STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA JANUARY 7, 2013 7:00 P.M. CALL TO ORDER & WELCOME - CHAIRMAN MCINTYRE INVOCATION - COMMISSIONER DENNIS APROVAL/ADJUSIMENTS TO THE AGENDA SCHEDULED AGENDA ITEMS 1. PLANNING & ZONING- ZA 12-04- - REZONING REQUEST FOR REECE GIBSON Presenter: Michael Sandy, Planning Director A. Hold the public hearing B. Request the Board approve, modify or deny the request 2. ECONOMIC DEVELOPMENT COMMISSION - PRESENTATION OF THE PERFORMANCE AGREEMENT FOR CAROLINA PAPER CONVERTERS, INC. Presenter: Paul Stratos, EDC Director A. Hold the public hearing B. Request Board approve, modify or deny the performance agreement 3. PROPOSED ANIMAL CONTROL ORDINANCE - BOARD OF HEALTH FOLLOW-UP Presenter: Commissioner Asciutto 4. BRIDGE TO RECOVERY REQUEST Presenter: Andy Lucas, County Manager 5. EMERGENCY COURTHOUSE ELEVATOR REPAIR & OTHER COST SAVING UPGRADES Presenter: Andy Lucas, County Manager 6. OAKBORO WASTEWATER TREATMENT PLANTDISCUSSION Presenter: Andy Lucas, County Commissioner 7. BOARD'S ANNUAL STRATEGIC PLANNING RETREAT Presenter: Andy Lucas, County Manager 8. CONSENT AGENDA A. Minutes = Regular meeting of December 17, 2012 B. Health Dept. - Budget amendment #2013-16 C. Utilities - Budget amendment # 2013-15 D. Sheriff's Dept. - Budget amendment # 2013-20 E. Legal Dept. - Budget amendment # 2013-18 PUBLIC COMMENT GENERAL COMMENTS & ANNOUNCEMENTS CLOSED SESSION: To consult with the County Attorney in accordance with G. S. 143-318.11(a)(3) to discuss the 401 water quality permit intervention, APGI's public records requests lawsuit and to discuss an economic development issue in accordance with G.5.143-318.110)4. ADJOURN THE NEXT REGULAR MEETING IS SCHEDULED FOR TUESDAY, JANUARY 22, 2013 AT 7:00 P.M. Stanly County Board of Commissioners Meeting Date: January 7,2013 Presenter: Michael X SIANIN COUNY Sandy 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 **I Ifyoul have need to use thel Document Camera and zoom into: a particular area, ifp possible please attacha a copy of the document with the: area indicated that Please Provide al Brief] Description ofy your Presentations format:_ you need toz zoom into. AI laser lighti isa available to pinpointy your area ofp projection. *** You can bring ina al laptop that will allow video out to be connected at the lectern- set display to 60Mhz. County Employees. ITEMTOT BE CONSIDERED: PUBLIC HEARING PLANNING AND ZONING ZA 12-04 Reece Gibson requests Rezoning from RA Residential Agricultural to R-20. Applicant respectfully requests rezoning ofa a 23.9: acre parcel ofland from RAtol R-20 (RECN 31172). The property is located on Renee Ford Road approximately 2000 feet north ofitsi intersection with Polk Ford Road. The purpose of this requested amendment is to reduce the minimum lot size requirement to 20,000 square feet to will allow more density for aj proposed subdivision. Itis requested that the Board of Commissioners approve, modify, or deny this request. Signature: Dept. Planning & Zoning Attachments: e 68 Date: December 11,2012 yes X Certification of Action Board of Commissioners on Tyler Brummitt, Clerk to the Board No Review Process Approved Yes No Initials Certified to be ai true copy of the action taken by the Stanly County Finance Director County Attorney County Manager Budget Amendment Necessary Date MEMORANDUM To: Stanly County Board of County Commissioners From: Michael M. Sandy, AICP, CZO, Planning Date: December 11,2012 7B ZA 12-04 Reece Gibson requests Rezoning from RA Residential Agricultural to R-20. Applicant respectfully requests rezoning ofa2 23.9 acre parcel ofl land from RA- Residential Agricultural to R-20 (tax record number 31172). The property is located on Renee Ford Road approximately 2000 feet north ofi its intersection with Polk Ford Road. Thej purpose oft this requested amendment is to reduce the minimum lot size requirement to 20,000 square feet to will allow more density for aj proposed subdivision. All oft the adjoining properties are zoned RA- Residential Agricultural. The property is served by public water but not sewer. This property is not located in a regulated floodplain ori in a WS-IV Water Supply Watershed. Traffic on this section of Renee Ford Road and has been studied by NCDOT and is approximately 2,500 cars per day. The Planning Board forwards this case to the County Commissioners with a favorable recommendation due to the fact that the property is located in ai residential zoning area, is in a growth area, and is in accordance with the Stanly County Land Use Plan. 7290 Permit Number: ZA 12-04 PETITION FOR ZONING CHANGE OF PROPERTY (Please read petition thoroughly before completing. Incomplete ori illegible applications will notl be accepted.) Thej petitioner requests that the County of Stanly Zoning Map be amended as indicated below. AND/OR TEXTAMENDMENT MPORTANT: Supplementary information required as part of petition tol bei included: Copy of recorded deed Copy of the Stanly County Tax Map which delineates the property requested for rezoning Legal description of property requested for rezoning, by metes and bounds ora a recorded plat depicting such Text changes submitted on 81/2 XIlwith shaded text representing new language and strikcthroughs for language to bcr removed. Additional information may be provided and attached to this petition. Applications must be submitted and reviewed by the Planning Department, 1000 N. First Albemarle, NC 28001 for completeness prior to acceptance. Fees This petition will be scheduled for the next possible regular Planning and or his representative should be present at the meeting to answer Street, Suite 13B., accompany the petition. payable to the County of Stanly must Board Zoning meeting. The petitioner meetings are held on the second (2") Monday of each month at any 7:00 questions. P.M. in the Planning and Zoning Board located at the Stanly County Commons Building, 1000 N. First Street, Albemarle, NC Commissioners 28001. Petitioners Chambers must be received at least 11 working days prior to the scheduled meeting date to allow supplementary information be informed of any changes in date, time, or location of meetings. Petitions and advertisement as required by the General Statutes of North Carolina. will time for processing and PLEASEP PRINT Name of Petitioner: Owner Name and Address: (Phone Number) 4s/2 Rvpe Rcl (Address) 28163 (Email Address) Reeu Rbm (Print Name) stai Frell Nc (City, Aena fr Ro 35630/478248 deer cbm Address(s) of Requested Site: Tax) Parcel #(s) Acreage/Sq. Ft Signature of Petitioner: Signature of Owner is (ifowneri not petitioner) Recw 31172 23.9 Existing Zone RA Requested Zone_ A-20 Date_ /1-16-12 Date /-16-/2 Kere shhm N ( E GBOF JENES Stanly County Board of Commissioners Meeting Date: January 7,2013 Presenter: Paul SIANIY COUNTY Stratos, EDC Director 2. 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 tou use the Document Camera and zoom into: ap particular area, ifp possible please attach: a copy oft the document with the area indicated Please Provide a Brief Description of your Presentations format: that you need toz zoom into. AI laser lighti is available top pinpoint your area of projection. *** You can bringi in al laptop that will: allow video out to be connected at the lectern- set display to 60Mhz. for County Employees. ITEM TO BE CONSIDERED PRESENTATION OF THE PERFORMANCE AGREEMENT FOR CAROLINA PAPER CONVERTERS, INC. Please see the attached performance agreement between Stanly County, the Town of Oakboro and Carolina Paper Converters, Inc. for your review and consideration. Hold the public hearing Request Board approve, modify or deny the performance agreement Signature: Date: Dept. Attachments: Yes Certification of Action Certified to be a true copy of the action taken by the Stanly County Board ofCommissioners 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 PERFORMANCE AGREEMENT: BETWEEN STANLY COUNTY, NC, THE TOWN OF OAKBORO, NC. AND CAROLINA PAPER CONVERTERS, INC. STANLY COUNTY: Stanly County Board of Commissioners: 1000 N. First Street, Suite 10 Albemarle, NC 28001 Town ofOakboro 109- A North Main Street Oakboro, NC 28129 Carolina Paper Converters, Inc. 349 South Main Street Oakboro, NC: 28129 TOWN OF NORWOOD: COMPANY: This agreement made and entered into this the day of January, 2013 by and among The County of Stanly, a body politic and corporate ofthe State of] North Carolina (appearing hereinafter as "County"), The Town of Oakboro, a municipal corporation of the State of North Carolina (appearing hereinafter as "Town"), and Carolina Paper Converters, Inc., a North Carolina Company licensed to do business within the United States and North Carolina (appearing hereinafter as "Company"). WITNESSETH THAT WHEREAS, the County and Town have offered to the Company an inducement package as WHEREAS, but for the offer ofincentives the Company would not be expanding its facility within WHEREAS, the Company has agreed to meet and continue meeting the minimum investment and NOW, THEREFORE, the parties hereto in consideration of these mutual covenants and agreements hereinafter set forth; and Stanly County; and employment requirements as hereinafter set forth; passing from each to the other do hereby agree as follows: 1. INDUSTRIALI INVESTMENT AND EMPLOYMENT AGREEMENT A. PROJECT SCOPE: The Project is described in Schedule A. (see attached) B.I INVESTMENT: The Company shall invest a minimum of $1,000,000 in addition to the fiscal year (defined as July 1 to June 30) 2012-2013 assessments in real and taxable business personal property. The Company shall maintain the minimum taxable investment for a period ofa at least five years through and including fiscal year 2017-2018. Iftotal increase of taxable investment shall fall below the minimum investment levels due to removal of equipment as assessed by the Stanly County Tax Assessor, the amount ofthe following annual installment will be reduced by aj pro-rata percentage oft the shortfall C.EMPLOYMENT: At the expiration of this agreement, the Company shall employ the equivalent of eight (8), new: full-time employees in accordance with "Schedule A" below. Employees counted toward this total shall include new employees of the Company with a hire date of July 1, 2012 or later, provided such employees are located in Stanly County on a full time basis. Employees oft the Company will be eligible to participate in Company sponsored health insurance and retirement programs. Proof of employment shall be provided in the form of a notarized statement from an officer within the Company and will be verified by the County with the North Carolina Employment Security Commission. For purposes of this section "8 full-time employees" shall be defined as 8 actively employed individuals and shall not include vacant positions for which the Company is actively or otherwise recruiting. It is understood that vacancies occur and that when such occur the Company will immediately, or as soon as is reasonably possible thereafter, fill the D.C GRANT PARTICIPATION: The Company agrees to partner, through the commitment to create new jobs, with the Town, County and other applicable agencies to apply for grants in order to facilitate the successful completion of this project. The Company agrees to meet with program representatives, and to participate in the grant request process as necessary to secure the required funding. The Company shall be liable for, or required to, provide a financial contribution in order E.S STATUTORY COMPLIANCE: The Company understands that the County's participation is vacancy. to secure said funding for building improvements. contingent upon compliance with N.C. General Statute 158-7.1. 