please Provide al Brief Description ofy your Presentations format:_ that you need toz zoomi into. Al laser light isa available to pinpoint your area of projection. *** You can! bringi inal laptop that will allow video out to be connected: at thel lectern- set display to6 60Mhz. for County Employees. ITEM TOBEC CONSIDERED Please see the attached October 2017 refund report from the North Carolina Vehicle Tax System for taxpayers due vehicle refunds over $100 which requires Board ofCommissioners approval. Consider and approve the attached vehicle tax refunds. Signature: Toby R. Hinson Date: 11/1/17 Dept. Finance Attachments: Yes Certification of Action Certified to beat true oft the action taken copy County Board of Commissioners on No Review Process Approved Yes No Initials Director Finance Budget Amendment Necessary County Attorney County Manager Other: by the Stanly Tyler Brummitt, Clerk tot the Board Date AA Ap de A AA AA AA 588 588 5i 5 58 656 5e 5e iye 60 Revised 10/19/2007 Stanly County Board of Commissioners Meeting Date November 6, 2017 AndyI Lucas, County Manager ITEM' TO BE CONSIDERED BD Consent Agenda Regular Agenda STANL)COUNTY Watn An Lonl Saest. Presenter: Vehicle Lease and Fleet Management Contract The Board voted to pilot aj program to better manage the maintenance and life cycle costs of vehicles via Staff contacted three (3) fleet management companies to ascertain their interest in working with the County. Staff contacted ARI, Merchants and Enterprise. ARI and Enterprise requested bid specifications (see attached RFP). Enterprise was the only company to submit a response to the RFP. Attached please find the fleet management and vehicle lease contract with Enterprise Fleet Management. The total cost for the vehicle lease and maintenance is included in the FY 2017-2018 adopted budget. Review and consider approving the fleet management and vehicle lease contract with Enterprise Fleet ar newi fleet management plan as part oft the FY 2017-2018 budget. Management. Signature: Date: Andy Lucas 10/30/2017 Dept Central Administration Attachments: X Yes Certification of Action Certified to bea at true copy ofthea 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 MASTER EQUITYI LEASE. AGREEMENT This Master Equity Lease Agreement is entered into this day of October, 2017, by and between Enterprise FM Trust, a Delaware statutory 1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a "Vehicle" and collectively, the" Vehicles") described int the schedules from time tot time delivered by! Lessor tol Lessee as setf forth! below "Schedule(s)) for the rentals and on the terms set forth in this Agreement and in the applicable Schedule. References to this "Agreement" shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement. Lessor will, on or about the date of delivery of each Vehicle tol Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description oft the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding onl Lessee unless Lessee objects inv writing to such Schedule withint ten (10) days after the date of delivery oft the Vehicle covered by such Schedule. Lessor is the sole legal owner ofe each' Vehicle. This Agreement is al lease only and Lessee willl have nor right, title ori interesti in or to the' Vehicles exceptf for the use oft the Vehicles as described int this Agreement. This Agreement shall bet treated as a true leasef forf federal and applicable state income tax purposes with Lessor having all benefits of ownership oft the Vehicles. Iti is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, "Servicer") may administer this Agreement on behalf of 2. TERM: The term oft this Agreement ("Term") for each Vehicle begins on the date such Vehicle is delivered to Lessee (the "Delivery Date") and, unless terminated earlier ina accordance with thet terms oft this Agreement, continues for the' "Lease Term" as described int the applicable Schedule. (a) Lessee agrees top pay Lessor monthly rental and other payments accordingt tot the Schedules and this Agreement. The monthly payments will be in the amount listed as the "Total Monthly Rental Including Additional Services" on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance ont the first day ofe each month. Ifa Vehiclei is delivered to Lessee ona any day other than the first day ofar month, monthly rental payments will begin ont thet first day oft ther next month. In addition to the monthly rentalp payments, Lessee agreest to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. Ap portion ofe each monthly rental payment, being, the amount designated as Depreciation Reserve" on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price oft the' Vehicle for purposes of computingt the Book Value oft the Vehicle under Section 3(c). Lessee agrees to pay Lessor the "Total Initial Charges" set forth in each Schedule on the due date oft the first monthly rental payment under such Schedule. Lessee agrees to pay! Lessor the "Service Charge Due atl Lease Termination" set forth ine each Schedule att the end of the applicable Term (b) Int the event the Term for any Vehicle ends prior tot the last day oft the scheduled' Term, whether as a result ofa a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the (c)Lessee agreest top pay Lessor withint thirty (30) days after the end oft the Termf for each' Vehicle, additional rent equal tot the excess, if any, oft the Book Value ofs such' Vehicle over the greater of () the wholesale value of such Vehicle as determined by Lessori in goodf faith or () except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth int the applicable Schedule. Ift the Book Value of such' Vehicle isl less than the greater of ()t the wholesale value ofs such Vehicle as determined by! Lessori ing good faith or (i) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth int the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the applicable