STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA MAY 16, 2016 7:00 P.M.  CALLTO ORDER & WELCOME- CHAIRMAN EFIRD  INVOCATION & PLEDGE OF ALLEGIANCE- PARK RIDGE CHRISTIAN SCHOOL  DRILL TEAM  APPROVAL/ADJUSTMENTS TO THE AGENDA  SCHEDULED AGENDA ITEMS  1. CENTRALINA COUNCIL OF GOVERNMENTS PRESENTATION Presenter: Jim Prosser, Executive Director  2. SCUSA TRANSPORTATIONS UPDATED TITLE VI PROGRAM PLAN Presenter: Gwen Hinson, Transportation Director  3. UTILITIES  Presenter: Donna Davis, Utilities Director  A. Greater Badin Water & Sewer District - Badin Rehabilitation Project B. Extension of Interlocal Agreement with Stanfield for Bulk Water Sales 4. CLOSEOUT PUBLICHEARING FOR THE FY12 CDBG SCATTERED SITE  Part B  HOUSING PROGRAM Presenter: Andy Lucas, County Manager A. Hold the public hearing  5. BOARD & COMMITTEE APPOINTMENTS A. Stanly Water & Sewer Authority  B. Town of Norwood's Board of Adjustment & Planning Board    6. PRESENTATION OF THE FY 2016-17 RECOMMENDED BUDGET  Presenter: Andy Lucas, County Manager 7. MUSEUM RELOCATION DISCUSSION Presenter: Andy Lucas, County Manager  8. CONSENT AGENDA  A. Minutes - Regular meeting of April 18, 2016  B. Finance = Request approval of the attached vehicle tax refunds C. Sheriff's Office - Request approval of budget amendment # 2016-34 D.E E-911 - Request approval of budget amendment # 2016-37  PUBLIC COMMENT  GENERAL COMMENTS, ANNOUNCEMENTS & COMMITTEE REPORTS  CLOSED SESSION: To discuss economic development in accordance with G.S.  143-318.11(a)(4). ADJOURN  The next regular meeting will be held on June 6, 2016 at 7:00 p.m.    Stanly County Board of Commissioners Presenter: Jim Prosser, Executive Director  STANL)COUNTY Meeting Date: May 16, 2016  Water An Lans Saccet.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCi is equipped with' Windows XP and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you! have need to use the Document Camera: and zoomi into a particular area, ifp possible please attach a copy of the document with the: area indicated  Please Provide al Briefl Description of your Presentations format:_ that your 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 to6 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  CENTRALINA COUNCIL OF GOVERNMENTS PRESENTATION  For Board information only.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be at true copy of the action taken byt 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    10-FASTFACTS About Centralina Council of Governments (CCOG)  Ges Centralina Council of Governments  What is Centralina Council of Governments? Here are a fewi fast facts SOJ you can know us better. Centralina is a council of local governments working together for the region. Centralina 0 is not another form of government. It is a council made up of more than 60 local government members (cities, towns, counties), governed by an Executive Board and a Board of Delegates composed of elected Centralina works with you for a vital, growing region. Centralina works with member communities 2 to coordinate the efforts of federal, state and local governments and organizations on issues that cross jurisdictional boundaries to help grow the economy and jobs, control cost of government and improve Centralina is not the only council of governments in the State. Ini fact, we are 3 the largest (by population) of 16 councils of government legislatively authorized by the State Centralina coordinates the distribution of $15 million in grants to the region. - In 2013-2014, approximately $15 million in federal and state pass-through grants for aging and workforce development activities were distributed to cities, towns, counties and organizations The Centralina region is one of the fastest growing large regions in the U.S. The region's 5 current rapid growth rate is expected to continue. Our population is projected to increase by 50 percent int the next two decades and almost double within the next four decades.  officials from those member governments.  quality of life within our region.  of North Carolina.  within our region.  Centralina is working with the region to prepare for future growth and ensure vitality. Through 6 CONNECT Our Future, Centralina is working with local governments and other organizations throughout the region to develop a regional growth framework that includes tools that communities can uset to meet Centralina helps communities in the region in four other important areas. Besides the CONNECT Our Future initiative, Centralina provides services in Community and Economic Development, Workforce Development, Aging and Regional Planning (land use, transportation Centralina also provides a wide range of affordable Technical Assistance services to help your community. Members receive discounted rates on technical andi management services such as: community planning, comprehensive land use, pedestrian/bike, park, and corridor planning; senior life- style planning and programming; downtown redevelopment; local government employee recruitment and selection; public engagement; board training and retreats; code enforcement; and grant writing and Centralina members are critical to the organization. As a member, you ARE the Centralina Council 9 of Governments. Tell us about your community's challenges and the opportunities thaty you see for local governments to address issues more effectively, efficiently and affordably together. Let us help you get You've Asked, We're Delivering - Centralina is listening to members. We'rel listening to what you 11 and your residents are telling usi is important toy your community and this region. We are looking at our services and developing and refining strategies to better help youa achieve your local goals. More changes  local challenges.  and envronmentavenergy.  (  administration.  results through collaboration.  will be coming in the next year.  CENTRALINA COUNCIL OF GOVERNMENTS 525 North Tryon Street- 12th Floor. Charlotte, NC 28202 Phone: 704-372-2416-Fax: PA3H-PD-mmaniaag    Gentralina CounelldGaverments-  Ges Centralina Council of Govemments  SerinoloabonvemmensinetemalmaRagn  CONNECT OUR FUTURE - This region's first-ever Regional Growth Framework was developed with support of over 8,400 participants in two states and 14 counties. The Framework ensures an economically competitive region through collaboration and community based growth priorities. Over 75 best-practice. tools are available to help communities reach their growth related goals. For more information, visit waComecuuruture.on WORKFORCE DEVELOPMENT - Leadership in workforce development ensuring the region can meet the needs oft the Designated Workforce Development Board for seven counties int the region, providing innovative workforce development strategies. Developing a user-friendly, web-based regional platform for career seekers and career development professionals thatp provides a roadmap to skills traininga andi rewarding careers in growingi industries in our region Centralina Career Headlight Managed $6.5r million inf federal ands state grants in 2014-2015 Administers Workforce Innovationa and Opportunity Actf funding to provide services for adults, dislocated workers, youth andi incumbent workers Oversees operations for eight NCWorks Career Center COMMUNITY: & ECONOMIC DEVELOPMENT- Building through the growth of target industry clusters, expanding) jobs creation activities, and providing strategic competitive advantage Staffs anda administers the Centralina Economic Development Commission, thel local Designated Economic Development District facilitating public agencies access for U.S. Commerce Completed andi implements the 2012-2017 Centralina Economic Development Strategy (CEDS), "Prosperity for Greater Charlotte Report" and groundbreaking. Jobs, Workforce, and Education Alignment Study Completed andi implements the 2015 Centralina Manufacturing Ecosystem Mayors Development Strategy (CMEDS) tos support Advanced Industries workforce pipeline, R&D, supply chain analysis, and export/logistics growth for region. Received andi facilitates al Lumina Foundation Community Postsecondary Attainment 2015-2016 grant for Greater Charlotte Regiont that will provide pilot project and system fori internal existing industry workforce attainment andi related college and K-12 pipeline alignment. Provides municipal management and grant administration services and isar regional conduit for other federal ands state grants, including public facilities, water and wastewater improvements, andi housing  AREA AGENCY ON AGING - Designated. Area Agency on Aging for the region, bringing innovative programming, training opportunities and accountability for federala and state funds. Assists eligible older adults in retraining andf finding employment through the Senior Community Service Employment Program (Title V) Provides individual and groupa advocacy on agingi issues. Provides assistance for consumers transitioning to andf from long-term care to the community Managed $10.9 millioni int federal and state grants in 2014-2015 Assists residents in long-term care by protecting their rights and quality of life throught the Ombudsman Program Provides services for caregivers of older adults and grandparents raising grandchildren through the Family Caregiver Support Program Promotes evidence-based health programs toi increase independence ands sell-management ofi individuals dealing with various health issues and reducing falls REGIONAL PLANNING -D Developing and managing partnerships that bring communities across the region together with other stakeholders to address shared planning challenges and grow the economy, control cost Provides local government planning assistance including land use, pedestrian, small area and corridor plans; public engagement; board training and retreats; park, streetscape, and Provides efficient ande effective transportation: services for the region's aging and disabled populations through thel Mobility Management program, a collaboration between Centralina's Administers/staffs and or operates regional programs such ast thel NC 730 Council of Planning, Lake Wylie and! Mountain Island Lake Marine Commission and the Regional Conference of Convenes and leads energy ande environment programs in conjunction withf federal, state, andl local agencies and other partners; coordinates the Centralina Clean Fuels Coalition (CCFC) Department of Energy's Clean Cities program  current ande emerging workforce. First regional workforce boardi in NC  ofg government, andi improve  of life. quality  collaborative  partnerships to promote regional economic vitality  toc compete nationally and globally.  