2. INDUCEMENT PACKAGE A. COUNTY COMMITMENT (1.) COUNTY INDUCEMENT GRANT: The County, upon completion of this agreement, shall provide to the Company an inducement to offset additional investment in capital equipment, taxable business property and additional machinery and equipment in an amount equal to 50% of assessed value on the new investment over a five year period. The first installment shall occur during November of the 2013 calendar year upon receipt of proof that the minimum employment and investment numbers (Section 1 above) have been met and that all past and current local property taxes on the real and business personal property owned by the Company and located within Stanly County have been paid. Proof of investment and tax payment shall be a verified copy of a tax receipt from the County Tax Collector. Proof of employment shall be a notarized statement by an officer within the Company. Subsequent annual installments will occur during the month of November for the term of this agreement, provided proof of payment of all property taxes and verification of employment and investment levels has been submitted to the County. B. TOWN COMMITMENT (1.) TOWN INDUCEMENT GRANT: The Town, upon completion of this agreement, shall provide to the Company an inducement to offset additional investment in capital equipment, taxable business property and additional machinery and equipment in an amount equal to 50% of assessed value on the new investment over a five year period. The first installment shall occur during November of the 2013 calendar year upon receipt of proof that the minimum employment and investment numbers (Section 1 above) have been met and that all past and current local property taxes on the real and business personal property owned by the Company and located within the Town of Oakboro have been paid. Proofofinvestment and tax payment shall be a verified copy of at tax receipt from the County Tax Collector. Profofemployment shall be a notarized statement by an officer within the Company. Subsequent annual installments will occur during the month of November for the term of this agreement, provided proof of payment of all property taxes and C.GRANT PARTICIPATION: The County and Town agree toj partner, through the commitment to create new jobs, with the Company and other applicable agencies to apply for grants in order to facilitate the successful completion of this project. The County and Town agree to meet with program representatives, and to participate in the grant request process as necessary to secure the required funding. The County and Town shall be liable for, or required to, provide a financial contribution in order to secure said funding for building improvements or other applicable aspects verification ofe employment and investment levels has been submitted to the City. oft the project requiring grant funding. 3. EXPANSION OPPORTUNITY Participation in this agreement shall not exclude the Company from consideration for additional incentives from either the Town or the County either during or upon completion of this agreement. Future projects shall be considered on a case-by-case basis and induced at the discretion of the County and/or Town based on new taxable investment and job creation in excess of the minimum levels outlined in "Section 1" above. Any such agreement shall require a separate "Performance Agreement" which shall conform with all relevant State Statutes. 4. PROOF AND CERTIFICATION The officials of all parties to this Agreement shall furnish the necessary reports and certificates to verify that each party's respective goals are met. Once the Company maintains its investment and employment goals for the term oft this agreement it will no longer need to furnish these reports. Acceptable forms of proof for taxable investment shall be the records of the County Tax Assessor. Acceptable forms of proof of payment of taxes shall be in the form of cancelled checks, and/or receipts of payment from the County Tax Collector. Acceptable forms of proof for employment numbers shall bei in the form ofai notarized statement from an officer within the Company. 5. REMEDY A. INDUCEMENT PACKAGE: Ifthe County or Town does not meet and maintain the terms set forth in the inducement package, the Company has the option to reduce the amount ofits investment and employment package by a pro-rated share upon thirty (30) days written notice to the County B. DELAY OF INCENTIVE INITIATION: If the Company does not meet employment and investment goals enumerated above by November 30, 2013, the onset of this agreement may be delayed one (I)year, at the option of the Company. Written notification ofa request to delay onset must be received by the County no later than December 15, 2013. This agreement shall initiate no C. INVESTMENT AND EMPLOYMENT PACKAGE: If the Company does not meet and maintain either the investment or employment goals within the annual timetable set forth in this agreement, and does not opt to delay the onset ofthis agreement as described above, then the county will reduce the annual installment payment on a pro-rata basis until such time as the Company once again meets both the investment and employment goals. Pro-rata reduction shall be computed based and Town. later than January 1,2014, and shall expire no later than June 30, 2019. on the percentage of the goal not met. Ifboth investment and employment goals are not met, the larger percentage of shortfall will be applied. In order to qualify for the full reimbursement, both investment and employment must meet or exceed the minimum standards outlined above. 6.S SEVERABILITY If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remaining terms, or provisions of this Agreement shall not be affected thereby; and in lieu of such illegal, invalid or unenforceable term or provision, there shall be added by mutual agreement to this Agreement, a legal, valid, or enforceable term or provision, as similar as possible to the term or provision declared illegal, invalid, or unenforceable. 7. COMPLIANCE WITH THE LOCAL GOVERNMENT BUDGET AND FISCAL All appropriations and expenditures pursuant to this agreement shall be subject to the provisions of the Local Government Budget and Fiscal Control acts of the North Carolina General Statutes for cities and counties and shall be listed in the annual report submitted to the Local Government CONTROL ACTSOF NORTHCAROLINA GENERALSTATUTES Commission by both the County and the City. 8. GOVERNINGI LAWS This Agreement shall be governed and construed by the Laws oft the State ofl North Carolina. AGREEMENT REVIEWED AND ACCEPTED BY: Mr. Don Russell President and CEO Carolina Paper Convertors, Inc.. Date Attest: Title: Date Mr. Gene McIntyre Chairman Stanly County Commissioners Date Attest: Tyler Brummitt Clerk to the Board Stanly County Commissioners Date Mr. Danny Long Mayor Town ofOakboro Date Attest: Date Town Clerk Town ofOakboro "Schedule A" Project Scope The company, Carolina Paper Converters, Inc., will invest in additional capital equipment in the form of a fully automated, high-speed converting machine. It will be located at their facility at Carolina Paper Convertors, Inc. was founded in 1999 in Oakboro, North Carolina. The Carolina Paper Company is a national supplier of paper products, particularly bath tissue, roll tissue and roll towels. Its product line includes the Ecowise line of branded, envirommenaly-fiendly paper goods. CPC has long been a leader in developing and adopting "best practices," and in embracing new technology to improve efficiency and reduce waste in the production process. The project will provide appropriate equipment to support the processes already in place and is 349 South Main Street, Oakboro, NC28129. expected to significantly expand their production capacity. Stanly County Board of Commissioners SIANIN Meeting Date: January 7,2013 Presenter: Commissioner Asciutto 3 COUNTY Consent Agenda Regular Agenda Presentation Equipment: Lectern PC* Lectern VCR J Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows XP and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity andi Network connectivity ** Ify youl have need to use the Document Camera and zoomi into a particular area, ifp possible please attach: a copy oft the document with the area indicated Please Provide a 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 ina a laptop that will allow video out tol be connected att thel lectern- set display to 60Mhz. for County Employees. ITEM TOI BE CONSIDERED PROPOSED ANIMAL CONTROL ORDINANCE BOARD OF HEALTH FOLLOW-UP Presented for information only. 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 X Review Process Approved Yes No Initials Finance Director County Attorney County Manager Other: Budget Amendment Necessary Tyler Brummitt, Clerk to the Board Date Revised 10/19/2007 Stanly County Board of Commissioners STANIN Meeting Date January 7,2013 Consent Agenda Regular Agenda COUNTY Presenter: Andy Lucas, County Manager ITEM' TO BE CONSIDERED Bridge to Recovery Request Attached please find a letter from Jim Allred, Chairperson for the Bridge to Recovery Board. Information regarding the Bridge to Recovery organization is also included for reference. Due to the legal issues associated with releasing the 2011 tax obligation, a possible alternative for the Board to consider is a one-time capital start-up grant fort this non-profit organization. The Board provided a The $1,270 one-time grant can be covered by expenditure efficiencies in the Governing Body and similar one-time grant to Homes ofHope in a previous fiscal year. Contingency budgets. Consider the approval ofa one-time capital start-up grant in the amount of $1,270 for Bridge to Recovery and the associated budget amendment. Signature: Date: 01/07/2013 Andy Lucas Dept Central Administration Attachments: X 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 December 16, 2012 County of Stanly Tax Assessor Attention: Melia M. Miller 201 S. Second Street Albemarle NC 28001 Re: 2011 tax bill for Bridge To Recovery To Stanly County Board of Commissioners: We as representatives of Bridge To Recovery are requesting a waiver for the 2011 tax bill in light of our status as a 501 C-3 non-profit, granted in February 2009; and also the recognition of our beginning operation on October 28, 2011. Since opening wel have During thel billing cycle for 2011 tax bill the correct billing address was not given to the tax department and the bill was mailed to Mr. James Potts, who was no longer the chairperson oft the board at the time the bill was due. We apologize for this error on our Any consideration you can give in waiving the 2011 tax bill will be appreciated. Thank served over 120 men. part. you for serving the: need on the people of Stanly County. Sincerely, y Allred, Chairperson Board of Recovery Board History & Philosophy of Bridge to Recovery The Bridge to Recovery is a ministry to men who are dealing with alcohol or drug addiction and have expressed the desire for recovery. We receive men who are waiting to enter a treatment program and provide a clean, safe, Christian environment during their In May 2010, we were able to purchase a house and 7 acres ofl land in Western Stanly County. On October 28, 2011, we received our first client. As ofDecember 1, 2012, we have served over 120 clients. Seventy-five percent have been sent to faith based treatment ministries. Asar result, we have been privileged tosee and hear many success stories. The average: stay at BTR is 7-10 days. While their stay is relatively short, itis waiting time. We provide housing, transportation and counseling. the most critical time during the treatment process. Organizational Structure Our organizational structure operates as a 501 C-3 non-profit faith based ministry, under the direction and guidance ofa a 14-member board of directors. Ofthe 14 members, 4 denominations are represented, 4 United Methodist Church pastors serve as well as a professional psychologist who serves as a drug counselor in Stanly Memorial Hospital. Also a highly respected attorney serves on the board. The board isi inter-racial and most significantly comprised of people who see this as a vital partof their ministry. We are confident that most of the 120 plus men who have been served in the past 13 months would not have received treatment due to their lack of financial resources, lack of an advocate or would have simply "fallen off the wagon" when they returned from detox to the streets or the old environment. As a result, we. have dozens and dozens of success stories of men returning to families, the workplace, and to a life of faith. Target Group Our target group serves men 18 years and older with the median age of 28 whom are seeking help in getting out oft the pit ofa addiction. This ministry serves as a safety net during the waiting time between detox and treatment. About 35% of the clients are Stanly County residents; 60% are from the Central Piedmont: area ofNC (Predominant counties are Mecklenburg, Gaston, Cabarrus, Rowan, Davidson, Forsyth, Guilford, Richmond, Union, Anson and Montgomery); 5% of clients come from out ofs state. Long Range Goals 1. Provide more intensive counseling 2. Provide community education 3. The establishing ofas similar ministry for women Revised 07/07/2003 AMENDMENTI NO: 2013-17 STANLY COUNTY-BUDGET AMENDMENT BEI 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, 2013: To amend the General Fund, the expenditures are tol be changed as follows: CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 15,000 $ 6,600 110,000 131,600 $ FUND/DEPART ACCOUNT NUMBER 110.4110 110.4110 110.9910 110.9000 ACCOUNT DESCRIPTION AS NUMBER 491.300 Centralina COG 491.700 Rocky River RPO 991.100 Contingency 630.093 Bridge to Recovery (760) $ 14,240 (75) (435) 1,270 6,525 109,565 1,270 $ 131,600 TOTALS This budget amendment is justified as follows: This will result in a net increase of $ To transfer funds to Special Appropriations for Bridge to Recovery. 