Term. Notwithstanding: the foregoing, if()t the Term for a Vehicle is greater than forty- eight (48) months (including any extension oft the Term for such Vehicle), (i) the mileage on a Vehicle at the end oft the Termi is greater than 15,000 miles per year on average (prorated ona a daily basis) (i.e., ift the mileage on a Vehicle with a Term oft thirty-six (36) months is greater than 45,000 miles) or (ii) in the solej judgment ofl Lessor, a' Vehicle has been subject to damage or any abnormal ore excessive wear andt tear, the calculations described in thet twoi immediately precedings sentences shall ber made without giving effect to clause (i)i ine eachs such sentence. The "Book' Value" ofa Vehicler means the sum of (). the Delivered Price" of the Vehicle as set forth in the applicable Schedule minus (i) the total Depreciation Reserve paid by Lessee to Lessor withr respect tos such Vehicle plus (ii) all accrued and unpaid rent and/or other amounts owed by! Lessee with respect tos such' Vehicle. (d) Anys security deposit ofL Lessee will ber returned to Lessee att the end oft the applicable Term, except that the deposit will first be applied to any losses and/or damages suffered by! Lessor as a result ofL Lessee's breach of or default under this Agreement and/or to any other amounts then owedb by (e) Any rental payment or other amount owed by Lessee tol Lessor whichi is not paid withint twenty (20) days after its due date will accruei interest, payable on demand ofLessor, from the date due until paidi in full atar rate per annum equal to thel lesser of () Eighteen Percent (18%) per annum or (). (f) IfL Lessee fails to pay any. amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, ati its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in (g) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made ini immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless oft the cause or consequence nor any breach! by Enterprise Fleet Management, Inc. of anyr maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any ofi its 4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, alll laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that inr noe event will any Vehicle be used or operated for transporting! hazardous substances or persons for hire, for any illegal purpose or top pull trailers that exceed the manufacturer's trailert towing recommendations. Lessee agrees that no Vehicle isi intended tob be orv will be utilized as a "school bus" as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not tor remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each' Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee ati its risk ande expense agrees tor return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails tor return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated dailyr rent. Acceptance ofs such additional rent by Lessor willi in nov wayl limit Lessor's remedies with respect tol Lessee'sf failure tor return trust ("Lessor"), and thel lessee whose name and address iss set forth on the signature page below(Lessee). Lessor and may perform the service functions herein provided tob be performed by Lessor. 3. RENT AND OTHER CHARGES: (whether by reason ofe expiration, earlyt termination or otherwise).. adjusted amounty will be payable byl Lesseet tol Lessor on thet termination date. Lessee tol Lessor. the highest rate permitted by applicable law (the." Default Rate"). connection therewith will ber repayable by! Lessee tol Lessor upon demand together withi interest thereon att the Default Rate. obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement. any' Vehicle as required hereunder. 5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal ands state income taxes ont thei income ofL Lessor) incurred in connection with thet titling, registration, delivery, purchase, sale, rental, use or operation of the Vehicles during the Term. IfLessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to 6. LICENSE AND CHARGES: Each Vehicle will be titled and licensed in the name designated by! Lessor atl Lessee's expense. Certain other charges relating tot the acquisition ofe each' Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as ani initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit 7. REGISTRATION PLATES, ETC.: Lessee agrees, ati its expense, to obtaini in the name designated byl Lessor allr registration plates and other plates, permits, inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee's expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions oft this Section or any federal, state orl local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle tob bel locatedi inas state other than the state inv which such Vehicle is then titled for any continuous period oft time that would require such' Vehicle (a) Lessee agrees, ati its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and ina accordance with all manufacturer's instructions andy warranty requirements and alll legal requirements and (i) furnish alll labor, materials, parts and other essentials required for the proper operation and maintenance oft the Vehicles. Any alterations, additions, replacement parts ori improvements to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4. Notwithstanding the foregoing, sol long as no Event of Default has occurred and is continuing, Lessee shall have the right tor remove any additional equipment installed byl Lessee ona Vehicle prior tor returning such Vehicle tol Lessor under Section 4. The value of such alterations, additions, replacement parts andi improvements willi in noi instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in (b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, () the' Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (i) Lessor shall have no liability orr responsibility for any failure of Enterprise Fleet Management, Inc. top perform any ofi its