landscaping design  EDA1 funding opportunities  Aging and Planning departments  CENTRALINA COUNCIL OF GOVERNMENTS 525 North Tryon Street. 12th Floor Charlotte, NC 28202 Phone: 704-372-2416- Fax: 704-347-4710* www. centralina. org    Stanly County Board of Commissioners  STANU)COUNTY Meeting Date: May 16, 2016  X  Presenter:  2  Gwen Hinson, Transit Director  Mater An Lanls 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 for ** Ify you have need tou uset the Document Camera and zoomi into aj particular area, if possible please attach ac copy oft the document with the: areai indicated S Updated Title VI Plan for SCUSA Transportation changes have been made to our current plan u to include new federal guidelines. This plan has been reviewed with the Title VI Coordinator  Please Provide: al BriefDeseription ofyour Presentations format: that you need toz zoomi into. Al laser light is: available top pinpoint your area ofp projection. *** You can bringi ina al laptop that will: allow video outt tol be connected att thel lectern set display to 60Mhz.  County Employees.  ITEMTOBE CONSIDERED  b (Emily Frye) and reviewed and discussed with the County Attorney.  e C t  R Approval of the plan updates.  e 9 u e S e d A C t i 0 n  Signature: Gwen Hinson, Transit Director  Dept. Transportation Services Attachments:  Date: 4-28-16  Yes X Certification of Action Certified tol bea at true copy of the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment) Necessary  Tyler-Brmmit,Clerkete-he-Beare- Date-    Stanly County Board of Commissioners Presenter: Donna Davis, Utilities Director  SIANV)COUNTY Meeting Date: May 16, 2016  3A  MerfalSa.  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 attachac 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 isa available to pinpoint your area of projection. *** You can! bringi ina al laptop that will allow video out tol bec connected: at thel lectern- set display to6 60Mhz.  for County Employees.  ITEM TOI BE CONSIDERED  Greater Badin Water & Sewer District  Greater Badin Water & Sewer District has received funding from the NC DEQ Drinking Water State Attached is a resolution that would accept the State Revolving Loan offer of $6,057,970, authorize and direct to staff to furnish such information as the appropriate State agency may request in connection with the project and to execute such other documents asi may be required in connection with thel loan.  Revolving Fund (DWSRF) program for the Badin. Rehabilitation Project Part B.  1) Accept loan offer and approve loan offer resolution for the Badin Rehabilitation Project 2) Approve associated project ordinance and budget amendments recognizing increased loan  Part B  revenue and 2% closing costs payable from retained earnings.  Ame Ba  Signature: Donnal LDavis, Utilities Director  Dept. Attachments:  Date: May 10, 2016  Yes  No  Review Process  Certification of Action Certified to be ai true copy of the: action taken by the Stanly County Board of Commissioners on  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Greater Badin Water & Sewer District 10001 North) First Street Suite 12 ALBEMARLE, NORTH CAROLINA 28001  RESOLUTION BY GOVERNING BODY OF APPLICANT  WHEREAS, The Safe Drinking Water Act Amendments of 1996 and the North Carolina Water Infrastructure  Fund have authorized the making of loans and/or grants, as applicable, to aid eligible, drinking water system owners inf financing the cost of construction for eligible, drinking water amount of $6,057,9701 for the construction of a drinking water distribution system project described as Water System Replacement (Badin Water Rehab Part B) to reduce and/or eliminate system wide water loss, improve water quality, eliminate excessive ground storage and provide for the general replacement of a 100 years old water system, hereafter referred to as the  infrastructure; and  WHEREAS, the North Carolina Department of Environmental Quality has offered a State Revolving Loan ini the  Project";and  WHEREAS, The Greater Badin Water & Sewer District intends to construct said Project in accordance with  engineering plans and specifications that have been or will have been approved by the North  Carolina Public' Water Supply Section.  NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF DIRECTORS OF THE GREATER BADIN WATER & That the Greater Badin Water & Sewer District, does hereby accept the State Revolving Loan offer in the That the Greater Badin' Water & Sewer District does hereby give assurance to the North Carolina Department of Environmental Quality that they will adhere to all applicable items specified in the standard "Conditions" and "Assurances" of the Department's funding offer, awarded in thet form ofa That Donna Davis, Executive Director, the Authorized Representative, and successors so titled, is hereby authorized and directed tot 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 application; and That the Greater Badin Water & Sewer District has complied substantially or will comply substantially with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the Project and to  SEWER DISTRICT:  amount of $6,057,970; and  State Revolving Loan; and  Federal and State grants and loans pertaining thereto. Adopted this the 16th day of May, 2016 at Albemarle, North Carolina.  Terry Scott Efird  Chairman, Greater Badin Water & Sewer District  Greater Badin' Water & Sewer District- - Badin Rehab Part B (DW SRF program)    CERTIFICATION BY RECORDING OFFICER  The undersigned duly qualified and acting as Clerk to the Board of Directors of the Greater Badin' Water & Sewer District does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the acceptance of a Drinking' Water State Revolving Loan with the State of North Carolina, as regularly adopted at a legally convened meeting oft the Greater Badin Water & Sewer District Board of Directors duly! held on the 16th day of May, 2016; and, further, that such resolution has been fullyr recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, Ihave hereunto set my! hand this  day of  20_  (Signature of Recording Officer)  Clerk to the Board of Directors, Greater Badin Water & Sewer District (Title of Recording Officer)  Greater Badin' Water & Sewer District- Badin Rehab Part B (DWS SRF program)    Greater Badin Water & Sewer District Capital Project Ordinance Badin Waterl Rehabilitation Project-E Part] B  BEI ITC ORDAINED, by the Greater Badin Water and Sewer District Board of Directors that, pursuant to Section 13.2 of Chapter 159 oft the General Statutes of North Carolina, the following Capital Project SECTION 1: The capital project herein authorized ("Project") is for the construction and/or installation ofdrinking water infrastructure, to be financed by ai federal Drinking Water State Revolving Fund (DWSRF) loan and local retained earnings from the 611 Greater Badin Water & Sewer District fund to SECTION: 2: The officers of this unit of local government are hereby directed to proceed with the Project within the terms oft thel Board: resolution, loan documents, and the budget contained herein.  Ordinance is hereby adopted:  serve the Greater Badin Water & Sewer District water system.  SECTION3: The following amounts are: appropriated for the project:  Part B Professional Services Land Closing Costs Construction  $ 766,776 $ 2,000 $ 121,159 $5,289,194 $6,179,129  Section 4:  The following revenues are anticipated to be available to complete the project: NCI DENR SRF loan ($2,400,000 principal forgiveness) $6,057,970  Part B Retained Earnings  $ 121,159 $6,179,129  SECTION 5: The Finance Director is hereby directed to maintain within the capital project fund specifically detailed accounting records to satisfy the requirements oft the funding agency, the funding SECTION6 6: Funds may be advanced from the General Fund for the purpose ofr making payments as due. Reimbursement requests should be made to the appropriate funding agency in an orderly and timely SEECTION 7: The Finance Director is hereby directed to report on a quarterly basis on thei financial status of each project element in Section 3, and on the total loan revenues received or claimed. SECTION8 8: The Finance Director is directed to include a detailed analysis of past and future costs and SECTION 9: Copies oft this capital project ordinance shall be furnished by the Clerk to the Board of  agreements, and federal regulations.  manner.  revenues on the Project in every budget submission made to this board. Directors and the Finance Director for direction in carrying out this project.  Adopted this 16th day of_ May ,4 2016.  