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 willl be received in thisf fiscal year. CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED FUND/DEPART ACCOUNT NUMBER ACCOUNT DESCRIPTION AS NUMBER TOTALS e SECTION:2. Copies of this amendment shall be furnished toi the Clerk of the Board of Commissioners, Budget Officer, andt to the Finance Director. Adopted this day of 20_ Verified by the Clerk oft the Board_ Department Head's Approval FinarceD DirectorksA Eka County Manager's Approval Date 1--13 Date Date Posted by Journal No. Date 1/2/2013 11:19A AM BA: 2013-17.xlsm Revised 10/19/2007 Stanly County Board of Commissioners STANIN Meeting Date January 7,2013 Andy Lucas, County Manager ITEM TO BE CONSIDERED COUNIY Consent Agenda Regular Agenda Presenter: Emergency Courthouse Elevator Repair and Other Cost Saving Upgrades The "jack" in one of the Courthouse elevators is leaking hydraulic fluid. The elevator has been shut down to avoid an accident and possible injury. An emergency. jack repairi is needed to expedite the repair oft the elevator for public use at the Courthouse. Additionally, the elevators at the Courthouse are: forty- three (43) years old and need upgrades. While the contractor is mobilized for the emergency jack repair, significant cost savings for these upgrades can be achieved. The emergency repair and cost saving Please note, contingency funding ofi roughly 10% has been added to the budget amendment to cover any upgrades quote is attached. unforeseen repair issues. Consider the approval of the emergency jack" repair and other cost savings upgrades for the Courthouse elevators and the associated budget amendment. Signature: Date: 01/07/2013 Andy Lucas Dept Central Administration Attachments: X 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 Thyssenkrupp Elevator Americas Charlotte Service Branch Thyssenkrupp January 2, 2013 Mr. Andy Lucas- County Manager Stanly County, North Carolina 1000 North First Street - Suite 10 Albemarle, NC: 28003 Dear Mr. Lucas: RE: Stanly County Courthouse Elevator Repairs -"UNSAFE" condition In our recent discovery of the significant loss of oil in the system (elevator # 1), the reason for the missing oil could not be determined by visual inspection and therefore was deemed an underground leak int the jack cylinder. Int this circumstance, the unit must immediately be taken out of service (lock out/tag out) and tag disconnect with warning tag that states DANGER - UNSAFE CONDITION". The unit is to remain out of service until cause is determined, corrected and tested per ASME A17.1 by relief valve setting and system pressure test and cylinder leak down test. The replacement of the single-bottom jack cylinder with a double-braced, jack cylinder will resolve this and the elevator would be returned to a safe condition. Elevator # 2 also contains a single-bottom cylinder and it is strongly recommended that it be replaced as well to prevent future liability. Sincerely, Michael Boerner Branch Manager Thyssenkrupp Elevator Corporation 2440V Whitehall Park Drive, Suite 500, Charlotte, NC2 28273 Telephone: 09WP-AI.pVASh00N (866) 228-6590 E-mail: msapeysenopp.on Internet: w.lhysenhupeealercom ThyssenKrupp Elevator Modernization Department / Stanly County Courthouse 201 South 2nd Street Albemarle, NC: 28001 Modernization Quote Matthew Springer Modernization: Specialist Telephone: 707-529-1000 Fax: 866-228-6590 E-mail: MPdPAEM.N ThyssenKrupp Elevator Corporation 2440Whitehall Park Drive, Suite 500 Charlotte, NC28273 Internet: w.yserwuppeato. .com Thyssenkrupp Elevator Modernization Department January 2, 2013 Stanly County Courthouse 201 South 2nd Street Albemarle, NC 28001 Re: Elevator Modernization Dear. Jerry, Wev would like top provide you with our bid package for the modernization oft two (2) Dover hydraulic passenger elevators located at the Stanly County Courthouse. Ourb bid is based on the 2010 Elevator The typical lifespan of al hydraulic elevator is between 20 and 25) years. Once an elevator reaches and surpasses this benchmark, the operation of the system startst to degrade which affects the performance and capabilities of thee elevator. Your existing elevator controllers were installed in 1990 which puts them int their 23rd year of operation and the existing pump unit was installedi in the 1970's. Based on their Code requirements. current age and performance they are prime candidates for ar modernization. Several benefits from having ane elevator modernized include: 1. Increased efficiency through better dispatching. 2. Increased safety and reliability with state oft the art technology. 3. Less down time for shutdowns and repairs due to aging equipment. 4. Having your elevators upi to the most current code requirements. Please keepi in mind that ThyssenKrupp Elevator engineers and manufactures equipment specifically designed for eachj job out of ourf factory in Tennessee. Below is an approximate timeline to accomplish this: Matthew Springer Modernization Specialist Telephone: 707-529-1000 Fax: 866-228-6590 E-mail: mathew.sprirgergthyssenkrupp.com Thyssenkrupp Elevator Corporation 2440V Whitehall Park Orive Suite 500 Charlotte, NC2 28273 Internet:y wmanysernparalurson Schedule: 10-12 week lead time to engineer, fabricate and deliver the equipment from the time of executed contract and receipt of deposit 5-6 week installation time per elevator. Pricing and labor rates shall remain firm for thirty (60) days or subject to price adjustment. Again, Thyssenkrupp Elevator thanks you for the opportunity to provide this quote on this outstanding project. We look forward to working on this project withy you in the near future and; providing you with the finest elevator products in the industry today. Sincerely, Matthew Springer Modernization Specialist (704)529-1000 ThyssenKrupp Elevator Americas Thyssenkrupp Modernization Agreement SF Date: Purchaser: Address: 1/02/2013. Stanly County Courthouse 201 South Second Street Job Location: Stanly County Courthouse Job Address: 201 South! Second Street City/State/Zip: Albemarle, NC: 28001 City/State/Zip: Albemarle, NC: 28001 ThyssenKrupp Elevator is pleased to providet thei following quotef for the modernization oft thet two (2) hydraulic elevator at: Stanly County Courthouse 201 South Second Street Albemarle, NC: 28001 Ify you have any questions or concerns, please do not hesitate to contact me at (704) 529-1000. We appreciate your consideration. Sincerely, Matthew Springer Modernization Specialist clo ThyssenKrupp Elevator 2440 Whitehall Park Drive Suite 500 Charlotte, NC 28273 Mathnew.springer@tnyssenktupp.com TnyssenKrupp Elevator Americas Page 1of 10 TERMS AND CONDITIONS This Proposal is applicable to the Two hydraulic elevators located at Stanly County Courthouse. Ally work described int this Proposal will be performed in a workmanlike manner and will include all labor and material as specified herein. In all cases where a device or part of equipment is herein referred toi int the singular number, itisi intended that such reference will apply to as many such devices as arer required too complete the installation. INSTALLATION SEQUENCE AND SCHEDULE All work specified herein will be performed during regular working hours of regular working days as is customary in the elevator industry Ally verticalt transportation equipment described in this Proposal will be out of service and unavailable tor move passengers and/or property 7:30 am to 4:30 pm! Monday thru Thursday (except scheduled holidays). duringt the performance oft the work as specified. Priort to commencing our work, ThyssenKrupp Elevator will provide Purchaser with a works schedule. EXISTING EQUIPMENT QUANTITY: CAPACITY: SPEED: STOPS: OPENINGS: TRAVEL: MACHINE TYPE: MACHINE LOCATION: POWER SUPPLY: OPERATION: 2ELEVATOR 2500LBS. 150FPM 5 ELEVATOR 1: 5 FRONT 2 SIDE ELEVATOR 2: 5 FRONT APPROX: 45' PUMPING UNIT 480V3PH6OCYC HYDRAULIC REMOTE MACHINE ROOM AT LOWER LANDING SCOPE OFV WORK SECTIONI CONTROLS SECTIONII MACHINE ROOM EQUPMENT SECTION III HOISTWAY EQUIPMENT SECTIONIV FIXTURES SECTIONV DOOR EQUIPMENT SECTION VI GENERAL REQUIREMENTS Thyssenkrupp Elevator. Americas Modernization Agreement Page 2of10 SECTIONI :: CONTROLS AND DRIVE SYSTEMS TAC-32 CONTROL SYSTEMS Controller: The elevator control system shall be 32-bit microprocessor based and software oriented. The TAC32 control system provides the highest degree of flexibility for new installation and modernization projects. Itis a hydraulic control system that surpasses all others with increased efficiency and intelligent technology while being adaptable to meet specific needs of any low-rise building. The 32-bit microprocessor processes data at record speeds. It provides intelligent serial communications which reduces time and cost. Contains a user friendly on-board non- proprietary User Interface Tool (uIT) with unrestricted access. Robust and proven solid state technology. Comes ina a compact galvanized controller cabinet. Can easily interface with main lobby panel when low and high rise elevators operate in the same building with common hardware. Itp possesses a flexible design with 3 diagnostic port! locations for Intelligent Monitoring System (IMS). Increasedi reliability through the use of magnetic sensors for speed reduction inli lieu of hoistway switches. SECTION I: MACHINE ROOM EQUIPMENT Power Unit: Furnish andi install new: submersible power unit. A. Oil Pumping and Control mechanism shall be compactly and neatly designed with all of the components listed below combined ina self-contained unit; oil reservoir with tank cover and controller compartment with cover; Oildraulic pump; an electric motor; anoil control unit with the following components built into a single housing, a high pressure relief valve, check valve; an automatic B. The pump shall be especially designed and manufactured for Oildraulic elevator service. Its shall be of the positive displacement type, inherently designed for steady discharge with minimum pulsation to give smooth and quiet operation. Output of pump shall C. Drive shall be direct coupling with the pump and motor submergedi ini the oil reservoir or by multiple V-belts and sheaves of number ands size toi insure maximum factor of safety. Drive type shall be determined based primarily on the load on the car, travel, and D. Motor shall be especially designed for Oildraulic elevator service, of standard manufacture, and of the duty rating to comply with E. Oil control unit shall consist of the following components, all built into a single housing. Welded manifolds with separate vaive to accomplish each function will not be acceptable under this specification. Ail adjustments shall be accessible and shall be made F. Relief vaive shall be externally adjustable, and shall be capable of bypassing the total oil flow without increasing back pressure G. Up start and stop vaive shail be externally adjustabie, and designed to bypass oil flow during start and stop of the motor pump assembly. Valve shail close siowly, gradually diverting oil to orf from thej jack unit, insuring smocth up: starts and up stops. unloading ups start valve; al lowering andl leveling valve; and ar magnetic controller. noty vary moret than 10% between no loada andf full load ont the elevator car. speed. herein-specified speeds and loads. without removing the assembly form the oill line. more than 10% above that required to barely open the valve. H. Check valve shail be designed to close quietly without permitting any perceptibler reverse flow. . Lowering valve and leveling valve shaill be externally adjustable for drop-away speed, lowering speed, leveling speed and stopping speed to insure smooth "down" starts and stops. The leveling vaive shail be microprocessor based and protected from environmental extremes and excessivel libations. Thyssenkrupp Elevator. Americas Modernization Agreement Page 3of10 J. Oildraulic silencer (muffler device) shall be installed at the power unit location. It shall contain pulsation-absorbing. material insertedi inab blowout proof housing arranged for inspectingi interior parts without removing unit from oill line. Rubber hose without blowout prooff features will not be acceptable. SECTION III HOISTWAY EQUIPMENT Hydraulic, Jack:: We propose tor removet the existing cylinders. We will furnish andi install ar new double bottom cylinders per code. Ther new cylinders willl be incased ina PVCs sleave and bottom end cap. Int the eventt that sufficient space is not available to accommodate PVC sleave, the cylinder will be double wrapped with fiberglass or other protective material. The new cylinder will bei installed, plumbed, ando connected tot the Our proposal includes a sum for normal clean out of sand and soil from the existing jack hole. Ifv we should encounter an uncasedj jack hole, out of plumb existing! hole casing, or obstruction int the existing jack hole, itis understood