obligations thereunder or to pay or reimburse Lessee (a) LESSEE ACCEPTANCE OF DELIVERY. AND USE OF EACH VEHICLE WILL CONCLUSIVELYI ESTABLISH1 THAT SUCHVEHICLE IS OFA SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR ANDI IS SATISFACTORYI IN ALL RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR (b). LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS ORI IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION: OR WARRANTY. AS TO CONDITION, MERCHANTABILITY ORI FITNESS FOR ANY PARTICULAR PURPOSE, ITE BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BYI LESSEE. THE VEHICLES ARE LEASED "AS IS," "WITH ALL FAULTS." All warranties made by any supplier, vendor and/or manufacturer of a' Vehicle are hereby assigned by Lessort tol Lessee for the (c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) ore expense of any kind or nature, caused directly ori indirectly, by any Vehicle or any inadequacy of any Vehicle for any! purpose or any defect (latent or patent) in any Vehicle ort the use or maintenance ofa any Vehicle or any repair, servicing or adjustment of or to any' Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee ifLessori is unable tol locate or purchase a' Vehicle ordered by Lessee orf for any 10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk ofl loss of, theft of, damage to or destruction ofa any Vehicle from any cause whatsoever ("Casualty Occurrence"). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will placet the applicable Vehiclei in good repair, condition and working order; provided, however, that ift the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a "Totaled" Vehicle"), Lessee agrees top pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect tos such Totaled' Vehicle. (a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, tob be written by ani insurance company or companies satisfactory tol Lessor, insuring Lessee, Lessor and any other person ore entity designated () Commercial, Automobile Liability Insurance (including Uninsuredundernsured Motorist Coverage and No-Fault Protection where required by! law) for the limits listed below (Note $2,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for promptly reimburse Lessor for the same. attributable to any Lessor-owned vehicle. tob become subject tot the titling andlor registration laws ofs such other state. 8.N MAINTENANCE OF ANDI MPROVEMENTS TO VEHICLES: connection with any Vehicle ort this Agreement. fori its payment of any costs and expenses incurredi inc connection with the maintenance orr repair ofa any such' Vehicle(s). ISNOT AI MANUFACTURER OF ANY VEHICLE OR AN AGENT OF AI MANUFACTURER OF ANY VEHICLE. applicable Term and Lessee's only remedy, ifany, is against the supplier, vendor or manufacturer oft the Vehicle. 9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES: delayi inc delivery ofa any Vehicle ordered by Lessee. Upon such payment, this Agreement will terminate with respect tos such Totaled' Vehicle. 11. INSURANCE: by! Lessor against any damage, claim, suit, action orl liability: each) Vehicle capable oft transporting more than 8 passengers): State of Vehicle Registration Coverage Connecticut, Massachusetts, Maine, New Hampshire, New $1,000,000 Combined Single Limit Bodily Injury and Property Jersey, New' York, Pennsylvania, Rhode Island, and' Vermont Damage No Deductible Florida $500,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage 100/300/50) No $300,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) No Deductible Deductible AII Other States (i) Physical Damage Insurance (Collision & Comprehensive) Actual cash value oft the applicable Vehicle. Maximum deductible of$ $500 per occurrence Collision and $250 per occurrence Comprehensive). Ift the requirements of any governmental orr regulatory agency exceed the minimums statedi int this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy ofi insurance will by appropriate endorsement or otherwise name Lessor and any other person ore entity designated by! Lessor as additionali insureds and loss payees, as their respective interests may appear. Further, each suchi insurance policy must provide the following: (1) that the same may not be cancelled, changed or modified until after the insurer has given tol Lessor, Servicer and any other person or entity designated by Lessor atl least thirly (30) days prior written notice of such proposed cancellation, change or modification, (i)t that no act or defauit ofl Lessee or any other person or entity shall affect the right ofl Lessor, Servicer, any other agent ofl Lessor or any of their respective successors or assigns to recover under such policy or policies ofi insurance in the event of any loss of or damage to any Vehicle and (ii)t that the coverage is "primary coverage" for the protection ofl Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any other agent ofl Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent ofl Lessor and any other person or entity designated by Lessor as additional insureds andl loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney-in-lact to receive payment of, to endorse all checks and other documents and tot take any other actions neçessary to pursue insurance claims and recover payments if Lessee fails to dos so. Anye expense ofL Lessor, Servicer ora any other agent ofLessor ina adjusting ord collecting insurance shall beb borne byl Lessee. Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation, defense and prosecution of all claims or suits arising from the use or operation ofa any Vehicle. If any claim is made or action commenced" for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify! Lessor of such action or claim and forward tol Lessor a copy of every demand, notice, summons or other process receivedi in connection with such claim ora action. (b) Notwithstanding the provisions of Section 11(a) above: () if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A)Lessee will not ber required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a)f fort the Vehicle(s) covered bys such Schedule and (B) Lessor will assume the risk ofp physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered' Vehicle by Lessee without the prior written consent ofLessor and/or damage to orl loss of any property andlor personal effects contained in a covered' Vehicle. Int the event ofa Casualty Occurrence toa a covered' Vehicle, Lessor may, ati its option, replace, rather than repair, the damaged Vehicle with an equivalent vehile, which replacement vehicle will then constitute the "Vehicle" for purposes of this Agreement; and (i)i if Section 4 ofa Schedulei includes a charge for commercial automobile liability enrollment, Lessor agrees thati itwill, ati its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial. automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the' Vehicle(s) covered by such Schedule. Lessor may ata anyt time during the appliçable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enroliment and cancel such physical damage waiver andlor commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as setf forthi in 11(a) shall be obtained and maintained by Lessee atl Lessee's expense. An adjustment will be madei inr monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof ofi insurance coverage within ten (10) days after mailing of the notice. in addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or 12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable. attorneys" fees and expenses) which Lessor, Servicer, any other agent ofl Lessor or any oft their respective successors or assigns may incur by reason of Lessee's breach or violation of, orf failure to observe or perform, any term, provision or covenant oft this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of ori ino connection with the use, operation or condition of any' Vehicle. The provisions oft this Section 12 shall survive any expiration or termination oft this Agreement. Nothing herein shall be deemed to affect the rights, privileges, andi immunities ofl Lessee and the foregoingi indemnity provision is noti intended to be a waiver of any sovereigni immunity afforded 13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any oft their respective successors or assigns will have the right toi inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms andi ins such manner as directed by Lessor. Providing false information orf failure to complete the odometer disciosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financiali information regarding Lessee as Lessor may from time tot time reasonably request. 14. DEFAULT; REMEDIES: The following shall constitute events of default ("Events of Default") by Lessee undert this Agreement: (a)i ifLessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) ifLessee fails to perform, keep or observe any term, provision or covenant contained in Section 11 of this Agreement; (c)i ifLessee fails top perform, keep or observe any other term, provision or covenant contained int this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereofi is given by Lessor, Servicer or any other agent ofl Lessor tol Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other thana a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) ifa any present or future guaranty inf favor of Lessor of all ora any portion oft the obligations ofL Lessee undert this Agreement shall ata any time for any reason ceaset tol bei inf fullf force and effecto or shall be declared to be null and void by a court of competent jurisdiction, orift the validity ore enforceability of anys such guaranty shall be contested or denied by any guarantor, ori if anys guarantor shall denyt thati it, hec ors she! has any further liability or obligation under any such guaranty ori if any guarantor shall fail to comply with or observe any oft the terms, provisions or conditions contained in any such guaranty; (f)t the occurrence ofa material adverse changei int the financial condition or business ofl Lessee or any guarantor; or (g) ifl Lessee or any guarantor is in default under orf fails to comply with any other present orf future agreement with ori inf favor ofl Lessor, The Crawford Group, Inc. or any direct ori indirect subsidiary of The Crawford Group, Inc.. For purposes of this Section 14, the term' guarantor" shall mean any present orf future guarantor of all or any portion oft thec obligations ofL Lessee under this Agreement. Upon the occurrence of any Event of Default, Lessor, without notice tol Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all oft the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession oft the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent ofLessor and any of Lessor's independent contractors shall have the right to enter upona any premises where the' Vehiçles may bel located and tor remove andr repossess the Vehicles; (b) Lessor maye enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent ofl Lessor or any oft their respective successors or assigns byr reason ofl Lessee's default including, tot the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent ofl Lessor or any oft their respective successors or assigns in attempting ore effecting enforcement of Lessor's rights under this Agreement (whether or notl litigation is commenced) and/or in connection with bankruptcy ori insolvency proceedings; (d) upony written nolice tol Lessee, Lessor may terminate Lessee's rights commercial: automobile liability enrollment upon giving Lessee atl least thirty (30) days priory written notice. toLessee pursuant tot the law. under this Agreement; (e) with respect to each' Vehicle, Lessor may recover from Lessee alla amounts owed by Lessee under Sections 3(b)a and 3(c)of this Agreement (and, ifLessor does not recover possession ofa Vehicle, () the estimated