esali  Terry Scott Efird, Chairman  Greater Badin Water and Sewer District Board of Directors  Attest:  Tyler Brummitt, Clerk    Revised 07/07/2003  AMENDMENT NO: 2016-35  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that thet following amendment be made To amend thel Badin Water Rehab Part BI Fund 613, the expenditures are tol be changed as follows:  to the annual budget ordinance for the fiscal year ending June 30, 2016:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED 4,397,148 $ 892,046 $ 5,289,194  FUND/DEPART ACCOUNT NUMBER 613.7120 613.7120  ACCOUNT DESCRIPTION  AS 121,159  NUMBER  580.000 Construction 199.101 Closing Costs  121,159  TOTALS  $ 4,397,148 $ 1,013,205 $ 5,410,353  This budget amendment is justified as follows: Toa amend the budget with additional DENRI loan proceeds.  This will resulti in ar neti increase $ 1,013,205 ine expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received in this fiscal year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED 2,765,924 $ 892,046 $ 3,657,970 2,765,924 $ 1,013,205 $ 3,779,129  FUND/DEPART ACCOUNT NUMBER 613.3710 613.3980  ACCOUNT DESCRIPTION  AS 121,159  NUMBER  910.100 DWSRF Revolving Loan 980.611 From Greater Badin Fund  121,159  TOTALS  SECTION:2. 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 byt the Clerk oft the Board_ Se Ehhs  Das Department Head  5-10-16 Date 5-10-16 Date Date  Posted by Journal No. Date  Reviewed by County Manager  5/10/20163:41 PM  BA2016-35    Revised 07/07/2003  AMENDMENT NO: 2016-36  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that the following amendment be made To amend the Greater Badin Operating Fund 611, the expenditures are tol be changed as follows:  to the annual budget ordinance for the fiscal year ending June 30, 2016:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER 611.9800  ACCOUNT DESCRIPTION  AS  NUMBER  981.613 To Badin Water Rehab B $  121,159 $ 121,159  TOTALS  $  $ 121,159 $ 121,159  This budget amendment is justified as follows:  To amend the budget using Retained Earnings to cover the closing costs for Water Rehab Part BI Project. This will result in ar net increase $ 121,159 in expenditures and other financial use tot the County's annual 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 int this fiscal year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER 611.3991  ACCOUNT DESCRIPTION  AS  NUMBER  990.100 Retained Earnings Approp. $ 22,000 $ 121,159 $ 143,159  TOTALS  $ 22,000 $ 121,159 $ 143,159  SECTION:2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, andt tot the Finance Director.  Adopted this_  day of  20  Verified by the Clerk oft the Board Dan RRas Reviewgdb by Department Head TL  5-10-16 Date 5-10-16 Date Date  Posted by Journal No. Date  Reviewed by County Manager  5/10/2016 3:55F PM  BA2016-36    Revised 10/19/2007  Stanly County Board of Commissioners  Meeting Date  May 16, 2016  3B  STANU)COUNTY  Consent Agenda Regular Agenda  Wétr An Lols Saccees, Presenter:  Donna Davis, Utilities Director ITEM TO BE CONSIDERED  Extension ofInterlocal Agreement with Stanfield for Bulk Water Sales  Attached please find aj proposed five (5): year contract extension to the 2006 Interlocal Agreement The Town of Stanfield has reviewed and approved the proposed extension as presented.  between Stanly County and Stanfield for bulk water sales.  Review and consider adoption oft the proposed five (5) year contract extension with Stanfield for bulk  water sales.  Signature: Date: 5/11/2016  Dept Utilities Attachments:  X Yes Certification of Action Certified tol bea a true copy ofthe 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    NORTH CAROLINA STANLY COUNTY  CONTRACT EXTENSION #1  THIS CONTRACT EXTENSION #1 is made and entered into this  day of  20161 by and between Stanly County (hereinafter referred to as "County")  party of the first part; and the Town of Stanfield (hereinafter referred to as "Town"), party  of the second part;  The following section represents an extension of the original INTERLOCAL AGREEMENT entered into the 16th day of February, 2006 by and between Stanly County and the Town of Stanfield (hereinafter referred to as "Agreement"), a copy of which is attached hereto as "Exhibit A" and incorporated by reference herein. All terms, conditions, and covenants as stated in the Agreement apply to this contract extension as fully as if set forth herein. To the extent that the terms of this extension conflict with the terms of the Agreement, the terms set out below shall (a) The Agreement is hereby extended for an additional five (5) year term. Said term  control.  shall be from February 16, 2016 through February 15, 2021.  STANLY COUNTY By. Date.  TOWN OF STANFIELD  By. Date  Terry Scott Efird, Chairman Board of Commissioners 1000 North 1st Street, Suite 10 Albemarle, NC 28001  Kevin Barbee, Mayor 103 West Stanly Street Stanfield, NC 28163  This instrument has been pre-audited in the manner required by the Local Government  Budget and Fiscal Control Act. FINANCE DIRECTOR    CONTRACT DOCUMENTS  This written contract includes the following: A. INTERLOCAL AGREEMENI, Original; and B. CONTRACT EXTENSION #1.  Stanly County Initial  Town of Stanfield Initial  2    EXHIBIT "A"  STATE OF NORTH CAROLINA COUNTY OF STANLY  INTERLOCAL, AGREEMENT  THIS INTERLOCAL AGREEMENT made and entered into this the 16th day of February, 2006 by and between STANLY COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "Stanly," and the TOWN OF STANFIELD, a municipal corporation within the State ofNorth Carolina, hereinafter referred to as "the Town."  WITNESSETH  WHEREAS, the Town secured grant funds for the construction of a water distribution WHEREAS, the Town has, with said funds and at its own expense, constructed a water distribution system within the Town limits and beyond and has connected said system and will install metered connections to the West Stanly Water System, which system is operated by  system within and around the Town limits;  Stanly;  WHEREAS, the Town is in the process of obtaining Public Water System ID Numbers from the North Carolina Department of Environmental Health and Natural Resources for all metered connections to Stanly in order to operate a water distribution system and upon the  obtaining of such permits desires to operate a water distribution system;  WHEREAS, Stanly has the capacity capable of serving the customers of the Town's system; has agreed to provide public water under this Agreement to the Town upon the Town obtaining the necessary permits; and reserves the absolute right to negotiate capacity with the  Town;  WHEREAS, according to the procedures and provisions of North Carolina General Statute Chapter 153A, Article 15 and Chapter 160A, Article 20, Part 1, and upon the successful application of the Town in obtaining from the North Carolna Department of Environmental Health and Natural Resources the water supply number(s) necessary to operate its water system, ar necessary prerequisite to the enforcement, ofthis agreement, the parties desire to enter into this Agreement for the purchase and sale of public water with each other in order to engage for the  purposes and under the authority provided by law; and  WHEREAS, the parties desire to undertake such public enterprise to promote economic NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions  development, and to otherwise promote the health and welfare oft the citizenry.  contained herein, the parties agree as follows:  1.  Except as may be limited by Stanly's ability to obtain water from the City of Albemarle pursuant to the Bulk Water Purchase Agreement setting forth capacity requirements, a copy of which is attached to this Agreement as Exhibit A, as may  CHARLOTTB0I9S6.2227825.101932006    be amended from time to time.Stanly agrees to supply water to the Town in order to enable the Town to supply the Town's users and agrees that it has sufficient capacity to supply the Town's users. Said water services shall be provided consistent with County's Utility Policies as may now exist or be lawfully modified in the future. In the event the City of Albemarle limits Stanly's ability to obtain water from it which actually impairs Stanly's ability to provide water to Stanfield, Stanly shall limit the supply of water to Stanfield by no more than the pro rata amount which Stanfield's water usage bears to the total amount of water supplied by the City of Albemarle to Stanly. Stanly shall provide written notice tot the Town within five (5) days of becoming aware that the City of Albemarle may limit its supply of water to Stanly in a way which may actually impair Stanly's ability to provide Stanfield with its water requirements sSO that Stanfield The Town has provided or will provide, at its sole expense, all labor and materials associated with the connection of Stanly's water supply to the Town's water distribution system, including the installation of master meters at each connection point to Stanly's line, Without limiting the foregoing, the Town's obligation includes the installation of all lines, taps, meters, meter boxes and apparatus reasonably necessary to connect Stanly's water supply to the Town's distribution system. All meters, meter boxes, lines and apparatus installed by the Town shall be compatible with the existing Stanly system. All master meters shall become the property of Stanly which shall be responsible for the operation, maintenance and calibration of all such master meters. Specifications describing the existing system are attached hereto as Exhibit B and incorporated herein by reference. There shall be no expansion or extension of the existing water system without the appropriate State approval and any expansion or extension initiated by the Town shall be funded by the Town. The Town shall have the right to extend its water lines only after obtaining approval as to capacity from Stanly pursuant to the Bulk Water Purchase Agreement, which approval shall not be unreasonably withheld, This Interlocal Agreement shall extend to all territory presently within the Town's service area together with any territory that may be added by the Town to its service area during the term oft this Agreement and any renewals.  