by the ownert that the additional work to rectifyt thef foregoingt to facilitate thei installation oft the new piston andj jack hole assemblyi is beyond the scope oft this contract. Should such and obstruction or unusual condition be encountered, the Owners shall be notified immediately, and written authorization top proceed witht the excavation oft the elevator jack holes shall be obtained by the elevator contractor. The contract price shall be increased by the amount oft the existing oill line. We willf furnish andi install new hydraulic oil. additional labor and the actual cost ofa any additional materials. CAR Platform: Retain existing fabricated" frame off formed ors structural steel shapes, gusseted andr rigidly welded with av wood Sling: existing steels stiles affixed to a steel crosshead: and bolstered with bracing members tor remove strainf fromt the subfloor. Underside oft the platform shall bef fireproofed. care enclosure Guide! Shoes: Retain existing slide guides. Car Enclosure: Retaine existing NEW HOISTWAY OPERATING DEVICES Terminal stopping devices shall be provided to slow or automatically stop the car at the terminal landings and to automatically cut off power and apply the brake, should the car travel beyond the terminal landings. Rails Retain existing Guide Rails: Dry, un-lubricated: steel, fastened to the building with steel brackets. BUFFERS: Provide substantial buffersi int the elevator pit. mount buffers on continuous channeis fastened to the elevator guide rail or securely anchoredto the pitf floor. Provide extensions ifrequired byp project conditions. ThyssenKrupp Elevator Americas Modernization Agreement Page 4of 10 SECTION IV FIXTURES CARF FIXTURES: Car Operating Station: A main car control panel shall be provided in each car and shall contain the devices required for the specified operations. The lowest module shall contain the "door open", "door close", "emergency stop switch" and alarm button. Intermediate modules shall contain illuminated floor buttons which will illuminate when a call is registered and will remain illuminated until the call is answered. The top module shall contain the required switches. All raised floor indications and handicap symbols shall be located immediately adjacent to the floor buttons and fullyi integrated in the module design. No applied symbols shall be allowed. There shall be Car Position Indicator: An electronic digital position indicator shall be provided. As the car travels its' position in the hoistway shall be indicated by the illumination of the Alpha/Numeric character corresponding to the landing which the elevator is stopped or passing. CarF Riding Lantern: The carr riding lantern shall be installed in the column of the elevator cab adjacent to the main car station. The lantern, wheni illuminated, will indicate the direction oft travelf for which the cari is set. Thel lantern will illuminate and the signal will sound when the car arrives ata a floor where itv will stop. The lantern shall remaini lluminated until the doors start to close. Signal will sound once for "up"; nof floor indications or symbols ont the buttons. Audible floor passing tone will sound as each landingi is passed. twicef for "down". HALL FIXTURES: Landing Buttons: Riser(s) of landing push button stations shall be provided. Each intermediate station shall consist oft two illuminated push buttons with raised direction arrow, one for the up direction andt the other for the down direction. Each terminal station shall contain an lluminated push button with raised direction arrow. The buttons shall be lluminatedi toi indicate that a call has been registered at that floor Position Indicator: A digital position indicator shall be provided. The position indicator mounted adjacent tot the hoistway door entrance in accordance with code. As the car travels, it's position in the hoistway shall be indicated by the digital display to the landing which the for thei indicated direction. Surface mounted. elevator is stopped orp passing. SECTION V DOOR EQUIPMENT Door Operation: Provide a direct current motor driven heavy duty operator designed to operate the car and hoistway doors simuitaneously. The door control system shall be closed loop, all electronic and digital operation. The closed loop circuit shall give constant feedback on the position and velocity oft the elevator door. The motor torque shall be constantly adjusted to maintain the correct door speed based on its position and load. All adjustments and setup shall be through the computer based service tool. Door movements shall be electrically cushioned at both limits of travel and the door operating mechanism shall be arranged for manuai operation in event of power failure. Doors shall automatically open whent the car arrives att the landing and automatically close after an adjustable time interval or whent the car No Unnecessary Door Operation: Car door shall open only ift the car is stopping for a car or hall call, answering a car or hall call at Door Open Time Saver: Ifac car is stopping inr response to a car call assignment only (no coincident hall call), the current door hold opent time is changed to as shorterf fieldp programmable time whent the electronic door protection devicei is activated. Double Door Operation: When a car stops ata a landing with concurrent up and down hall calls, no car calls, and no other hall call assignments, the car door openst to answer the hall call int the direction of the car's currentt travel. Ifa an onward car calli is not registered beforet the door closest to within 6i inches off fully closed, the travel will reverse and the door will reopen to answer the Nudging Operation: The doors shallr remain open as long ast the electronic detector senses the presence ofap passenger or object int the door opening. Ifdoor movement is obstructed for a field programmable time, a buzzer will sound and the doors will close atr reduced speed. Ift the infrared door protection system detects a person or object whie closing, the doors will stop and resume Limited Door Reversal: Ift the doors are closing and an infrared beami isi interrupted, the doors will reverse andr reopen partially. Door Open) Watchdog: Ift the doors are opening, buto do not fully open aftera af field adjustabie time, the doors will recycle closed Door Close Watchdog: Ift the doors are closing, but do not fully close after afield adjustable time, the doors wil recycle open then is dispatched to another landing. 1. 2. 3. 4. 5. 6. 7. thep present or selected as the next car up. other call. closing, after the obstruction has been removed. After the obstruction is cleared, the doors will begin to ciose. then open six times to try and correct thef fault. close six timest tot try and correctt the fault. ThyssenKrupp Elevator Americas Modernization Agreement Page 5 of10 8. Door Close Assist: Whent the doors! havef failedt tof fully close anda are int ther recycle mode, the door drive motor shall have increasedt torque appliedt top possibly overcome mechanical resistance or differential air pressure and allowt the door to close. Door Protection Device: Provide a door protection system using 40 microprocessor controlled infrared light beams. The beams shall project across the car opening detecting the presence of a passenger or object. If door movement is obstructed, the doors shall immediately reopen. Ar mechanical reopening device shall not! be acceptable. Door Hanger and' Tracks: Provide sheave type two point suspension hangers andt tracks for each hoistway sliding door. 1. 2. 3. 4. Sheaves: Polyurethane tires withb ball bearings properly sealedt tor retain grease. Hangers: Provide an adjustable slidet to accommodate the up-thrust oft the doors. Tracks: Drawn: steel shapes, smooth surface and shaped to conform tot the hanger sheaves. Hall Doors: Reuse Existing Car Door: Furnish andi installr new Stainless Steel Car Doors. Interlocks: Each hoistway entrance shall be equipped with approved type interlock tested as required by Code. The interlock shall be designed to prevent operation oft the car away from the landing until the doors are locked int the closed position as defined by Code and shall prevent opening the doors at any! landing from the corridor side unless the cari is at rest at that! landing or isint the leveling zone and Hoistway Door Locking Device: Hoistway door unlocking devices as specified by the ASME A17.1 Code shall be provided to permit stopping att thatl landing. Interlocks shall bear Underwriters' Laboratories "B" label of approval.- authorized persons to gain access tot thel hoistway whent the elevator car is away from the landing. SECTION VI GENERAL REQUIREMENTS Wiring: Provide new traveling cable and hoistway wiring throughout project per ANSI A17.1. Required' Work Outside the Elevator Scope: Pleases see the attached sheet titled' "Required' Work By Others to Accompany Modernization Per Building Codes". Thev work listedi int this sheet willl be the responsibility oft the owner unless otherwise statedi int this agreement. TESTS Att the conclusion ofi its work described herein, ThyssenKrupp Elevator will perform Phase land Phase IIF Fire Service tests to ensure that the ThyssenKrupp Elevator will provide Purchaser with copies ofr reports generated in conjunction with completed tests. Thyssenkrupp Elevator will perform all tests described herein during regular working hours of regular working days asi is customary in the Should the Purchaser require performance of these tests outside the regular working hours of regular working days as is customary in the elevator industry, hyssenkrupp Elevator will provide Purchaser with a proposal top perform same ata an additional cost. Should your system require any of the safety tests on the commencement date of this agreement, Thyssenkrupp Elevator assumes no responsibility for the day-to-day operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms oft this agreement until the test has been completed and the equipment passed. Should the respective system fail any of those tests, its shall be your sole responsibility to make necessary repairs and place the equipment in a condition that we deem acceptable for further coverage under the terms of this agreement. We shall not be liable for any damage to the building structure or the elevator resulting from the performance of any safety tests we perform at any time under this agreement. If during the initial firefighter's service test, that feature isf foundt to bei inoperable, yous shall be responsible for all costs associated with necessary repair(s) to bring the elevator(s) equipment that ist the subject matter of this Proposal conforms to applicable codes. eievator industry 7:30 am to 4:30 pm (except scheduled holidays). into compliance with the applicable elevator codes iny yourl localj jurisdiction. CLEAN UP AND PURCHASER INSPECTION ThyssenKrupp Elevator Americas Modernization Agreement Page 60 of 10 At the conclusion ofi its work, Thyssenkrupp Elevator will remove all equipment and unused or removed materials from the project site and At the conclusion oft the work described herein but prior to turnover. Purchaser shall have the right toi inspect the quality of Thyssenkrupp leavei its work area inac condition that, in ThyssenKrupp Elevator's sole opinion, is neat and clean. Elevator's performance. WORK NOT INCLUDED There are certain items that are not included int this Proposal that must be completed by Purchaser prior to and as a condition precedent to Thyssenkrupp Elevator's performance of its work as described in this Proposal. Itis Purchaser's sole responsibility to coordinate the performance oft these items by Purchaser with ThyssenKrupp Elevator to ensure a successful completion of this project. The following isa The provision of suitabie connections from the power main to each controller and signal equipment feeders as required, including necessary circuit breakers and fused mainline disconnect switches per N.E.C. Suitable power supply capable of operating the new elevator equipment under all conditions. Wiring to the controller for car lighting. (Per N.E.C. Articles 620-22 and 620-51). The provision ofar means to automatically disconnect the main line and the emergency power supply to the elevator prior to the application of wateri int the elevator machine room will be furnished by the electrical contractor. This means shall not be self-resetting. The provision of wiring and conduit from life safety panel or any otherr monitor station to elevator machine room or suitable connection point int hoistway. The provision of a legal machine room, adequate for the elevator equipment, including floors, trap doors, gratings, foundations, lighting and a machine room temperature maintained between 50 and 90 degrees Fahrenheit, with a relative humidity less than 95% non- Ife entrances are replaced: the provision of adequate bracing of entrance frames to prevent distortion during wall construction. All sill supports, steel angles, sill recesses, and the grouting of doorsills. The provision of O.S.H.A compliant temporary enclosures or barricades Ther removal and disposal of asbestos containing material is the responsibility oft the owner. Itis is agreed thati in the event asbestos material isk knowingly or unknowingly removed or disturbedi in any manner at the jobsite, Purchaser will monitor Thyssenkrupp Elevator's work place and prior to and during our manning oft thej job, Purchaser will certify that asbestos inthee environment does not exceed. .01 fibers per ccas tested by NIOSH7400. Int the event Thyssenkrupp Elevator's employees ort those ofT Thyssenkrupp Elevator's subcontractors are exposed to an asbestos hazard, PCP's or other hazardous substances, Purchaser agrees toi indemnify, defend, and hold ThyssenKrupp Elevator The cutting and patching of walls, floors, etc. and removal of such obstructions as may be necessary for proper modernization of the Installation of heat and smoke sensing devices at elevator lobbies on each floor, machine room, and hoistways with normally open dry Thep provision of a dedicated telephone line to elevator controller. Note that the elevator telephone is required by code to be monitored 24 hours a day, 7 days a week. One additional telephone line per group of elevators for diagnostic capability wiredt to designated controller. Ifane emergency power supply will be provided to the elevator, the provision of a dry set of contacts must be provided which close 20 seconds prior to the transfer from normal power to emergency power or from emergency power to normal power whether int test mode or normal operating conditions. Automatic time delay transfer switch and auxiliary contacts with wiring to the designated elevator controller. TheF Purchaser's assurance that any governmentally required safety provisions not directly involved for elevator installation will bet followed. Thef furnishing, installing and maintaining the required firer rating of elevator hoistwaywalls, including the penetration of firewall by elevator The provision of a bonded ground wire, properly sized, from the elevator controller(s) to the primary building ground. Remote wiring to Payment for additional inspections of the elevator equipment by code authorities after the initial one should the elevator fail due toi items The provision of a dry and secure area adjacent to the hoistway(s) at ground levelf for storage of the elevator equipment at the time of delivery. The provision of adequate ingress and egress tot this area. Any relocation oft the equipment as directed by The Purchaser afteri its list oft thosei items that arer noti included int this proposa!: Dewatering and cleaning of elevator pit(s). condensing. asr needed. Protection must allow clearance for installation ofe entrance frames. harmless from all damages, claims, suits, expenses, andp payments resulting from: such exposure. elevator(s). contacts terminating ata a properly marked terminal int the elevator controller. Thep provision of ane electrical cross connections between elevator machine rooms for emergency power purposes. All painting, except as otherwise specified. Temporary elevator service prior to completion. fixture boxes, is not the responsibility of the elevator contractor. All work relating tot the flooringi including, but not limitedt to, itsi installation. outside alarm bell as requested by the Safety Codef for Elevators and Escalators (ASME 17.1)(where applicable). that are the Purchaser's responsibility, orf for assisting othersi inspecting equipment installed by others. initial delivery wil be at Purchaser's expense. Thyssenkrupp Elevator Americas Modernization Agreement The Purchaser. agrees to provide at no cost acranet tot hoist elevator equipment as needed. Page 7of1 10 All work described int this Proposal will be performed in accordance with the most current edition of any applicable national, state or local vertical transportation codes that are in effect at the time that this Proposal is fully executed. In the event that such code(s) change thereafter or should rulings by any code enforcement authorities extend the application of the code, the labor and materials necessary to ensure thatt the work describedi herein complies with such changes shall be performed ata an additional cost to Purchaser. ThyssenKrupp Elevator will prepare drawings and/or cut sheets, at ThyssenKrupp Elevator's sole discretion, showing the general This Proposal does not include any maintenance, service or repair of the equipment or any other work not expressly described herein. Thyssenkrupp Elevator will submit a separate proposal to Purchaser covering the maintenance and repair oft this equipment to be supplied ThyssenKrupp Elevator will provide Purchaser with two (2) complete sets of "made final" wiring diagrams including inputa and output signals ThyssenKrupp Elevator will furnish two (2) keys for each key switch specified herein at the time of turnover of the equipment that ist the The Purchaser agrees to pay, in addition tot the price of this Proposal, the amount of any additional taxes, fees or other charges exacted Upon notice from Thyssenkrupp Elevator that the work described herein has been completed, Purchaser will arrange to complete an inspection of the work with Thyssenkrupp Elevator and will provide Purchaser's final acceptance thereof in writing by Purchaser's duly authorized representative att that time ift the work is acceptable. The date and time for such an inspection shall be mutually agreed upon. In no events shall that inspection occur more than ten (10) business days after the date ofl Thyssenkrupp Elevator's written notice to Purchaser that the work herein has been completed, unless both parties agree otherwise, in writing. Immediately following its inspection oft the work, Purchaser's duly authorized representative shall execute Thyssenkrupp Elevator's "Final Acceptance" form(s) prior tot turnover and use of the equipment described in this Proposal. Purchaser shall not unreasonably delay or withhold such finali inspection ori its written acceptance ThyssenKrupp Elevator warrants the equipment iti instalis under this Proposal against defects in material and workmanship for a period of one (1) year from the date of Purchaser's execution of Thyssenkrupp Elevator's "Final Acceptance" form(s) mentioned above on the express condition thata allp payments made under both this Proposal and any mutually agreed-to change orders have been made inf full. This warranty is in lieu of any other warranty or liability for defects. Thyssenkrupp Elevator makes no warranty of merchantability and no warranties which extend beyond the description int this Proposal, nor are there any other warranties, expressed or implied, by operation of law or otherwise. Like any piece off fine machinery, this equipment should be periodically inspected, lubricated, and adjusted by competent personnel. This warranty is not intended to supplant normal maintenance service and shall not be construed to mean that ThyssenKrupp Elevator will provide free service for periodic examination, lubrication, or adjustment, nor will ThyssenKrupp Elevator correct, without a charge, breakage, maladjustments, or other trouble arising from normal wear and tear or abuse, misuse, improper or nadequate maintenance, or any other causes other than defective material or workmanship. In order tor make a warranty claim, Purchaser must give ThyssenKrupp Elevator prompt written notice att the address listed on the cover page oft this Proposal and provided all payments due under the terms of this Proposal and any mutually agreed to written change orders have been made in full, ThyssenKrupp Elevator shall, ati its own expense, correct any proven defect by repair or replacement. ThyssenKrupp Elevator will not, under any circumstances, reimburse Purchaser for cost of work done by others, nor shall ThyssenKrupp Elevator be responsible for the performance of any equipment that has been the subject of revisions or alterations by others. If there is more than one (1) unit which is the subject of work described in this ThyssenKrupp Elevator retains title to all equipment supplied by us ThyssenKrupp Elevator under this Proposal and a security interest therein, (which, iti is agreed, can be removed without material injury to the real property) until all payments under the terms of both this Proposal and any mutually agreed to-change orders, including deferred payments and any extensions thereof, shall have been made. In the event of any defauit by Purchaser with respect to any payment, or under any other provision of this Proposal, Purchaser authorizes ThyssenKrupp Elevator to take immediate possession of the equipment and enter upon the premises where iti is located (without legal process) and remove such equipment or portions thereof irrespective of the manner of its attachment to the real estate or the sale, mortgage, orl lease of the reai estate. Pursuant to the Uniform Commercial Code, at hyssenkrupp Elevator's request, Purchaser agrees toj join with Thyssenkrupp Elevator in executing any financial or continuation statements which may be appropriate for Thyssenkrupp arrangement oft the verticaltransportation equipment thati ist the: subject of this Proposal. to Purchaser ata an additional cost. subject oft this Proposal. att thet time oft turnover oft the equipment thati ist the subject oft this Proposal. from ThyssenKrupp Elevator on account ofa any lawe enacted after the date this Proposali is fully executed. oft the work. Proposal, this section shail apply separately to each unit as accepted. Elevator to file in public offices inc order top perfect its security interest ins such equipment. PAYMENT TERMS 25% of Agreement Amount to accompany executed copy of this Proposal 25% of Agreement Amount due upont the start oft the first elevator modernization. 25% of Agreement Amount due upon the start oft the second eievator modernization. 25% ofA Agreement Amount due upont the completion oft the: second elevator modernization. Finai payment is due on or before the day off finali inspection. Thyssenkrupp Elevator Americas Modernization Agreement Page 8 of1 10 Progress payments shall be duer not later than the fifteenth day of each month for labor andr materials furnished through the last day of the preceding month. This shall include materiais stored at the job site, at ThyssenKrupp Elevator's staging facility, or at any other location Purchaser designates at Purchaser's expense. Its shali also include any changes to the contract amount and extra work orderst tot the extent The remainder of the contract amount including changes and extra work orders is due at the time of completion and approval by local code-enforcement authorities (if applicable), but prior to turnover of the equipment by Thyssenkrupp Elevator to the Purchaser for use. If ThyssenKrupp Elevator reserves the right to discontinue its work at any time until payments have been made as agreed, and ThyssenKrupp Elevator has received assurance satisfactory toi itt that the subsequent payments will be made as they come due. Any payments not paid Int the event the Purchaser defaults on any payment, or on any other provision oft this Proposal, the unpaid balance of the Proposal price (including any change orders), less the cost of completing the work, as estimated by Thyssenkrupp Elevator, shall immediately become Int the event at thirdp partyi is retained to enforce, construe or defend any of the terms and conditions oft this Proposal or to collect any monies due hereunder, either with orv without litigation, the prevailing party shall be entitledt torecover all costs and reasonable attorney's fees. The Purchaser does hereby waive trial by jury and does further hereby consent that venue of any proceeding or lawsuit under this Proposal shall bei int the county in whicht the ThyssenKrupp Elevator branch officet that is performing the worki in question is located. ThyssenKrupp Elevator shall not be liable for any loss, damage, or delay caused by acts of government, labor troubles, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief, acts of God or any cause beyond its control. Thyssenkrupp Elevator shall automatically receive ane extension oft time commensurate with any delay regarding the aforementioned. Performance of this Proposal is contingent upon Purchaser furnishing Thyssenkrupp with any necessary permission or priority required under the terms and conditions of government regulations affecting the acceptance oft this order ort the manufacture, delivery ori installation Should loss of or damage to our materials, tools or work occur att the jobs site, Purchaser shall compensate Thyssenkrupp, unless such loss Certificates of Workmen's Compensation, Bodily Injury and Property Damage liability Insurance coverage will be furnished to Purchaser uponr request. The premium for any bonds ori insurance beyond Thyssenkrupp Elevator's standard coverage and limits will be an addition In consideration of ThyssenKrupp Elevator performing the services herein specified, Purchaser, to the fullest extent permitted by law, expressly agrees to indemnify, defend, save harmless, discharge, release and forever acquit ThyssenKrupp Elevator Corporation, ThyssenKrupp Elevator Manufacturing, Inc., their respective employees, officers, agents, affiliates, and subsidiaries (the "indemnified parties") from and against any and all claims, demands, suits, and proceedings brought against any indemnified party for loss, property damage (including damage tot the equipment whichi is the subject matter oft this Proposal), personal injury or deatht that are alleged to have been caused by the Purchaser or any others in connection with the presence, use, misuse, maintenance, installation, removal, modernization, manufacture; design, operation or condition of the equipment covered by this Proposal, or the associated areas surrounding such equipment. Purchaser's duty to indemnify does not apply to the extent that the loss, property damage (including damage tot the equipment whichi is the subject matter of this Proposal), personal injury or deathi is determined to be caused by or resulting from the negligence of ani indemnified party hereunder. Purchaser recognizes that its obligation tot thei indemnified parties under this clause includes payment of all attorney's fees, court costs, judgments, settlements, interest and any other expenses of litigation arising out of Purchaser also expressly agrees to name ThyssenKrupp Elevator Corporation and ThyssenKrupp Elevator Manufacturing, Inc., along with their respective officers, agents, affiliates and subsidiaries as additional insureds in Purchaser's liability and any excess (umbrella) liability insurance policy(ies). Such insurance must insure those additional insureds for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising from the negligence (including sole negligence) of those additional insureds. Such insurancer must specifyt thati its coverage is primary andr non-contributory. Purchaser hereby waives the right of subrogation. By executing this Proposal, Purchaser agrees that in no event shall ThyssenKrupp Elevator bel liable for any consequential damages of any Purchaser's acceptance of this Proposal and its approval by an authorized manager of hyssenkrupp Elevator will constitute exclusively and entirely the Proposal for the goods and services herein described. All other prior representations or Proposals, whether written or verbal, will be deemed to be merged herein and no other changes in or additions tot this Proposal will be recognized unless madei iny writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this Proposal will exclusively govern the relationship of the parties with respect to this transaction, even in the event ofa conflict. No agent or employee shall have the authority to waive or modify any of the terms of this Proposal without the prior written Ifa any drawings, llustrations or other descriptive materials were furnished in conjunction with this Proposal, they were intended solely as approximations and to illustrate the genera! style and arrangement of equipment being offered and shouid, under no circumstances, be completed. Time is oft the essence. therei isr more than one unit int this contract, final payment shall be made separately as each unit is completed. when due shall bear interest at 11 1/2 %p per month ort the highest legalr rate, whichever is less. due and payable. oft the equipment. or damage is caused solely by ThyssenKrupp Elevator'sr negligence. tot the Proposal's price. such claims ork lawsuits. type ork kind under any cirçumstances. approval of ana authorized" Thyssenkrupp Elevator manager. relied uponf fort their accuracy. Thyssenkrupp Elevator Americas Modernization Agreement Pages 90 of 10 Price: On behalf of ThyssenKrupp Elevator Corporation Thyssenkrupp Elevator"), am pleased to quote $180,720.00 to perform certain work to modernize the two (2) hydraulic elevators at the aforementioned location as described int this multi-page proposal (he "Proposal"). This Proposal is valid for 60 days, and is based on the general intent of the bid letter. Project completion must occur on or before December 31, 2013, ort the Purchaser agrees, by executing this Proposal, that the labor and material contained in this Proposal will be subject to escalation. Purchaser: Thyssenkrupp Elevator Corporation 2440V Whitehall Parkl Drive Suite 500 Charlotte, NC: 28273 By: Matthew Springer (704)529-1000 Date Submitted: Approved by: Title: Branch Manager STANLY COUNTY COURTHOUSE By: (Signature of Authorized Individual) (Printed or Typed Name) (Signature of ThyssenKrupp Representative) Title: Date: Date: Thyssenkrupp Elevator Americas Modernization Agreement Page 10of1 10 Revised 07/07/2003 AMENDMENT NO: 2013-21 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 fort the fiscal yeare ending June 30, 2013: To amend the General Fund, the expenditures are to be changed as follows: CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED FUND/DEPART ACCOUNT NUMBER 110.4260 ACCOUNT DESCRIPTION AS NUMBER 351.000 Rep & Maint- Bldg & Grounds $ 130,000 $ 200,000 $ 330,000 TOTALS $ 130,000 $ 200,000 $ 330,000 This budget amendment is justified as follows: This will result in a net increase of $ 200,000 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 willl be received in this fiscal year. CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED FUND/DEPART ACCOUNT NUMBER 110.3991 ACCOUNT DESCRIPTION AS NUMBER 990.000 Fund Balance Appropriated $ 551,474 $ 200,000 $ 751,474 TOTALS $ 551,474 $ 200,000 $ 751,474 SECTION2. Copies of this amendment shall be furnished to the Clerk oft the Board of Commissioners, Budget Officer, and to the Finance Director. Adopted this day of 20 Verifiedyoy the Clerk oft the Board_ 1-a1 Date /-3-13 Date Date Posted by Journal No. Date a County Manager's Approval 1/2/20133:341 PM BA 2013-21.xlsm Revised 10/19/2007 n Stanly County Board ofCommissioners STANINY Meeting Date: January 7, 2013 Consent Agenda COUNIY Presenter Andy Lucas ITEM TO BE CONSIDERED Oakboro Wastewater Treatment Plant Discussion The Town of Oakboro has formally approached the Board of Commissioners about the possibility of taking ownership of Oakboro's current wastewater treatment assets. The Town of Oakboro is interested in working to assist Stanly County with assessing the feasibility oft the County assuming ownership of the plant, transmission lines, pump station(s) and outfall lines. The Town ofOakboro would retain Staff recommends contracting with Chambers Engineering to carry out the scope of services identified in Additionally staff recommends appointing a sub-committee oft the Board to: review status reports from the contract engineer and meet with elected representatives from Oakboro, Locust and Stanfield to ownership oft their sewer collection system. the attached document. expedite the evaluation process. 1. Consider, discuss and establish aj process and scope for evaluating the feasibility ofownership 2. Authorize staff to negotiate a contract with Chambers Engineering to carry out the proposed 3. Approve the associated budget amendment to provide funds for the aforementioned valuation. scope of work. Signature: Andy Lucas Date: 01/02/2013 Dept: Central Administration Attachments: yes Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on no Review Process Approved Yes No Initials Finance Director County Attorney County Manager Other: Budget Amendment Necessary Tyler Brummitt, Clerk to the Board Date Tyler Brummitt From: Sent: To: Cc: Subject: Doug Burgess dburgess@oakporo.com, Tuesday, December 18, 20121:08PM Andy Lucas; mayor@locusinc.com; arycaucom@homal.om: tim.fespermen@locustnc.com; Lex Warmath; KcaDe@remanniecom Georgia Harvey; ane/cnareston@atine: Doug Burgess Fwd: Fw: Notice ofi intent Stanly County Board of Commissioners, Mayor Steve Huber, Mayor Kevin Barbee, The Oakboro Board of Commissioners have decided to enter into discussions with Stanly County in regards to the Ownership of the Waste water Treatment plant that currently serves the Western Stanly County area. The board recognizes the Treatment plant has numerous stakeholder and the fact we are currently under contract to serve the County, Locust and Stanfield for approximately 3 more years. Wei recognize the future growth in Stanly County has many responsibilities associated with infrastructure and capacity. We all may be better served with a larger entity than Oakboro owning the Treatment Plant. We also recognize our duty to ensure equal and fair treatment to all stake holder in the western Stanly County area. Oakboro's intent is to secure an agreement that benefits the western Stanly county area as a whole and treats all stake holders fairly. We will keep all advised as the discussions proceed and all constructive comments will be appreciated and Sincerely, Doug Burgess Town Administrator considered by the Oakboro Town Board. Chambers Engineering. PA Mr. Andy Lucas, County Manager County of Stanly 1000-10 North First Street Albemarle, NC: 28001 Re: Facility Evaluation Study Dear Mr. Lucas, 1/3/2013 Town of Oakboro Wastewater Facilities In accordance with our most recent conversation please find herein an initial proposed Scope of Services and corresponding proposed fee allocation. Services are contemplated for thee evaluation of certain wastewater facilities, including but not limited to treatment works and conveyance facilities, under current ownership of the Town of Oakboro. Further, iti isi my understanding that thep proposed facility evaluation should address all factors and conditions affecting a possible transfer of assets and finally provide recommendations. concerning valuation of assets for transfer, proposed future operational requirements and evaluationof future user rates tos substantiate any acquisition of assets by Stanly County. With that would propose thef following general Scope of Services: 1. Pre-Study Meetings and Interviews with Stanly County and The Town of Oakboro a. Develop program objectives 2. Identification of all Study Facilities a. Treatment Works (TW) b. Conveyance/ Transportation Facilities (CTF) 3. Evaluation of Study Facilities a. Operational assessment b. Identification of any deficient facilities and/ or system components Identification of any deferred maintenance items d. Review/ analysis of current Operations & Maintenance (0&M) activities e. Identification of any current Notice of Violations (NOV's) or other regulatory actions a. Review of Town of Oakboro audited financials ins sufficient detail to identify all study facilities 4. Audited Financials capital sources, debt service requirements and current book values. PO. Box 1726-1 129 N. First St. Albemarle, NC: 28002-704-984-6427 NCBELS Firm License No. C-1660 5. Regulatory Requirements 6. Future 0&M Requirements 7. - Valuation Analysis a. Identification of all regulatory requirements/ issues concerning proposed transfer of assets. b. Review of Laboratory requirements a. Development of proposed future 0&M budget based onasset transfer b. Personnel andr regulatory certlicationrequrements, a. Valuation of study assets based on the determination ofitems 1-6 above in the following formats: Book Value ii. Replacement Value i. Income Approach 8. Rate: Study a. Perform user rate analysis tos substantiate any proposeda asset transfer for all proposed valuation methods presentedi ini item 7 above. To accomplish certain portions of the above Scope of Services iti is contemplated that Chambers Engineering, PA will employ thes services of Raftelis Financial Consultants, Inc. asasub-consultant. Asy you may be aware, Raftelis has been engaged with the Town of Oakboro over the past year or soi in an effort to develop wholesale user rates fort thel West Stanly area. Ihave been in contact with Raftelis ini this regard and they are agreeable to being at team member for this study. Proposed fees for the above preliminary Scope of Services is presented asf follows: 1. Pre-Study Meetings and Interviews 2. Identification of all Study Facilities 3. Evaluation of Study Facilities 4. Audited Financials 5. Regulatory Requirements 6. Future 0&M Requirements 7. Valuation Analysis 8. Rate Study $3,000 $3,200 $24,900 $6,000 $3,150 $4,650 $18,000 $15,000 The above fees are presented as Not to Exceed amounts with reimbursement based on direct hourly involvement Again, thank yout for the opportunity to provide this information. l'am available aty your convenience should you andi normal reimbursable expenses. needa additional information. Sincerely, hescie Stephen G. Chambers, PE President Revised 07/07/2003 AMENDMENT NO: 2013-22 STANLY COUNTY-BUDGET AMENDMENT BE IT ORDAINED byt the Stanly County Board of Commissioners that the following amendment be made tot the annual budget ordinance for the fiscal year ending June 30, 2013: To amend the General Fund, the expenditures are to be changed as follows: CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED FUND/DEPART ACCOUNT NUMBER 110.9800 ACCOUNT DESCRIPTION AS NUMBER 981.641 To Utility Operating Fund $ $ 27,900 $ 27,900 TOTALS $ 27,900 $ 27,900 This budget amendment isj justified as follows: water treatment plant in Oakboro. To appropriate funds for transfer to Utility Operating Fund to help cover the cost of assessing the value oft the waste This will result in ar neti increase of $ 27,900 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 fiscal year. CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED FUND/DEPART ACCOUNT NUMBER 110.3991 ACCOUNT DESCRIPTION AS NUMBER 990.000 Fund Balance Appropriated $ 751,474 $ 27,900 $ 779,374 TOTALS 751,474 $ 27,900 $ 779,374 SECTION2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners, Budget Officer, and to the Finance Director. Adopted this_ day of 20 Verified by the Clerk oft the Board_ Departmen! Head's Approval LKa Date -3-13 Date Date Posted by Journal No. Date County Manager's Approval 1/3/2013 10:55AM BA2013-22.xism Revised 07/07/2003 AMENDMENT NO: 2013-19 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, 2013: To amend the Utility Operating Fund 641, the expenditures are to be changed as follows: CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED FUND/DEPART ACCOUNT NUMBER 641.7120 ACCOUNT DESCRIPTION AS NUMBER 199.000 Other Professional Services $ 77,900 $ 77,900 TOTALS $ $ 77,900 $ 77,900 This budget amendment isj justified as follows: value of the waste water treatment plant in Oakboro. To appropriate funds from retained earnings and a transfer from the General fund to cover the cost of assessing the This will result in a net increase of $ 77,900 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues will bei increased. These revenues have already been received or are verified they will be received in thisf fiscal year. CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED 50,000 $ 50,000 $ 100,000 50,000 $ 77,900 $ 127,900 FUND/DEPART ACCOUNT NUMBER 641.3991 641.3980 ACCOUNT DESCRIPTION AS NUMBER 990.100 Retained Earnings Approp. $ 980.110 From General Fund 27,900 27,900 TOTALS $ 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 of the Board Deparment Head's Approval Lhe Date /-3-13 Date Date Posted by Journal No. Date County Manager's Approval 1/3/2013 10:45A AM BA: 2013-19.xism Revised 10/19/2007 Stanly County Board ofCommissioners SIANIN Meeting Date: January 7,2013 Consent Agenda Regular Agenda COIMTY Presenter Andy] Lucas ITEM' TOE BE CONSIDERED Board's Annual Strategic Planning The last four (4): years the Board has held a local, one day planning retreat to discuss the current year and set priorities for the next fiscal year and beyond. Iti is recommended the Board hold a retreat again this fiscal year. The Board may also want to consider contracting with a facilitator for the meeting. Possible dates for the retreat are: Friday, February 15 or Friday, February 22 1. Consider and approve holding a one-day planning retreat at a location w/in Stanly County 2. Consider and approve a date for the retreat 3. Consider and determine the need for a facilitator Signature: Andy Lucas Date: 01/02/2013 Dept: Central Administration Attachments: yes Certification of Action Certified tol be a true copy oft the action taken by the Stanly County Board of Commissioners on no Review Process Approved Yes No Initials Finance Director County Attorney County Manager Other: Budget Amendment Necessary Tyler Brummitt, Clerk to thel Board Date Stanly County Board ofCommissioners Meeting Date: January 7,2013 SIANIN COUNIY 8 Presenter: Consent Agenda Regular Agenda Presentation Equipment: JI Lectern PC* I 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 ** Ifyouh have need to use the Document Camera and: zoom into aj particular area, if possible please attacha a copy oft the document with the areai indicated Please Provide a Brief Description ofyour Presentations format: that you need toz zoom into. Al laser lighti is available tor 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 TO BE CONSIDERED CONSENT AGENDA A. Minutes - Regular meeting of December 17, 2012 B. Health Dept. - Budget amendment #2013-16 C. Utilities - Budget amendment # 2013-15 D. Sheriff's Dept. - Budget amendment # 2013-20 E. Legal Dept. = Budget amendment # 2013-18 Request approval of the above items as presented. Signature: Date: Dept. 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 Financel Director County Attorney County Manager Other: Budget Amendment Necessary Tyler Brummitt, Clerk to the Board Date BA STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES DECEMBER: 17, 2012 COMMISSIONERS PRESENT: Gene McIntyre, Chairman Josh Morton, Vice Chairman Peter Asciutto Tony Dennis Lindsey Dunevant None COMMISSIONERS ABSENT: STAFF PRESENT: Andy Lucas, County Manager Jenny Furr, County Attorney Tyler Brummitt, Clerk CALL1 TO ORDER The Stanly County Board of Commissioners: (the "Board") met in regular session on Monday, December 17, 2012 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons. Chairman Mcintyre called the meeting to order and Chairman Dunevant gave the invocation. APPROVAL/ADJUSTMENTS TO THE AGENDA Itwas requested that two tax refund requests be added to the agenda as Item 4(B) and the minutes of December 3, 2012 be approved with several corrections as requested by the Chairman. By motion, Commissioner Dennis moved to approve the agenda as amended and was seconded by Commissioner Morton. The motion passed by unanimous vote. ITEM # 1 - PRESENTATION OF THE PROPOSED SECONDARY ROADS CONSTRUCTION PROGRAM Presenter: Marc Morgan, NCDOT Deputy District Engineer Based on the proposed 2012-2013 Secondary Roads Construction Program, Stanly County will receive $705,975 for paved road improvements. Due to a change by the state in prioritizing which roads will be paved, no dirt roads were included in the proposal. As part of the presentation, a resolution was presented for the Board's consideration and approval as a show of support to concur with the program as proposed. Page 1 of3 Commissioner Dennis moved to accept the information as presented and approve the resolution as requested. The motion was seconded by Commissioner Asciutto then carried by a 5-Ovote. ITEM#2-PRESENTATION REGARDING THE NC AMVETS CAREER CENTER Presenter: Charles Cosgrove, NC AMVETS Career Center 1 Commander Mr. Cosgrove gave a presentation regarding the NC AMVETS Career Center that was established in December 2011 as a non-profit veteran's organization which provides volunteer general counseling as well as education, career and job assistance to active duty, reserves and veterans who have served ini the military. The presentation was provided fori the Board's information only and required no action. ITEM#3-PRESENTATION OF THE LIVESTOCK ARENA CONCEPT Presenter: Candice Moffitt, Agri-Civic Center Director Representatives from the Agri-Civic Center, NC Cooperative Extension and volunteers from the Livestock Arena Steering Committee were in attendance for a presentation concerning a proposed livestock arena complex which would allow ample space for future livestock and agricultural education events to be held in the future on the Agri-Civic Center grounds. The steering committee also sought the Board's support in moving forward with the fundraising and design development of Phase One of the project. After a period of questions and comments by the Board, Commissioner Dennis moved to approve the steering committee to move forward with the fundraising and design development for Phase One of the project. The motion was seconded by Commissioner Dunevant and passed with a vote of5-0. ITEM#4-CONSENT AGENDA A. Minutes - Amended minutes of the December 3, 2012 regular meeting and special meeting of December 10, 2012. B. Tax-Refund requests for. Joseph S. Simmons and The Fork LLC. Commissioner Dennis moved to approve the above items as amended. His motion was seconded by Commissioner Dunevant and passed by unanimous vote. PUBLIC COMMENT Page2of3 Vanessa Mullinix pleaded with the Board to come to a settlement with Alcoa/APGI by year end. She stated the county has many assets that can attract new business and tourism to the area, but feels a settlement must be reached in order to do SO. GENERAL COMMENTS & ANNOUNCEMENTS Commissioner Asciutto commended Kathy Almond, Director for the Albemarle Downtown Development Commission, on her hard work and efforts in overseeing the many events sponsored by ADDC in recent years. Commissioner Asciutto stated that he looks forward to moving toward a settlement with Alcoa and plans to provide a monthly update on the dollar amount spent by the county on the relicensing issue. CLOSED SESSION By motion, Commissioner Dennis moved to recess the meeting into closed session to consult with the County Attorney in accordance with G. S. 143-318.11(a)3) to discuss the 401 water quality permit intervention and APGI's public records requests lawsuit. The motion was seconded by Commissioner Morton and passed by unanimous vote. ANNOUNCEMENT Chairman Mcintyre stated negotiations with Alcoa/APGI are ongoing and that staff continues to negotiate a potential settlement. ADJOURN There being no further discussion, Commissioner Asciutto moved to adjourn the meeting and was seconded by Commissioner Dennis. The motion carried with a5-Ovote at 9:12 p.m. Gene Mcintyre, Chairman Tyler Brummitt, Clerk Page 3of3 Revised 07/07/2003 AMENDMENT NO: 2013-16 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, 2013: Toa amend General Fund 110, the expenditures are to be changed as follows: CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 5,500 $ 17,501 $ 23,001 FUND/DEPART ACCOUNT NUMBER 110.5158 ACCOUNT DESCRIPTION AS NUMBER 190.000 Professional Services TOTALS 5,500 $ 17,501 $ 23,001 This budget amendment is justified as follows: To transfer funds from thel Dental Fund Balance to the Dental Clinic operating budget for records scanning. This will result in ar net increase of $ 17,501 ine expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues willl be increased. These revenues have already been received or are verified they will be received in this fiscal year. CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED 79,000 $ 17,501 $ 96,501 79,000 $ 17,501 $ 96,501 FUND/DEPART ACCOUNT NUMBER 110.3500 ACCOUNT DESCRIPTION AS NUMBER 990.5158 Fund Balance Appr Dental $ TOTALS $ SECTION:2. Copies oft this amendment shall be furnished to the Clerk of the Board of Commissioners, Budget Officer, and to the Finance Director. Adopted this_ day of 20_ Verified by the Clerk oft the Board_ RN elPliz Date 17-18-12 Date Date Posted by Journal No. Date County Manager's Approval 12/18/20129:15AM BA2013-16.xis Revised 02/05/2001 Stanly County Board of Commissioners STANIN Meeting Date: January 7, 2013 8B Consent Agenda Regular Agenda COUNIY Presenter: Dennis R. Joyner, Health Director ITEMT TO BE CONSIDERED Thel Health Department seeks approval of a budget amendment that will allow for complete scanning of dental clinic records. Over the past year, the dental clinic has successfully moved to electronic records and is essentially "paperless" for new patients. However, to maintain efficient records operation we need to: scan historical dental records for reference purposes and to maintain HIPAA compliance. The projected cost oft this scanning project is $17,501 and we are requesting those funds be moved from the Dental Clinic fund balance to the department's FY 13 operating budget. Request approval of budget amendment to allow scanning of dental clinic records. Signature: Date: Dept: Public Health Attachments: K yes Certification of Action Certified tol be: 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 the Board Date Stanly County Board of Commissioners SIANIN Meeting Date: January 7,2013 Presenter: Donna Davis Xgc COUNTY Consent Agenda Regular Agenda Presentation Equipment: Lectern! PC* JI 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 tou use thel Document Camera and: zoom into: aj particular area, if possible please attachac copy oft the document with the area indicated Please Provide al Brief] Description of your Presentations format:_ that you need toz zoom into. Al laser lighti is available top pinpoint your area of projection. *** You can bringi inal laptop that will allow video out tol bec connected: at thel lectern- set display to 60Mhz. for County Employees. ITEM TO BE CONSIDERED Stanly County Utilities Stanly County participated in a study to pilot test a Trihalomethane Removal System (TRS) in the Millingport water storage tank. The TRS was very successful ini removing trihalmethanes (THMs) and has allowed the Utilities Department to achieve compliance with the NC DENR in the Millingport system as relates to THMs. The TRS was installed in the 2012 fiscal year but the bill was not presented until FY2013. Asai result ofaccounting rules Utilities was not able toj post the transaction to the FY2012 and had to post in FY2013. The additional funds had not been planned for FY2013 and Utilities is requesting a transfer of retained earnings as described in the attached budget amendment to accommodate the expense in the FY2013 budget. 