wholesale value ofs such Vehicle for purposes of Section 3(c) shall be deemed tob be $0.00 and (ii)t the calculations described int the firstt twos sentences of Section: 3(c) shall ber madey without giving effect to clause (i) in each such sentence); andlor (f)L Lessor may exercise any other right or remedy which may be available tol Lessor under the Uniform Commercial Code, any other applicable law ori ine equity. At termination oft this Agreement shall occur only upon written notice byl Lessor tol Lessee. Anyt termination shall not affect Lessee's obligation top pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any 15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all ofi its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement top pay alls such amounts tos such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights ord obligations ofl Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and interest in and to the' Vehicles are and will continue ata allt times tob bes subject and subordinate in all respects to any assignment, pledge ort transfer now or hereafter executed by Lessor with ori in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles sol long as no Event of Default under this Agreement has occurred andi is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee ort transferee in and to any amounts payable by the Lessee under any provisions oft this Agreement shall be absolute and unconditional and shall not bes subjectt to any abatement whatsoever, ort to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason ofa any damage toc orl loss ord destruction ofa any Vehicle orb by reason ofa any defecti inc orf failure oft title oft thel Lessor ori interruption from whatsoever causei int the use, operation orp possession of any' Vehicle, or byr reason of anyi indebtedness orl liability howsoever: and whenever: arising oft thel Lessor ora any ofit its affiliates tot thel Lessee Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any) Vehicle, or anyi interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any' Vehicle to be subject to any lien, charge or encumbrance. Lessee's interest int this Agreement is not assignable and cannot be assigned ort transferred by operation ofl law. Lessee will not transfer orr relinquish possession of any Vehicle (except fort the sole purpose ofr repair or service of such' Vehicle) withoutt the prior written consent ofL Lessor. 16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed tol have waived any ofi its rights or remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed! by Lessor andt then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as al bar to any right or remedy, which Lessor would otherwise have ona any future occasion. Ifany term or provision oft this Agreement or any application ofa any such term orp provision is invalid or unenforceable, the remainder oft this Agreement anda any other application ofs such term or provision will not be affected thereby. Giving ofa all notices under this Agreement will be sufficient if mailed by certified mail to a party ati its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee's address. This Agreement may be executed inr multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked ORIGINAL" byl Lessor will be the original lease for purposes of applicable law. All oft the representations, warranties, covenants, agreements and obligations ofe each Lessee under this Agreement (if 17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject tot the provisions of Section 15, this Agreement will be binding upon Lessee andi its heirs, executors, personal representatives, successors and assigns, and willi inure tot the benefit ofLessor, Servicer, any other agent ofl Lessor andt their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of 18. NON-PETITION: Each party hereto hereby covenants and agrees that, priort tot the date which is one year and one day after paymenti inf fullo ofall indebtedness ofl Lessor, it shall noti institute against, orj join any other person ini instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws oft the United States or any state oft the United States. The provisions 19. NON-APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lesseei is a municipal corporation, is precluded by the County or State Constitution: and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing int this Agreement shall constitute an obligation off futurel legislative bodies oft the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation off funds. The parties further agreet that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day oft termination. In addition, Lessor reserves the rightt to be paidf for any reasonable damages. These reasonable damages will bel limited to the losses incurred byt the Lessor for having to sell the vehicles ont the open used car market prior tot the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement). INWITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity! Lease Agreement as oft the daya and yearf first above written. indemnities undert this Agreement. All remedies ofl Lessor under this Agreement or atl law ori ine equity are cumulative. ortoa any other person ore entity, orf fora any other reason. more than one) arej jointa ands several. Missouri (determined without reference to conflict ofl law principles). oft this Section 18 shall survive termination oft this Master Equity Lease Agreement. LESSEE: Stanly County LESSOR: Enterprise FM Trust By: Enterprise Fleet Management, Inc., its attorney inf fact By: Title: Address: Date Signed: By: Title: Address: Date Signed AMENDMENT TO MASTER EQUITY LEASE AGREEMENT THIS AMENDMENT ("Amendment') dated this day of October, 2017 is attached to, and made a part of, the MASTER EQUITY LEASE AGREEMENT entered into on the day of October, 2017 ("Agreement") by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor") and