may have the opportunity to obtain alternate sources.  2.  3.  4. As long as Stanly has billed the Town by the thirtieth (30") day ofa given month, The Town agrees to pay Stanly, not later than the twentieth (20") day of the following month, for water delivered in accordance with the then-existing schedule of rates as may be determined from time to time by Stanly for its municipal customers, including the Town of Oakboro. The initial rate for water  delivered to the Town by Stanly is:  a.  One thousand one hundred sixty-six dollars and fifty-seven cents ($ ($1166.57) for the first seven hundred thousand (700,000) gallons, which  amount is the minimum rate per month.  2  GHARLOTTE0936-002789254.01.03205    b.  One dollar and seventy-two cents ($1.72) per one thousand (1000) gallons for water in excess ofs seven hundred thousand (700,000) gallons.  5. The Town shall maintain and operate the Town's water distribution system and shall be responsible for billing and collecting all fees from its customers for their 6. Both the Town and Stanly have or will have Water Supply Management Numbers and thereby agree to operate and maintain their separate systems in compliance with State and Federal Regulations governing public water. suppliers. 7. The parties acknowledge that the Town's water distribution system may serve to link or connect two or more distribution lines owned by Stanly. For and during the term of this Agreement, with appropriate State approval Stanly shall have the right to utilize portions of the Town's distribution system for the "flow through" of water to Stanly customers and Stanly may, at its own expense, add or accept through donation such extensions or additions to its existing distribution lines as Stanly deems appropriate and as may be allowed. The costs of any such extensions or additions shall be borne by Stanly, including but not limited to any costs associated with any alterations or additions to the Town's water distribution system and the cost of any metering systems required to measure the flow of water to Stanly. Prior to the connection of any such extensions or additions, Stanly will obtain the Town's consent as to any connections to the Town's water distribution system and the parties agree to negotiate an appropriate wheeling fee calculated upon the number of gallons of water "flowing through" the Town's system based on a financial model comparable to the Raftelis Study attached hereto as Exhibit C and incorporated here by reference (otherwise known as a The parties acknowledge their respective ownership of water distribution systems exclusive of the other's existing distribution system. It is agreed that such property, as may currently exist or be expanded shall remain the property of Stanly or the Town as the case may be upon the expiration or termination of this 9. This Agreement with the exception of changes in the capacity and rates_may be amended only by a written document approved by both Stanly and the Town, duly voted upon in open session and recorded in the minutes of both boards and executed by the Mayor of the Town and the Chairman of the Board of Stanly. 10. This Agreement shall remaining effect for a term of five (5) years from date of execution by both parties hereto and will be renewed for an additional five (5) year term, unless either party provides a minimum of three (3) months written notice to the other party that the Agreement will not be renewed. Ifsuch notice is provided by either party, Stanly shall continue to provide water to Town until such time as the Town is able to seçure an alternate source for water, it being the  use ofthe Town's water services.  "wheeling fee"). Stanly shall bear the cost of any study.  8.  Agreement.  3  HARLOTTE01961600I27825430195206    intent oft the parties that the Town be provided a continuous supply of water until such time as it is able to locate an alternative source. Town agrees to use its reasonable efforts to secure an alternative source of water. Upon the giving of any notice of non-renewal, the responsibilities under this Agreement shall continue in full force and effect until such time as those responsibilities are either appropriately assumed by or discharged to a third party or both parties accept all 11. This Agreement contains the sole and entire agreement between the Town and Stanly regarding the consequences of ownership, operation and maintenance of IN WITNESS WHEREOF, the parties have executed this Interlocal Agreement pursuant to appropriate resolution spread upon the minutes of each party this the 16th day of  effects resulting from such non-renewal.  water systems in the Town.  February  2006.  STANLY COUNT,NORTICAROINA 2  ATTEST: Pss ay Çlérk, Starly County Boatd of Commissioners  Stanly County Board of Commissioners  oe  TOWN OF STANFIELD, NORTH CAROLINA  ATTEST:  ByA  Kevim Barbee Mayor, Town of Stanfield  AhiRSmomaRuA  Town Clerk  Approval as to legal form:  A  Stanly County'  4  CHARLOTTE01935002762794014.9209    Town Attorney, Town of Stanfield  ATTACHMENTS (A, B and C - Specifications)  This Instrument has been preaudited in the manner required by the Local Government Budget  and Fiscal Control Act.  Charbs. Mashbn (Signature of Finance Officer)  5  CHARLOTTE019536-002276225V3 01/05/2006    Stanly County Board of Commissioners  STANL) COUNTY Meeting Date: May 16, 2016  Presenter: Andy Lucas  4  Waln An4 lad.s Sarast.  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows XP and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you! have need to use the Document Camera: and: zoomi into a particular area, ifp possible please attach a copy of the document with the areai indicated  Please Provide al Brief Description of 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 tol bec connected at the lectern- set display to 60Mhz.  for County Employees.  ITEMI TO BECONSIDERED CLOSEOUT PUBLIC HEARING FOR THE FY12 CDBG SCATTERED SITE HOUSING PROGRAM  Please see the attached notice published in the Stanly News & Press on Thursday, May 5th  regarding the closeout public hearing for the above grant.  Request the Board hold the closeout public hearing for the FY12 Scattered Site Housing Grant.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to beat true copy oft the action taken the Stanly County Board ofCommissioners on  No  X  Review Process  Approved Yes No Initials  Director Finance Budget Amendment Necessary County Attorney County Manager Other:  by  Tyler Brummitt, Clerk to the Board  Date    NOTICE OF CLOSEOUT PUBLIC HEARING  STANLY COUNTY FY12 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the Stanly County Board of Commissioners willl hold a public hearing on Monday, May 16, 2016 at 7:00 PMi in the County Commons Meeting Room located at 1000 N. First Street, Albemarle, NC: 28001 to review and assess the performance of the County's FY12 Community Development Block Grant (CDBG) Scattered Site Housing Program. The County received $225,000in grant funds (100% of the total program costs) from the NC Department of Commerce. With these funds, the County provided housing econsinucionrehabitation assistance to four (4) low- and moderate- income (LMI) households. Project activities are nearly complete and the County is in the process of All citizens are urged to attend the public hearing and make their views known prior to the submission of closeout information to thel NCI Dept. of Commerce. A publici information file exists att the County Administration Building and may be viewed upon request. Residents willl be given the opportunity to provide oral or written comment on the County's use of CDBG funds. For additional information or to submit written comments, please contact Ms. Tyler Brummitt, Clerk to the Board, 1000 N. First Street, Suite 10, Albemarle, NC: 28001, phone 704-986-3600. Comments should be received by the County no later than Friday, May 13, 2016, and a written response will be made within 10 working days. Stanly County does not discriminate based on race, color, religion, sex, national origin, handicap, age, or familial status in the admission, access to, treatment, or employment in CDBG program and activities. Non- English speaking persons and other persons with disabilities requiring special accommodations should contact Stanly County at 704-986-3600, TDD Relay Service at 711, at least 48 hours prior to the This information is available in Spanish or any other language upon request. Esta informacion està disponible en espanol o en cualquier otro idioma bajo peticion. Por favor, pongase en contacto con Donna Davis al 704-986-3686 0 en 1000/ N. First Street, Albemarle, NC 28801, de alojamiento para esta  closing the grant.  scheduled meeting. comunicado.  Andy Lucas, County Manager  NOTES TO PUBLISHER: The Stanly News and Press Publish on or before Thursday, May 5, 2016 Display advertisement in non-legal section. Approximate size 3"x3". Send invoice and affidavit of publication to: Tyler Brummitt Stanly County Clerk to the Board 1000 North First Street, Suite 10 Albemarle, NC: 28001 704-986-3600 (phone) 704-983-3313 (fax) tbrummitt@stanlycountync.gov    Public Hearing Narrative  This is the closeout public hearing for the Stanly County FY 2012 Community Development Block Grant (CDBG) Scattered Site Housing Program, grant number 12-C-2430. The purpose of this public hearing is to discuss the program performance, allow the citizens of Stanly County an In the spring of 2013, the County received $250,000 in U.S. Department of Housing and Urban Development (HUD) CDBG funding from the North Carolina Department of Commerce (DOC). Proposed project activities include Rehabilitation of up tot four (4) households. All of the housing activities benefitted low- and moderate- income (LMI) households directly, for 100% benefit to Program activities are nearly complete and grant funds are approximately 80% expended. The County expects 100% completion of activities and expenditures in the next few weeks. Iti is anticipated that no funds will be returned to NC Commerce. Final requisitions for funds and closeout documents will be submitted to DOC by the deadline of June 24, 2016. This has been a successful project and remained in compliance with the required federal  opportunity to make any comments, and closeout the project.  LMI persons.  regulations associated with funding. Does anyone have any questions/comments?    Stanly County Board of Commissioners  STANU)COUNTY Meeting Date: May 16, 2016  Presenter: Andy Lucas  5A  Waten An larls Beua.  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, ifp possible please attach: a copy of the document with the areai indicated  Please Provide al Brief Description ofyour Presentations format: that you need toz zoom into. AI laser lighti is available to pinpoint your: area of projection. *** You can bringi in a laptop that will allow video out to bec connected: att the lectern- set display to 60Mhz.  for County Employees.  TEMTOBECONSDERED  APPOINTMENT TO THE STANLY WATER & SEWER AUTHORITY  Due to the recent resignation ofSWSA member Mr. Don Brooks, it is requested the Board appoint  ar replacement to serve his unexpired term until January 21, 2017. Enclosed are three (3) applications for your consideration.  Request the Board appoint a replacement to serve until January 21, 2017.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to beat true copy of 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 thel Board  Date    Stanly County Board of Commissioners  STANLV)COUNTY Meeting Date: May 16, 2016  Presenter: Andy Lucas  An lars Watrh Saat.  5B  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 **J Ifyoul have need to use the Document Camera and: zoomi into a particular area, ifp possible please attacha 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 availablet to pinpoint your area of projection. *** You can bringi inal laptop that will allow video out tol bec connected: at thel lectern- set display to6 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  APPOINTMENT TOTHE TOWN OF NORWOOD'S BOARD OF ADJUSTMENT & PLANNING BOARD  Please see the attached request from the Town of] Norwood requesting the appointment of Richard  Lilly.  Request the Board appoint Mr. Richard Lilly to serve on Norwood's Board of Adjustment & Planning Board with his term beginningJanuary 1,2016 - December. 31,2018.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol bea at true copy oft the action taken by the Stanly County Board ofc Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to thel Board  Date    Revised 10/19/2007  Stanly County Board of Commissioners  STANL)COUNTY Meeting Date  May 16, 2016  Consent Agenda sEN Agenda  Watrfalars Saccan.  Presenter:  Andy Lucas, County Manager ITEM TO BE CONSIDERED  Ina accordance with NCGS 159-11(b), the FY 2016-2017 Recommended Budget will be presented to  the Board.  1. No action required  2. The Public Hearing for the FY 2016-2017 Recommended Budget will be Monday, June 6 3. Thel Board will need to identify dates and times foras series of budget workshop 4. Budget adoption is tentatively scheduled for Thursday, June 23, but this date can be  meetings during the month of. June.  adjusted.  Signature: Date: 05/11/16  Andy Lucas  Dept Central Administration Attachments:  yes Certification of Action Certified to be: at true copy of the action taken by the Stanly County Board of Commissioners on  X 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 10/19/2007  Stanly County Board ofCommissioners  STANLV) COUNTY Meeting Date  May 16, 2016  7  Consent Agenda Regular Agenda  Water Anl Lanks Saccest,  Presenter:  Andy] Lucas, County Manager ITEM TO BE CONSIDERED  Museum Relocation Discussion  The County has been evaluating the relocation oft the museum from its current site on E. Main Street to the former City Hall Annex facility on 2"d Street. The City of Albemarle is seeking a lease that will require the County to replace all HVAC units and pay' % of the cost of replacing the roof oft the City Hall Annex facility (see attached Additionally, the line of sight wireless communication technology used for Internet service at the existing museum location will not be feasible at the City Hall Annex facility. As such, the County's Information Technology staff Further, the Convention and Visitors Bureau Board, via formal action, has expressed its desire to remain at the Stanly Commons facility. As such, County staff does not have a recommended action plan for the current museum Given the increased cost to relocate to the City Hall Annex and the uncertainty for how the current museum facility would be utilized, staffi is not in aj position to recommend relocation at this time.  cost estimates).  has conservatively estimated the cost to install the infrastructure at $16,500.  facility.  Review and consider options for action.  Signature: Date: 05/11/16  Andy Lucas  Dept Central Administration Attachments:  X yes Certification of Action Certified to beat 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    Museum Relocation Expenses  1. 50% Shared Roof Replacement (per proposed lease agreement) =  $16,500" $16,500 $94,750* $20,000* $147,750  2. ITinfrastructure-  3. HVAC Replacement (per proposed lease agreement) = 4. General Renovation (funds budgetedi inFV15-16) =  TOTAL  "Per Michael Ferris' on 4/15/16 (quote of $33,000 for replacement) Budget based quote from Facility Systems Services, Inc. on 5/11/16  The building has continued to deteriorate since the Board last took action on this item back in July/August 2015. Water damage to ceiling tiles, lights, wall covering and floor may have increased the amount of funds required to renovate the facility for use  as a Museum.    5/12/2016  Stanly County, NCI Mail- RE: ProposedAgreement for Use oft the City Hall Annex  STANLY) COUNTY Marer Aa Lank. Sacesr. 1message  Andy Lucas <alucas@stanlycountync.gov>  RE: Proposed Agreement for Use of the City Hall Annex  Ferris, Michael mems@eabamaencu" To: Andy Lucas <alucas@stanlycountync.gov>  Fri, Apr 15, 2016at9:23AM  Andy:  We have had a closer look at the roof and had a roofing company inspect it as well. It is clear the roof has too many years on it and is too far gone for a repair to make sense. The good newi is the first quote we received is less than what I thought it would be and came in at approx. $33,000. We are getting a second opinion on the  roof as well as another quote.  Int the meantime since the writing is on the wall concerning the roof, I have asked our Attorney to revise the agreement to include a 50/50costsharing arrangement provision. Ihave asked for this change to be made by the first of next week sO we can have it back shortly and move forward with the agreement.  Ijust wanted to give you this update. Iwill be backi in touch when we get this revision added and I'I send it  back to you. Thanks.  MichaelJ. Ferris City Manager City of Albemarle P.O. Box 190 Albemarle, NC 28002-0190 (704) 984-9410 www.albemantenc.gow  ALBEMARLE NORTH CAROLINA Waten Ai Land, Opparturiy  From: Andy Lucas malto:alucas@stanlycountync.gow, Sent: Monday, March 21, 20164:34PM Subject: Re: Proposed Agreement for Use of the City Hall Annex  To: Ferris, Michael  Michael,  htps/mailgoogle.commaleau02u-28M-28k-bai80eAvew-plscal-Bordk20Adionk2lemssearchr-camsh-154la787075asiml-i541a17865707531 1/3    Facility Systems Services, Inc Comprehensive Building Solutions PO Box 1540, Matthews, NC28106 Budget Proposal By and between: and  Date: May 11, 2016 Quote # GAL20160511.1  License# 23002  Facility Systems Services, Inc. POI Box 1540 Matthews, NC 28106  Stanly County Facilities Mgt. 10001 North First Street Albemarle, NC 28001  Project: Budget Proposal: Old City Hall Annex Equipment Replacement  SCOPE OF WORK  Facility Systems Services, Inc., is pleased to provide aj proposal to replace five HVAC units for the old City Hall  Annex building as discussed. The following should clarify scope ofwork.  This Proposal includes the following:  One new 20-ton split system heat pump One 7.5-ton split system heat pump Three 5-ton split system heat pumps Duct fittings to connect to existing ductwork New thermostats New refrigerant piping Disconnect and reconnect electrical and controls Replacing roof curb rails for new units to set on Crane fees Disposal ofo old equipment Labor: normal business hours 8:00 to 4:30 This Proposal will exclude the following: Overtime or holiday hours ifrequired Any DDC controls Any modifications to any alarm systems  Replacing conduit and aj portion of wiring on rooft that is rotten and rusted through  Any modifications to structure to accommodate energy code  BUDGET PRICING  This agreement shall be provided for the sum of $94,750.00 payable at completion of project. FSS, Inc. reserves the right to "progress bill"ifc circumstances arise preventing completion ofp project in a timely manner.  Thank youj for the opportunity to provide this proposal.  Facility Systems Services, Inc. By: Audie Lowery Date: May 11,2016  Stanly County Facilities Management  By: Date    DRAFT SENT FROM CITY OF ALBEMARLE ON 4/22/16  NORTH CAROLINA STANLYCOUNTY  LEASE    This lease made and entered into this  day of  2016, by and  between the City of Albemarle, a muniçipal corporation, party of the first part; and the County of Stanly, al body politic and corporate, party of the second part, both ofStanly County, North Carolina;  WITNESSETH:  That in consideration of the agreements and covenants hereinafter set forth to be done and performed by said party of the seçond part, said party of the first part doth hereby demise and lease unto said party of the second part a certain parcel of land, together with the buildings and other improvements thereon situate, lying and being in Stanly County, North Carolina, and more particularly  described as follows:  Being that Building commonly known as the "City Hall Annex" located at 157 North Second Street, Albemarle, NC28001. (EXCEPT FOR A SMALL STORAGE ROOM IN THE BASEMENT  IN FRONT OF THE ELEVATOR)    To have and to hold said lands and premises, together with all privileges and appurtenances thereunto belonging to him, the said party of the second part, and his heirs successors and assigns for  the term and upon the conditions hereinafter seti forth:  1. TERM: This lease shall begin as of May 1, 2016 and, unless sooner terminated as herein provided, shall exist and continue until the 30th day of April, 2026 (hereinafter referred to as' "Term"). 2. RENTAL: As rental for said premises said party of thè seçond part shall pay to said party of the  first part by mail or at the place of business of said party of thei first) part, and without    notice or demand therefor, the sum of One Dollar per year, payable on or before the 1* day of each May  throughout the term hereof.  3. TAXES: During the term of this lease party of the first part shall pay all taxes and assessments imposed on the demised premises by any lawful authority, ifa any such taxes shall be due as party oft the  first part is presently exempt from the payment of ad valorem taxes.  4. LIGHTS, HEAT, WATER, AND: SEWER: During the term of this lease party of the second part shall provide and pay for alll lights, heat, water and sewer charges upon said demised premises. 5. "ASIS" ACCEPTANCE OF PROPERTY: Party of the second part accepts the premises from party oft the first part in "as in" condition, except to the extent specifically provided elsewhere int the lease. 6. INITIALREPAIRS/REPLACEMENIS/RENOVATIONS: Party of the second part and party of the first part shall share equally the cost of replacing the roof on the demised building. Thereafter, party of the first part shall be responsible for roof repairs during the term of the lease. Party of the second part shall be responsible for the replacement of all HVAC: systems and thei initial interior renovations. 7. REPAIRS AND MAINTENANCE BY PARTY OF THE FIRST PART: Subject to the provisions hereinafter contained with regard to damage by fire or other casualty and Paragraphs 6 and 8, party of the first part agrees to maintain the premises in good order and repair at the expense of party of the first part during the Term. Party of the first part's maintenance shall bel limited to the maintenance and repair of the walls, floors, windows, doors, roof, heating, air conditioning, freight elevator, the automatic sprinkler, all HVAC: systems, as well as eleçtrical and plumbing systems. Party of the first part agrees to make proper repairs within ar reasonable amount of time after the necessity, nature, and location thereof have been called to Party of the first part's attention by Party of the second part. oft the second part, its agents or employees, damages by çauses reasonable beyond party of the second part's control and ordinary wear and tear excepted, repairs shall be made by and at the expense of party of the second part. If party of the second part fails to make such repairs promptly, party of the first part, ati its option, may make such repairs and party of the second part shall pay party oft the first part on demand party oft the first part's actual costs in making such repairs. Party of the first part shall not be made by party of thet first part under this lease; however, repairs, alterations, or additions made by party of the first part shall be performed at at time mutually agreed upon by the party oft the first part and party of the second part in an effort to minimize any disruptions to party of the second part's  Should damages to the premises occur due to the willful misconduct or negligence of party  business/Customers.    8. REPAIRS AND MAINTENANCE BY PARTY OF THE SECOND PART: Party of the second part shall maintain the non-structural portions of the interior of the premises in good repair and condition, damages by causes reasonably beyond part of the second part's control and 9. IMPROVEMENTS BY TENANT: Party oft the second part may at any time during the term of this lease make to the buildings on said demised premises alterations and additions as agreed upon by the party of thet first part, but is agreed that all such alterations and additions shall be and become a permanent part oft the real estate, and as such the property ofi party oft thet first part.  ordinary wear and tear excepted.  All repairs and additions made by party oft the seçond part to thel heating, lighting, and plumbing systems shall be considered a part of the real estâte and, as such, the property of party oft the first part, but party oft the second part may remove all shelving, counters, showcases or other mercantile appliances belonging to party oft the second part which can be removed without injury to the building. 10. USE OF PREMISES: Iti is expressly agreed that this lease is executed in order that party of the second part may conduct upon the demised premises the business of operating a historical museum celebrating local, city and county historyand traditions, and that said premises shall not be put to any  - Pui  other use without the written consent of party of thei first part.  11. COVENANT OF QUIETI ENJOYMENT; Party of thet first part covenants with party of the second part that party of the second part shall have the right of quiet enjoyment of the premises during the  term of the lease.  12. PARTY OF THE FIRST PART'S RIGHT OF ACCESS: Party of the first part may, at any time during party of the second part'soccupancy, upon reasonable notice to party oft the second part of notl less than 12 hours, during reasonable business hours enter either to view the premises to show the same to others, or to facilitate repairs to the building, or to introduce, replace, repair, alter, or make new or change existing connections from fixtures, pipes, wires, ducts, conduits or other construction therein. Any introductions, replacements, repairs, alterations, additions, or removals made by party oft the first part shall be performed at a time mutually agreed upon by party oft the first part and party of the second part in an effort to minimize any disruptions to party of the second part's business/customers.  13. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT  A. ADA Compliance- The premises and their use authorized under this lease comply fully with (and no notices of violation have been received in connection with) environmental, air quality, zoning, flood plain, planning, subdivision, building, health, labor, discrimination, fire, traffic, safety, wetlands and other governmental or regulatory rules, regulations, laws, ordinances, statutes, codes and    requirements applicable to the building orf facility in which the premises are located (hereinafter collectively referred to as' "Building Laws"), including, without limitation, the Americans With Disabilities Act of 1990, as amended. Party of the first part has received such final certificates as may be required or customary evidencing compliance with all building codes and permits, and approval off full occupancy of the premises and ofa alli installations therein. Party of the first part shall cause the premises and all common areas to be continuously in compliance with all Building Laws (as the same may be amended  from time to time).  B. - Indemnification of Party of the Second Part- Part oft the first part agrees to protect, defend, indemnify and hold party oft the second part harmless from and against all liability threatened against or suffered by party oft the: second part by reason ofal breach by party of the first part of the foregoing representations and warranties contained int the preceding Subparagraph 13.A. The foregoing indemnity shall include the cost of all alterations to the premises (including architectural, engineering, legal and accounting costs), all fines, fees and penalties, and all legal and other expenses includingattorneys fees), incurred by party of the second part in connection with the premises beingi in violation of any Building Law and for the cost of collection of the sums due under thei indemnity.  ITISEXPRESSLY UNDERSTOOD AND AGREED THATTHESE PARAGRAPHS-13A&B'APPLYTO 14. DAMAGE OR DESTRUCTION BY FIRE: Should the building upon the demised premises be destroyed or rendered unfit for use and occupancy by fire or other casualty, this lease shall thereupon  THE FIRST FLOOR ONLY OF THE DEMISED BUILDING.  terminate.  15.E BANKRUPTCY OR INSOLVENCY OF TENANT: It is expressly agreed that ifa at any time during the term of this lease party of the second part should be adjudged bankrupt ori insolvent by any Federal or State court of competent jurisdiction, party of the first part may at his option declare this lease  terminated and cancelled and take possession ofs said premises.  16. ASSIGNMENT ANDS SUBLETTING: Party of the second part shall not assign this lease or sublet 17.OPTION BY LANDLORD TO TERMINATE LEASE: This lease is, however, executed and accepted subject to the condition that ifs said party oft the first part should at any time during the term thereof make a bona fide sale of said premises and the purchaser thereof desire possession, party of the first part may terminate. and cancel this lease by giving to party of the second part one hundred twenty( (120)  any part of the demised property without the written consent of party oft the first part.  days' written notice ofs such sale and termination.    18. OPTION BY TENANTTO TERMINATE LEASE: If party of thes second part has paid all installments of rental theretofore due and has done and performed all matters and things herein specified to be done and performed by him, he may at any time after one year from the date hereof terminate this lease by giving to the party of thet first part one hundred twenty (120) days' written notice  of his intention so to do.  19.OPTION TO EXTEND: Provided all installments of rental theretofore due have been paid and all other conditions of this lease have been properly complied with by him, parties of the first and second parts may extend this lease; and int the event ofs such extension, all of the terms and conditions as herein set out shall continue in full force and effect, except as modified by mutual consent of the  parties.  20. FORFEITURE FOR NONCOMPLIANCE: Iti ise expressly agreed thati if any annual installment of rent as herein called for remains overdue and unpaid for thirty days, party of the first part may at his option at any time during such default declare this léase terminated and cancelled and take possession  ofsaid premises.  21. INDEMNIFICATION:  A. Indemnification of Party of the First Part- Party of the second part covenants and agrees to save party of the first part and party of the first part'semployees and agents from all loss, damage, liability or expense of any kind, including without limitation attorneys' fees and court costs incurred, suffered or claimed by any person whomsoever, or for any cause whatsoever, arising out of or resulting from the negligence or misconduct of party of the second part in connection with its use or occupancy of the premises. Iti is thei intent oft this section to require party oft the second part to indemnify party of  the first part to the extent permitted under North Carolina law.  B. Indemnification of Party of the Second Part- Party oft the first part covenants and agrees to save party of the second part and party of the second part'semployees. and agents from all loss, damage, liability, or expense ofa any kind, including without limitationa attorneys' fees and court costs incurred, suffered or claimed by any person whomsoever, or for any cause whatsoever, arising out ofor resulting from the negligence or misconduct of party of the first part in connection with its ownership, maintenance, use or occupancy of the premises. Iti is the intent of this section to require party oft the second part to indemnify party of the first part to the extent permitted under North Carolina Law. C.S Survival of Indemnification Provisions- The provisions of this Paragraph 21 shall survive the  expiration of the Term.    22. Insurance:  A.F Party of the First Part's Obligation to Provide Insurance- Party of thet first part shall, at its cost and expense, obtain and maintain at all times during the Term, fort the protection of Party oft the first part and Party of the second part, Public Liability Insurance Comprehensive General Liability or Commercial General Liability) including Contractual Liability Insurance, with a combined personal injury and property damage limit of not less than $1,000.000.00 for each occurrence and not less than $2,000,000.00 in the aggregate, insuring against alll liability of party oft the first part and its representatives arising out of and in connection with the ownership, maintenance, use, or occupancyof the premises. Party oft the second party and party of the second part's employees and agents shall be  named as additional insureds.  B. Party of the First Part's Fire Insurance- Party of the first part shall, at its own cost and expense, obtain and maintain at all times during the Term, fire and extended coverage on the premises, including any leasehold improvements made by either party of the first part or party oft the second part, in an amount sufficient sO that no co-insurance penalty shall be invoked in case ofl loss.  C. Party of the Second Part's Obligation to Providel Insurance- Party of the second part shall, at its cost and expense, obtain and maintain at all timés during the Term, for the protection of party oft the first part and party of the second part, Public Liability Insurance (Comprehensive General Liability or Commercial General Liability) including Contractual Liability Insurance, with a combined personal injury and property damage limit of not less than $1,000,000.00 for each occurrence and not less than $2,000,000.00 in the aggregate, insuring against. all liability of party oft the second part and its representatives arising out of and in connection with party of the second part's use of occupancy of the premises. Party of the first party and party of the first part's employees and agents shall be named as  additional insureds.  D. Party of the Second Part's Fire Insurance- Party oft the second part shall, at its own cost and expense, obtain and maintain at all times during the Term, fire and extended coverage on party oft the second part's contents located at the premises in an amount sufficient sO that no co-insurance penalty  shall be invoked in case of loss.  23. WAIVER OF BREACH: The failure of either party to exercise, or a delay in either party's exercising of, any right or remedy provided under this lease or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise oft that or any  other right or remedy.    24. WRITTEN LEASE-I Iti is understood and agreed by and between the parties hereto that this lease contains the final and entire agreement between the parties, and that they shall not be bound by any terms, statements, conditions or representations, oral or written, express or implied, not herein contained. This lease may not be modified orally or in any manner otherthan by written agreement  signed by the parties hereto.  25. SEVERABILITY- Every agreement contained in this lease is, and shall be construed asa separate and independent agreement. Ifa any term of this lease or the application thereof to any person or circumstances shall bei invalid and unenforceable, the remaining provisions of this lease. The applications of such term to persons or circumstances other than those as to whichi iti isi invalid or  unenforceable, shall not be affected.  26. FORCE MAJEURE- Whenever a period of time is herein prescribed for action to bei taken by party of the first part and/or party of the second part, party of the first part and/or party of the second part shall not be liable or responsible for, and there shall be excluded from the computation for any such period oft time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restriçtions, or any other cause of any kind whatsoever which is beyond the reasonable control of party of the first part and/or party of the second part.  27.GOVERNING LAW- This lease shall be governed by and construed in accordance with the laws of the State of North Carolina. Unless prohibited by law all actions relating in any way to this lease shall be brought int the General court of Justice of the State of North Carolina sitting in Stanly County or, where applicable, the United States District Court of the Middle District of North Carolina.  28. NOTICES- Any notices required or permitted to be given under thet terms of this I3ease shall be considered properly made if either hand delivered or sent by certified mail, return receipt requested,  postage prepaid, and addressed to the parties at the address set forth below:  TO THE PARTY OF THE FIRST PART:  City of Albemarle Attn: Michael Ferris, City Manager P.O. Box1 190 Albemarle, NC 28002 County of Stanly  TO THE PARTY OF THE SECOND PART:  Attn: Andrew Lucas, County Manager 1000 North First Street, Suite 10    Albemarle, NC: 28001  Addresses to which notice shall be given may be changed by either party at any time by giving 29. MISCELLANEOUS: Whenever used herein the masculine shall include the feminine and the neuter; the singular shalli include the plural; and reference to party oft the "first" or' "second" part shall  notice to the other as herein provided.  include the respective parties' heirs, successors and assigns.  Inl Testimony' Whereof, said parties have executed this contract in duplicate originals, one of  which is retained by each oft the parties.  CITY OF ALBEMARLE AI Municipal Corporation  By:  Mayor  1  Attest: Clerk  COUNTY OF STANLY Al Body Politiç and Corporate  By:.  Chairman of the Board of Commissioners  Attest: Clerk    NORTH CAROLINA STANLY COUNTY  This is to certify that  Mayor of the City of Albemarle, North  Carolina, personally appeared before mei this day and acknowledged the due execution of the foregoing instrument on behalf of the City of Albemarle, al Municipal Corporation, by authority duly given byi its  City Council. This  day of  2016.  Notary Public  My Commission Expires:  NORTH CAROLINA STANLYCOUNTY  This is to certify that  Chairman of the Board of the County  Commissioners for Stanly County, North Carolina, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the County of Stanly, a Body  Politic and Corporate, by authority duly given byi its County Commission.  This  day of  2016.  Notary Public  My Commission Expires:    Stanly County Board of Commissioners  STANU)COUNTY Meeting Date: May 16, 2016  Presenter:  B  Chairman Efird  Water An4 Lenls Saccer.  Consent Agenda Regular Agenda  Presentation Equipment: 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 to use thel Document Camera and zoomi into a particular area, if possible please attachac copy oft the document with the: area indicated  Please Provide a Brief Description of your Presentations format: that your need toz zoom into. A laser lighti is available to pinpoint your area ofp projection. *** You can bringi ina a laptop that will allow video out to be connected: at thel lectern- set display to 60Mhz.  for County Employees.  ITEMTOI BE CONSIDERED  CONSENT AGENDA  A. Minutes - Regular meeting of April 18, 2016  B. Finance - Request approval of the attached vehicle tax refunds S Sheriff's Office - Request approval of budget amendment # 2016-34 D. E-911-F Request approval of budget amendment #: 2016-37  Request approval of the above items as presented.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be a true copy oft 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 tot thel Board  Date    BA  STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES APRIL18, 2016  COMMISSIONERS PRESENT:  T.S Scott Efird, Chairman Bill Lawhon, Vice Chairman Peter Asciutto Tony Dennis Janet K. Lowder Gene Mcintyre  Joseph Burleson (Arrived at 7:02 p.m.)  STAFF PRESENT:  Andy Lucas, County Manager Jenny Furr, County Attorney Tyler Brummitt, Clerk  CALLTOORDER  The Stanly County Board of Commissioners (the "Board") met in regular session on Monday, April 18, 2016 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons. Chairman Efird called the meeting to order, gave the invocation and led the pledge of allegiance.  APPROVAL/AD.USTMENTS TO THE AGENDA  Chairman Efird requested a closed session be added to the agenda to discuss a real estate transaction in accordance with G. S. 143-318.11(a/5). Commissioner Dennis moved to approve the agenda as amended and was seconded by Commissioner Lowder. The motion carried by  unanimous vote.  ITEM#1- NATIONAL DAY OF PRAYER PROCLAMATION Presenter: Andy Lucas, County Manager 2016 as a National Day of Prayer.  For Board consideration, the County Manager presented the proclamation declaring May 5,  Commissioner Asciutto moved to approve the proclamation and was seconded by  Commissioner Mcintyre. The motion passed with a vote of7-0.  Page 1of3    See Exhibit A- 2016 National Day of Prayer  ITEM#2-( CONSENT AGENDA Presenter: Chairman Efird  A. Minutes- - Regular meeting of April 4, 2016.  B. Sheriff's Office - Request approval of the detention center medical plan as required each - Finance - Request approval of the attached vehicle tax refunds for March 2016. D. Finance - Request acceptance of the Monthly Financial Report for Nine Months Ended E. Health Dept. - Request approval of budget amendments # 2016-32 and #2016-33. By motion, Commissioner Dennis moved to approve the consent agenda as presented. His motion was seconded by Commissioner Asciutto and the motion passed unanimously.  year.  March 31, 2016.  PUBLIC COMMENT - None.  BOARD COMMENTS, ANNOUNCEMENTS & COMMITTEE REPORTS  Commissioner Burleson invited everyone to the Arbor Day Festival in Norwood the following  weekend.  Commissioner Mcintyre noted that he had attended the Senior Center's Volunteer Banquet on Thursday evening where more than 200 were in attendance. He commended the staff and volunteers on their hard work throughout the year as well as in preparing for the event. Vice Chairman Lawhon reiterated Commissioner Mcintyre's comments noting that the volunteers do a great job of supporting the Senior Center and that the center is something the county can be proud of. As a positive economic indicator, he noted that building permits have increased by 86% for the first quarter of this year versus the same period last year which means the building industry is becoming busy again and indicates a 53% increase in values as well. He also provided local manufacturing statistics noting that in the United States, 10.6% of people are employed in manufacturing, in North Carolina it is 12.69, in the Charlotte region it is 13.6%  and in Stanly County it is 14.9%.  Commissioner Asciutto stated he had attended the Albemarle Downtown Development Commission meeting earlier in the day. During the meeting, Pfeiffer University President Dr. Colleen Perry Keith noted that Pfeiffer is looking to purchase the old Winn Dixie building in Albemarle to possibly house the university's occupational therapy and physician's assistant  Page 2of3    programs which will include more than two hundred (200) students and seventeen (17)  professors. CLOSED SESSION  Commissioner Dennis moved to recess into closed session to discuss a real estate transaction in accordance with G. S. 143-318.11(a)5). The motion was seconded by Commissioner Asciutto  and passed by unanimous vote at 7:08 p.m.  ANNOUNCEMENT following action: following:  After returning to open session, Commissioner Burleson moved that the Board take the Approve the County's intent to purchase the Town of Stanfield's fifty percent (50%) undivided interests in the Big Lick sewer transmission line and associated assets contingent upon the  1. NC DENR approval of ownership and permit name change 2. NC DOT approval of encroachment name change  The Board also authorized staff to negotiate any changes to the asset purchase agreement and assignment of easements in the best interest of the County, and authorized the Chairman or Vice Chairman (if Chair not available) to execute the asset purchase agreement and any  associated easement assignments contingent on the aforementioned items. Commissioner Dennis seconded the motion which then passed by unanimous vote.  RECESS  Vice Chairman Lawhon moved to recess the meeting until Monday, May 16, 2016 at 5:30 p.m. for a joint dinner meeting with the Library Board of Trustees in the Albemarle Main Library Meeting Room. The motion was seconded by Commissioner Dennis and carried by unanimous  vote at 7:20 p.m.  Terry Scott Efird, Chairman  Tyler Brummitt, Clerk  Page 30 of3    Stanly County Board of Commissioners  STANUCOUNTY Meeting Date: May 16, 2016  9B  Presenter: Consent  Matrhnk ladSarcer.  Consent Agenda' Regular Agenda  Presentation Equipment: E Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** * PCise equipped with' Windows XPa and! Microsoft Office) XP (including' Word, Excel, andl PowerPoint), Internet connectivity and Network connectivity ** Ifyou have need to use thel Document Camera and zoom into: ap particular area, ifp possible please attach: a copy of the document with thes areai indicated  Please Provide al Brief] Description of your Presentations format: that you need toz zoom into. Al laser light is available top pinpoint your area of projection. *** Youc can! bringi inal laptop that will allow video out to be connected. at thel lectern set display to6 60Mhz.  for County Employees.  ITEMTOBE CONSIDERED  Please see the attached April 2016 refund report from the North Carolina Vehicle Tax System for taxpayers due vehicle refunds over $100 which requires Board of Commissioners approval.  Consider and approve the attached vehicle tax refunds.  Signature: Toby R. Hinson Date: 5/06/16  Dept. Finance Attachments:  Yes Certification of Action Certified to bea true oft the action taken the copy County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  by Stanly  Budget Amendment: Necessary  Tyler Brummitt, Clerk to the Board  Date    000 88888 8 88 88888 81e  88 0  6  8 888  S - 3  58 SF 58898 g88 de 161e 5    9  5i b 56  CAROL    Revised 07/07/2003  96  AMENDMENT NO: 2016-34  STANLY COUNTY-BUDGEI AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that the following amendment be made  tot the annual budget ordinance for the fiscal year ending June 30, 2016: To amend the General Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $  FUND/DEPART ACCOUNT NUMBER 110.4310.4310  ACCOUNT DESCRIPTION  AS  NUMBER  550.000 Other Equipment  12,500 $ 12,500  TOTALS  $  $ 12,500 $ 12,500  This budget amendment is justified as follows:  To amend the budget for the Sheriff's Office to purchase al K-9 using drug seizure funds and canteen profits. This will result in a neti increase $ 12,500 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received in this fiscaly year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 17,516 $ 12,000  FUND/DEPART ACCOUNT NUMBER 110.3431 110.3432  ACCOUNT DESCRIPTION  AS  NUMBER  310.24 Drug Seizure 480.30 Canteen Profits  6,250 $ 23,766 6,250  18,250  TOTALS  29,516 $ 12,500 $ 42,016  SECTION:2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, andt to the Finance Director.  Adopted this_  day of  20_  Verifiedgyt the Clerk oft the Board 3 PAL  sbhe Date 5-b-16 Date Date  Head  Posted by Journal No. Date  Reviewed by County Manager  5/5/2016 3:00 PM  BA2016-34    Revised 07/07/2003  BD  AMENDMENT NO: 2016-37  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that the following amendment be made  tot the annual budget ordinance for the fiscal year ending June 30, 2016: To amend the General Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 367,173 $ (12,600) $ 354,573  FUND/DEPART ACCOUNT NUMBER 110.4395 110.4395  ACCOUNT DESCRIPTION  AS  NUMBER  440.000 Service & Maint Contract 550.000 Other Equipment  11,600  12,600  24,200  TOTALS  $ 378,773 $  $ 378,773  This budget amendment isj justified as follows: int the basement. This will result in ar net increase  Tot transfer funds in the E-911 budget to purchase al bi-directional antenna that will allow for portable radio usage budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they willl be received in this fiscal year.  $  in expenditures and other financial use to the County's annual  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER  ACCOUNT DESCRIPTION  AS  NUMBER  TOTALS  $  $  SECTION2. Copies of this amendment shall bei furnished to the Clerk of thel Board of Commissioners,  Budget Officer, and to the Finance Director.  Adopted this  day of  20_  Verified by the Clerk oft the Board_ P  dploni!  0512/016 Datg 5-1-16 Date Date  Posted by Journal No. Date  by FinanceDirector  Reviewed by County Manager  5/12/2016 11:35AM  BA2016-37