1)A Approve budget amendment. Signature: Date: January2.2013 Utilities Dept. Attachments: SaBlw yes Certification of Action copy County Board of Commissioners on X No Review Process Approved Yes No Initials Certified tol be a true oft the action taken Finance Director County Attorney County Manager Other: by the Stanly Budget Amendment Necessary X Tyler Brummitt, Clerk to the Board Date Revised 07/07/2003 AMENDMENT NO: 2013-15 STANLY COUNTY-BUDGET AMENDMENT BE IT ORDAINED byt the Stanly County Board of Commissioners thatt the following amendment be made tot the annual budget ordinance fort the fiscal year ending June 30, 2013: To amend the Utility Operating Fund 641, the expenditures are to be changed as follows: CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 175,000 $ 98,750 $ 273,750 FUND/DEPART ACCOUNT NUMBER 641.7120 ACCOUNT DESCRIPTION AS NUMBER 699.000 Other Contracts TOTALS $ 175,000 $ 98,750 $ 273,750 This budget amendment is justified as follows: To appropriate funds from retained earnings to cover the cost of research and development ont the TRS System This will result in ar net increase of $ 98,750 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 int this fiscaly year. oft thel Millingport tank. CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED FUND/DEPART ACCOUNT NUMBER 641.3991 ACCOUNT DESCRIPTION AS NUMBER 990.100 Retained Earnings Approp. $ 100,000 $ 98,750 $ 198,750 TOTALS $ 100,000 $ 98,750 $ 198,750 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 Deparyment Head's Approval LL Date /-3-13 Date Date Posted by Journal No. Date County Manager's Approval 1/3/2013 10:41 AM BA2013-15.xism C 8 8 9 8 - 8 5 I - - 3 X a 2 3 a 777 e X a 9 e - 5 a E S S a 8 S I le E E S TarheelPipeline SPRINGI2012 2012 DC Rally Coverage NCRWA Conference & Exhibition Preview - What's in Store Utility Management Certification: One Man's Story MRWA O feature In-Tank THM Removal System Eliminates THMs For Rural Consecutive System THE ISSUE: Stanly County, in central North Carolina, is typical of many smaller rural water utilities in the U.S. Due to excess capacity int the city water system that supplies the surrounding county, Stanly County receives finished water that is often at or above the Maximum Contaminant Level (MCL) for Total Trihalomethanes (TTHMs). Without at treatment plant ofi its own, Stanly County is limited toi few options for bringing their water into compliance. BY MS. DONNA DAVIS ANDI DR. PETER S. FISKE tanly County purchases its water from the city of THE SOLUTION Albemarle and distributes it to roughly 4,700 customers PAX Water Technologies has developed an approach for ID six service areas spread out over 119 square miles. efficient andeffective removal OfTHMS in distribution storage Before the late 1980s, the city of Albemarle had a number of tanks and reservoirs using: a combination of aeration hardware, large textile mills anda an activei manufacturing economy, which laboratory and computers software andi modeling. Inj partnership mashmedimoanghdemand for water. Fearingy watershortages, with Utility Service Company, tanks in the distribution system Albemarle expanded its treatment and distribution capacity to can be quickly retrofitted with aeration technology to remove base has all but disappeared, leaving behind a large amount of optimization algorithm together with water quality data and excess capacity in the city's distribution system. By the time operational conditions. THM reduction can be predicted this water reaches the city limits andi is sold to Stanly County, for any configuration of aeration equipment. Additionally, The Millingport service area in Stanly County often levels of THM reduction. The systen is comprised of a received the oldest and poorest quality water from the City of pumped circulation loop that utilizes sprayers and other air Albemarle. This, combined with historically low demand in handling equipment to optimize removal efficiency and energy 18.5 mgd in the early 1990s. But with the steady offshoring targeted quantities OfTHMS. of U.S. textile manufacturing, Albemarle's manufacturing Configuration for each facility is determined by an aeration systems can be custom designed to deliver targeted itisalready very old. this service area, resulted in highTTHM levels, exceeding the consumption. Stage 1 MCL 50 percent of the time over the last six years The 200,000 gallon tank in the Millingport area was an ideal target for this systen. Initial computer modeling showed (Figure 1). Managers at Stanly County had made multiple attempts to that as small aeration system wouldl be: able tod dramatically lower improve the water quality in this part of their service territory. THM levelsin the water. A system largeting a peak removal of A small, loating solar-powered draft tube mixer was installed 90 percent between the tank inlet and outlet conditions was One possible but highly controversial and costly option left to 2011.TMsamples were collected: at the tank on August 25th the County and the City was one nobody liked: a switch from both for the water filling the tank and for the water leaving int the only water lank in the area, a 200,000 gallon pedisphere. designed and installed in August 2011. Therei is unclear data as to the effectiveness ofthe mixer due to RESULTS: "WHERE DIDI MY THMS GO?" ai number of factors including problems with the device itself. chlorine t0 chloramine residual disintectant. Installation and start-up was completed on August 22, IANCRWA.COM I the tank. TTHM levels entering the tank were 75 ug/l (ppb). TTHM levels leaving the tank were 0 pg/l (non-detect). A second pair of measurements taken on August 28th showed incoming TTHM levels had risen to 142 ug/l, but outgoing TTHM levels were still at 0 ug/.A third set of measurements on September 6ths showed incoming TTHM levels falling to 59 ugl with concentrations leaving the tank at 0j ug/l. A final set of measurements showed that inlet TTHM concentrations had fallen to 4 ug/l, with exiting water remaining free OfTTHMS The rapid decline in TTHM concentrations in water acration system showed that greater than 90 percent removal was expected, assuming higher-than-averge turnover. For conditions of low turnover, higher levels OfTTHM removal The decrease in TTHM concentrations in the water going into the. tank is not surprising givén the hydraulics of the distribution system in this area. Water enters and leaves the Millingport tank and dilutes with water coming from the City ofAlbemarle. During periods of low turnover, the TTHM-free water from the tank dilutes the small amount of"fresh" water coming from the City of Albemarle, resulting in very low of Albemarle, sample sites were moved. Instead of sampling water right beforc ito entered the Millingport tank, a sample was taken at the vault entry point several miles closer to the City of Albemarle, where water enters the Slanly County system. Similarly, in order to understand the effect ofthe PAXTRS on water further away from the tank, as sample was taken 1.3miles downrange of the Millingport tank at the furthest point in the The data from these more distant areas shows that, while the County continued to receive water near or above the MCL for TTHMS, the aeration system in the Millingport tank was AIREIBEBERETEREEEE 0683088308859993998 (Figure 3). leaving the Millingport tank is indicative of the effects ofa FIGURE 1. Historic TTHM levels (ppb) per quarter in the highly efficient aeration system in a relatively small tank with Millingport service area, Stanly County, North Carolina. 50 low turnover. Calculations of the expected efficiency of the percent oft thes samples overs six years exceeded the MCL. were predicted. LLINGPORT TTHMI levels. Inordert tos sample water thati is more representative ofthat FIGURE 2.7 Thel Millingport tank is a 200,000 gallon pedisphere. which first enters the Millingport service area from the City Because of low demand, turn-over int thist tank is low. 160 140 120 100 mEnteringtank aleavingtank Millingpoint service area. 8/25/2011 8/29/2011 9/6/2011 9/12/2011 able to depress levels OfTTHMS far enough that, even in the FIGURE 3. TTHM concentrations (ppb) in water entering and most distant parts of the service area, TTHM levels remained leaving the Millingport tank after installation and operation of within compliance (Figure 4). NEXT STEPS thel PAXT TRS aeration system. With their TTHM levels now under control in the Millingport service area, managers of the Stanly County Utilities Department are now weighing how to apply this technology to other parts of their distribution system. While adding aeration to each of their remaining storage tanks is one option, managers are considering how to apply aeration strategically both toas select number oftheir own: storage tanks, and in the storage tanks of their water supplier. But, for the time being, concerns ofai mandatory conversion from chlorine toc chloramine have been pul to1 rest. Tochnologies, wwepaxater.com, 866-729-6493. and D: Peters. Fiskei is CEO, all PIX Hater Techmnologies 120 TTIMSats systen entry TTHMSa aftera aention AITHMsa atendofsystem 20 10/18/2011 10/24/2011 Contact: Dr: Peter S. Fiske, CEO of PAX Water FIGURE 4.TTHM concentrations inv water enteringt thel Millingport Ms. Doma Davis is the Director at Stanky Counly Utilities Department and att the end oft the distribution system (blue). service area (red), immediately after in-tank aeration (green) SPRING2012 I NCRWA.COM15 Revised 07/07/2003 8D AMENDMENT NO: 2013-20 STANLY COUNTY-BUDGET AMENDMENT BEI IT ORDAINED byt the Stanly County Board of Commissioners that thet following amendment be made tot the annual budget ordinance for the fiscal year ending June 30, 2013: To amend the General Fund, the expenditures are to be changed as follows: CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 130,000 $ 42,340 $ 172,340 FUND/DEPART ACCOUNT NUMBER 110.4310.4310 110.4310.4310 ACCOUNT DESCRIPTION AS NUMBER 540.000 Motor Vehicles 353.000 Repair & Maint Vehicles 35,000 4,400 39,400 TOTALS $ 165,000 $ 46,740 $ 211,740 This budget amendment is justified as follows: Tor replace two vehicles that were totaled usingi insurance settlement and excess state misdemeanant funds. This will result in ar net increase of $ 46,740 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 int this fiscaly year. CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 35,101 $ 24,735 $ 59,836 FUND/DEPART ACCOUNT NUMBER 110.3839 110.3432 ACCOUNT DESCRIPTION Insurance Settlements State Jail Fees AS NUMBER 580.10 420.11 75,000 22,005 97,005 TOTALS $ 110,101 $ 46,740 $ 156,841 SECTION2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners, Budget Officer, and to the Finance Director. Adopted this_ Verified day of oft the Board_ 20_ 1-2-13, Date 1--13 Date Date Posted by Journal No. Date ance F County Manager's Approval 1/2/20133:24PM BA: 2013-20.xism Revised 07/07/2003 BE AMENDMENT NO: 2013-18 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 fort the fiscal year ending June 30, 2013: To amend the General Fund, the expenditures are to be changed as follows: CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 65,000 $ 150,000 $ 215,000 FUND/DEPART ACCOUNT NUMBER 110.4155 ACCOUNT DESCRIPTION AS NUMBER 190.000 Professional Services TOTALS 65,000 $ 150,000 $ 215,000 This budget amendment isj justified as follows: For open meetings and public records law suit. This will result in a neti increase of $ 150,000 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 willl be received in thist fiscaly year. CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED FUND/DEPART ACCOUNT NUMBER 110.3991 ACCOUNT DESCRIPTION AS NUMBER 990.000 Fund Balance Appropriated $ 779,374 $ 150,000 $ 929,374 TOTALS 779,374 $ 150,000 $ 929,374 SECTION: 2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners, Budget Officer, and to the Finance Director. Adopted this day of 20_ Verified by the Clerk of the Board_ Departmeny Head's Approval Lks Date /-3-13 Date Date Posted by Journal No. Date County Manager's Approval 1/3/2013 10:58 AM BA2013-18.xism