Stanly County, a body politic and corporate of the State of North Carolina ("Lessee"). This Amendment is made for good and valuable consideration, (c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of () the wholesale value of such Vehicle as determined by Lessori in goodf faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of () the wholesale value of such Vehicle as determined by Lessor in good faith or (i) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the applicable Term. Notwithstanding the foregoing, if (i) the Term for a' Vehicle is greater than forty-eight (48) months (including any extension of the Term for such Vehicle), (i) the mileage on a Vehicle at the end oft the Termi is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (ii) in the sole, reasonable judgment ofl Lessor based on third party sources such as Black Book, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (i) in each such sentence. The "Book Value" of a Vehicle means the sum of (i) the' "Delivered Price" of the Vehicle as set forth in the applicable Schedule minus (i). the total Depreciation Reserve paid by Lessee to Lessor with respect to such' Vehicle plus (ii) all accrued and unpaid rent and/or other amounts owed by Lessee with respect Section 3(g) of the Master Equity Lease Agreement is amended to add the following additional paragraph: In the event Lessee notifies Lessor of any claim or dispute under this Agreement, and/or any claim involving the Vehicle, Lessor will, in good faith, attempt to resolve the Lessee's claims in ar manner satisfactory to all parties and Lessor will provide commercially reasonable assistance to Lessee in any communications and/or negotiations with ther receipt of whichi is hereby acknowledged byt the parties. Section 3(c) of the Master Equity Lease Agreement is amended to read as follows: tos such Vehicle. the Vehicle's manufacturer with respect to claims relating to such Vehicle. Section 4 of the Master Equity Lease Agreement is amended tor read as follows: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that inr no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for anyi illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a "school bus" as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee ati its risk and expense agrees to return such' Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. Iff for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at the normal pro-rated daily rent. Acceptance of such additional rent by Lessor will in no wayl limit Lessor's remedies with respect tol Lessee's failure to return any' Vehicle Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or operation oft the Vehicles during the Term. IfLessor, Servicer or any other agent ofL Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same, to the extent permitted by as required hereunder. Section 5 of the Master Equity Lease Agreement is amended to read as follows: applicable law. Section 6 of the Master Equity Lease Agreement is amended tor read as follows: Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee's expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as ani initial charge or otherwise charged to Lessee, to the extent permitted by applicable law. Such charges have been determined without reduction for trade-in, exchange allowance or other (a) Lessee agrees, ati its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all manufacturer's instructions and warranty requirements and all legal requirements and (i) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement parts or improvements to a' Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4. Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any' Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to maintain or repair any" Vehicle or tor make any expenditure whatsoever in Lessee assumes and agrees to bear the entire risk ofl loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever ("Casualty Occurrence'). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a "Totaled Vehicle"), Lessee agrees to pay Lessor no later than the date forty-five (45) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Section 11(a) (i), first paragraph, oft the Master Equity Lease Agreement is amended tor read as follows: (i) Physical Damage Insurance (Collision & Comprehensive) Actual cash value of the applicable Vehicle. Maximum deductible of$1,000 per occurrence Collision and $1,000 per occurrence Comprehensive). Section 11(a), second paragraph, of the! Master Equity! Lease Agreement is amended to read as follows: If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance willl by appropriate endorsement or otherwise name Lessor and any other affiliate designated byl Lessor as loss payees, as their respective interests may appear. Lessee shall notify Lessor in writing, at least thirty (30) days in advance, of any cancellations or material modification of the required insurance policies. Further, each such insurance policy must provide the following: (1) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any affiliate ofL Lessor or any oft their respective successors or assigns tor recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (ii) that the coverage is "primary coverage" for the protection of Lessee, Lessor, Serviçer, any affiliate of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer, any affiliate of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor and any affiliate of Lessor as loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any affiliate of Lessor as Lessee's attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do SO. Any expense of Lessor, Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee, to the Lessee agrees to accomplish, ati its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have ther right toi inspect any' Vehicle at any reasonable time(s) upon prior written notice and during regular business credit attributable to any! Lessor-owned vehicle. Section 8(a) oft the Master Equity Lease Agreement is amended to read as follows: connection with any Vehicle or this Agreement. Section 10 of the Master Equity Lease Agreement is amended to read as follows: Totaled Vehicle. extent permitted by applicable law. Section 13 of the! Master Equity! Lease Agreement is amended to read as follows: hours during the Term and for this purpose to enter into or upon any building or place where any' Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information Section 14(a), first paragraph oft the Master Equity Lease Agreement is amended to read ast follows: (a) ifLessee fails to pay. when due any rent or other amount due under this Agreement and any such failure shall Section 14(9), first paragraph of the Master Equity Lease Agreement is amended to read as follows: (g) ifLessee or any guarantor is in default under orf fails to comply with any other present or future agreement with or in' favor of Lessor, The Crawford Group, Inc. (Lessor's parent company) or any direct or indirect subsidiary of The Section 14, first sentence, second paragraph oft the! Master Equity Lease Agreement is amended to read as follows: Upon the occurrence of any Event of Defauit, Lessor, with written notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: Section 14, second paragraph, of the Master Equity Lease Agreement is amended to add the following additional Termination: Lessee reserves the right to cancel this Agreement for any reason at all upon thirty (30) days prior written notice tol Lessor. In the event of such termination, Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination in accordance with Section 3(b) and 3(c) of the Master Equity Lease Agreement. Additionally, termination should not affect Lessee's obligation to pay any indemnities under this Int the event that Lessor fails to perform in a satisfactory manner its obligation under this Agreement or a Schedule hereunder, Lessee may, in addition to any other remedy available at law or equity, provide Lessor with written notice of Lessee's intent to terminate the Schedule or portion of the Schedule directly related to Lessor's breach or non- performance. Such termination shall take effect automatically unless Lessor cures the breach or non-performance within three (3) business days of receipt of Lessee's notice, with no penalties or additional charges incurred by Section 15, first paragraph, oft the Master Equity Lease Agreement is amended tor read as follows: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessor will provide written notification in the event of a non-financial assignment. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations ofl Lessor under this Agreement will have all oft the rights and obligations that have been assigned to it. Lessee's rights and interest in and to the' Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with ori int favor of anys such assignee, pledgee ort transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles sol long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable byt the Lessee under any provisions oft this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to ori loss or destruction of any' Vehicle or by reason of any defecti in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of its This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Neither party shall by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this Agreement and no waiver whatsoever shall be valid regarding! Lessee as Lessor may from timet tot time reasonably request. remain unremedied fori thirly (30) days; Crawford Group, Inc.. paragraph: agreement. Lessee. affiliates to the Lessee or to any other person ore entity, orf for any other reason. Section 16 oft the Master Equity Lease. Agreement is amended to read as follows: unless in writing and signed by the waiving party and then only to the extent therein set forth. A waiver by either of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which waiving party would otherwise have on any future occasion. If any term or provision oft this Agreement or any application of anys such term or provision isi invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party ati its address set forth below or ats such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective three (3) days after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Both parties will promptly notify the other party of any change in its address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked "ORIGINAL" by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of North Carolina (determined without reference to conflict ofl law principles). Unless prohibited by law, all actions relating in any way to this Agreement shall be brought solely in the General Court of Justice of the State of North Carolina sitting in Stanly County or, where applicable, the United Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a body politic and corporate of the State of North Carolina, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree thatt the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sellt the vehicles on the open used car market priort to the end of the scheduled term (as determined in Section 3 and All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease obligations ofe eachl Lessee under this Agreement (ifr more than one) arej joint and several. Section 17 of the! Master Equity Lease Agreement is amended to read as follows: States District Court oft the! Middle District of North Carolina. Section 19 of the Master Equity! Lease Agreement is amended to read as follows: Section 14 oft this Agreement). ratified and confirmed. Agreement as oft the Stanly County (Lessee) day of October, 2017. Enterprise FM1 Trust (Lessor) By: Enterprise Fleet Management, Inc., its attorney inf fact By Title: By_ Title: SERVICE, AGREEMENT This Agreement is entered into as of the day of October, 2017, by and between Enterprise Fleet Management, Inc., (EFM), al Missouri corporation, and Stanly County (County). WITNESSETH: Enterprise Fleet Management, Inc. is the "Servicer" as denoted by the MASTER EQUITY LEASE AGREEMENT thati is by and! between Enterprise FM Trust,a Delaware statutory trust and SCOPE OF SERVICE. This Agreement and the Master Equity Lease Agreement shall be effective upon execution by both parties for an initial one (1) year period, with the option for up to four (4) successive one-year renewals. This Agreement is not to exceed the amount of Twenty- One Thousand and Fifty-Four Dollars ($21,054.00) during thei initial one (1) year period or during any individual successive renewal period, without a duly executed written amendment to this Agreement. Any additional vehicles requested by Stanly County after thei initial agreed upon INDEMNITY. Enterprise Fleet Management, Inc. ("EFM") agrees to defend and indemnify Stanly County from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which Stanly County mayi incur by reason of EFM's breach or violation of, orf failure to observe or perform, any of its obligations as Servicer (EFMi in such capacity, "Servicer") for Enterprise FM Trust in connection with the Master Equityl Lease Agreement between Stanly County and Enterprise FM Trust dated as oft the date hereof, or as ar result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of ori in connection with the use, operation or condition of any' Vehicle, in each case, while the Vehicle was in possession of the Servicer. SUBCONTRACTING. EFM shall not sub-contract all or any part oft the services provided fori in RELATIONSHIP OF PARTIES. EFM is an independent contractor of the County. EFM represents thati it has or will secure, at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Iti is further agreed that EFM will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the services called for herein. Neither EFM nor any employee of EFM shall be deemed an officer, employee or agent of the County. EFM shall CONFIDENTIALITY. EFM may, during the course of providing the services hereunder ori in relation to this Agreement have access to, and acquire knowledge regarding County's personnel, materials, data, systems, and other information which may not be accessible or known to the general public. Any knowledge acquired by EFM from such materials shall not be used, published or divulged by EFM to any person, firm or other entity without prior written approval of LICENSURE AND CERTIFICATION. EFM shall comply with all federal, state and local laws regarding business permits, certificates and licenses that may be required to carry out the services tol be performed under this Agreement. The EFM shall insure that all personnel engaged iny work under this Agreement shall be fully qualified and shall be authorized under state andl local law to perform the services under this Agreement. The EFM shall further obtain and file with Stanly County. deliveries willi increase the above stated amounts. this Agreement without prior written approval of the County. ensure thati it maintains a properly executed IRS Form W-9. the County. County the appropriate IRS form' W-9. INSURANCE. The EFM shall provide and maintain insurance covering its liabilities in amounts of atl least $1,000,000.00 combined single limit. EFM: shall supply to the County an updated certification upon request. Should said certification expire prior to the termination of this Agreement, EFM shall supply to the County an updated certification prior to the expiration of the ACCESS TO AND RECORD RETENTION. Lessor agrees tor maintain all records of or related to the services set outi in this Agreement and shall, upon the County'srequest, provide the County HEALTH AND SAFETY. The Lessor shall be responsible for initiating, maintaining and supervision of all safety precautions and programs in connection with the work. The Lessor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees from the work and other persons who may be NON-DISCRIMIMATION IN EMPLOYMENT. The Lessor shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, or national origin. The Lessor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their age, sex, race, creed, or national origin. In the event thel Lessor is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of Federal, State or local law or this provision, this Agreement may be cancelled, terminated or suspended in whole or in part by the County, and the E-VERIFY COMPLIANCE. IfLessor is a person, business entity, or other organization that transacts business and employs 25 or more people in North Carolina, it agrees to comply with the E-Verify requirements found in Article 2 of Chapter 64 of the North Carolina General Statutes. Lessor also agrees that any and all its current or subsequently hired subcontractors shall comply with said E-Verify requirements ifs said subcontractors employ 25 or more employees in North IRAN DIVESTMENT ACT CERTIFICATION. Pursuant to North Carolina General Statute S 147- 86.59, Lessor hereby certifies that, as of the date listed below, iti is noti identified on the Final Divestment List created byt the North Carolina State Treasurer pursuant to N.C.G.S. S 147-86.58 (hereinafter referred to as "List"). Additionally, Lessor hereby certifies that its shall not utilize any subcontractor in the performance of this Agreement thati is identified on said List. certification initially provided. with, or access to, said records. affected thereby. Lessor may be declared ineligible for further County contracts. Carolina. IN WITNESS WHEREOF, EFM and Stanly County have executed this Service Agreement: as of the day and year first above written. County: Stanly County EFM: ENTERPRISE FLEET MANAGEMENT INC. By: Title: Address: By: Title: Address: