STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA NOVEMBER 18, 2013 7:00 P.M.  CALLTO ORDER & WELCOME- CHAIRMAN MCINTYRE INVOCATION - VICE CHAIRMAN MORTON  PLEDGE OF ALLEGIANCE  APPAOVAL/ADISIMENS TO THE AGENDA  SCHEDULED AGENDA ITEMS  1. ECONOMICDEVELOPMENT COMMISSION - JOINT PUBIC HEARING WITH THE TOWN OF STANFIELD TO RECEIVE PUBLIC COMMENT ON THE PROPOSED ECONOMIC INCENTIVE AGREEMENT FOR UFP NEWL LONDON, LLC  Presenter: Paul Stratos, EDC Director  2. PRESENTATION BY THE PREGNANCY RESOURCE CENTER OF STANLY COUNTY  Presenter: Amy Phibbs, Director of Development  3. 2013STANLY COUNTY COMMUNITY HEALTH ASSESSMENT SUMMARY  Presenter: Dennis Joyner, Health Director  4. ENVIRONMENTAL HEALTH  Presenter: David Ezzell, Environmental Health Director  5. BOARD & COMMITTEE APPOINTMENTS Presenter: Andy Lucas, County Manager A. Board of Adjustment B. SCUSA Advisory Committee    6. E-911INTERLOCAL AGREEMENT FOR RADIO SERVICE Presenter: Andy Lucas, County Manager  7. CONSENT AGENDA  A. Minutes = Regular meeting of November 4, 2013 B. Transportation, /SCUSA - Request approval of the attached amendments to the FY 2013-2014 System Safety Program Plan H Health Dept. =- Request approval of budget amendment # 2014-11to accept and appropriate funds received from the NC Division of Public D. Finance - Consider and approve the attached vehicle tax refund report  Health  for October 2013.  PUBLIC COMMENT  GENERAL COMMENTS & ANNOUNCEMENTS  CLOSED SESSION: To discuss a personnel issue in accordance with G.S. 143- 318.119(a)(6) and a real estate transaction in accordance with G.S. 143-  318.11(a)(5). ADJOURN  The next regular meeting is scheduled for Monday, December 2"d at 7:00 p.m.    Stanly County Board of Commissioners  SIANINY Meeting Date: November 18, 2013  Presenter:  COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: - Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCi ise equipped with' Windows! XP: and Microsoft Office. XP( (including' Word, Excel, and PowerPoint), Internet connectivity: and Network connectivity ** Ifyoul have need to use the Document Camera and zoom into: a particular area, ifp possible please attachac copy oft the document with the areai indicated  Please Provide al Brief Description of your Presentations format:_ that you need toz zoomi into. Al laser lighti is available to pinpointy your area ofp projection. *** You can bringi ins a laptop that will allow video out to be connected at thel lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  JOINT PUBIC HEARING WITH THE TOWN OF STANFIELD TO RECEIVE PUBLIC COMMENT ON THE PROPOSED ECONOMIC INCENTIVE AGREEMENT FOR UFP NEW LONDON, LLC  Enclosed for your information is a copy of the proposed incentive agreement and the notice of public  hearing placed in the Stanly News and Press on November 7th.  Hold the public hearing  Request the Board of County Commissioners and Stanfield Town Council approve, modify or  deny the proposed incentive agreement.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be at true copy oft the action taken the County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  by Stanly  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    PERFORMANCE AGREEMENT AMONG STANLY COUNTY, NORTH CAROLINA, THE TOWN OF STANFIELD, NORTH CAROLINA, AND UFP NEW LONDON,LLC  STANLY COUNTY:  Stanly County Board of Commissioners 1000 N. First Street, Suite 10 Albemarle, NC 28001 Town of Stanfield 103 West Stanly Street Stanfield, NC: 28163 UFP New London, LLC 174 Random Drive New London, NC28127  TOWN OF STANFIELD:  COMPANY:  This agreement made and entered into this the  day of November, 2013 by and among  The County of Stanly, a body politic and corporate of the State of North Carolina (appearing hereinafter as "County"), The Town of Stanfield, a municipal corporation of the State ofNorth Carolina (appearing hereinafter as "Town"), and UFP New London, LLC, a North Carolina Company licensed to do business within the United States and North Carolina (appearing  hereinafter as "Company").  WITNESSETH  THAT WHEREAS, the companies of Universal Forest Products, including UFP New London, LLC, combine to create the nation's leading manufacturer and distributor of wood and wood- alternative products to the retail building materials, industrial packagingcomponents, manufactured housing, residential construction and commercial construction and concrete WHEREAS, the County and Town have offered to the Company an inducement package as WHEREAS, but for the offer of incentives the Company would not be expanding its facility WHEREAS, the Company has agreed to meet and continue meeting the minimum investment NOW, THEREFORE, the parties hereto in consideration of these mutual covenants and  forming products; and hereinafter set forth; and within Stanly County; and  and employment requirements as hereinafter set forth;  agreements passing from each to the other do hereby agree as follows:    1. INDUSTRIAL INVESTMENT AND EMPLOYMENT AGREEMENT  A. PROJECT SCOPE: The Company will upgrade existing structures and invest in additional capital equipment in the form of a heat lamination production line. It will be located at their facility at 301 West Stanly Street, Stanfield, NC 28163. The minimum investment for the project is expected to total $1,053,000 and the project is expected to create 20 new jobs in Stanly County. The project is expected to be operational as soon as the 4t quarter of2013. B. INVESTMENT: The Company shall invest a minimum of $1,053,000 in taxable real and business personal property in addition to its 2013 real and business personal property tax assessment (hereinafter referred to as "Investment"). The Company shall maintain the minimum taxable investment for a period of at least five (5) years through and including 2018. If total 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 of the following annual C.E EMPLOYMENT: The Company shall employ the equivalent of twenty (20), new full-time employees in addition to the number of Company employees existing as of June 30, 2013. The Company shall maintain the minimum of twenty (20), new: full time employees for a period ofat least five (5) years through and including 2018. If the number of new full time employees falls below twenty (20), the amount of the following annual installment will be reduced by a pro-rata percentage oft the shortfall. Employees counted toward this total shall include new employees of the Company with a hire date of July 1,2013 or later, provided such employees are located in Stanly County on a full time basis. Employees of 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 NCUI 101 or equivalent state form or notarized statement from an officer within the Company and be verifiable with the North Carolina Department of Commerce. For purposes of this section "20 full-time employees" shall be defined as 20 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 D. 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 E.STATUTORY COMPLIANCE: The Company understands that the County's participation is  installment will be reduced by aj pro-rata percentage oft the shortfall.  immediately, or as soon as is reasonably possible thereafter, fill the vacancy.  contribution in order 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 shall provide to the Company an inducement to offset the Company's Investment in an amount equal to 50% of taxes otherwise  2    payable on the assessed value oft the Investment over a five (5) year period. The first installment shall occur during November of the 2014 calendar year upon receipt of proof that the minimum aforementioned new employment (based on the third quarter - ending September 30) and investment numbers 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 shall be the records of the County Tax Assessor. Proof of tax payment shall be a verified copy of a tax receipt from the County Tax Collector. Proof of employment shall be a NCUI 101 or equivalent state form or 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. Please see the attached Schedule A -"Universal Forest Products Property Tax Calculations - New Capital Investment".  B. TOWN COMMITMENT  (1.)TOWN INDUCEMENT GRANT: The Town of Stanfield shall provide to the Company an inducement to offset the Company's Investment in an amount equal to 50% of taxes otherwise payable on the assessed value of the Investment made at UFP New London, LLC's Stanfield plant over a five (5) year period. The first installment shall occur during November of the 2014 calendar year upon receipt of proof that the minimum aforementioned new employment (based on the third quarter - ending September 30) 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 Stanfield have been paid. Proofofinvestment shall be the records of the County Tax Assessor and a notarized statement by an officer within the Company. Proof of tax payment shall be a verified copy of a tax receipt from the County Tax Collector. Proof of employment shall be a NCUI 101 or equivalent state form or 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 Town. Please see the attached Schedule A- "Universal Forest Products C. GRANT PARTICIPATION: The County and Town agree to 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  Property Tax Calculations- New Capital Investment".  necessary to secure the required 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 oft 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.  3    4. PROOF AND CERTIFICATION  The officials ofall 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 of 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 be in the form of a NCUI 101 or equivalent state form or notarized statement from an officer within the Company and be verifiable with the North  Carolina Department of Commerce.  5. REMEDY  A. INDUCEMENT PACKAGE: If the 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 ofi its investment and employment package by a pro-rated share upon thirty (30) days written notice to B. DELAY OF INCENTIVE INITIATION: If the Company does not meet employment and investment goals enumerated above by January 1, 2014, the onset of this agreement may. be delayed one (1) year, at the option of the Company. Written notification of a request to delay onset must be received by the County no later than December 15, 2013. This agreement shall initiate no later than January 1,2 2015, and shall expire no later than December 31,2019. 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 of this 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 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  the County and Town.  standards outlined above. 6SEVERABILITY  Ifany 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 7. COMPLIANCE WITH THE LOCAL GOVERNMENT BUDGET AND FISCAL All appropriations and expenditures pursuant to this agreement shall be subject to the provisions oft the Local Government Budget and Fiscal Control acts of the North Carolina General Statutes  unenforceable.  CONTROL ACTSOF NORTH CAROLINA GENERALSTAIUIES  4    for cities and counties and shall be listed in the annual report submitted to the Local Government  Commission by both the County and the Town.  8. GOVERNINGLAWS  This Agreement shall be governed and construed by the Laws of the State of North Carolina. Unless prohibited by law all actions relating in any way to this Agreement shall be brought in the General Court of Justice of the State of North Carolina sitting in Stanly County or, where applicable, the United States District Court of the Middle District ofNorth Carolina. The Company, the County, and the Town agree that this document constitutes the entire agreement among the three (3) parties and may only be modified by a written mutual agreement  9.1 ENTIRE AGREEMENT signed by the parties.  PERFORMANCE AGREEMENT REVIEWED AND ACCEPTEDI BY:  O Mf-John Devitto PresidentandCEO Gened Rgn UFP New] London, LLC  1-203 Date  Attest: Title:  Date  Mr. Gene McIntyre Chairman Stanly County Commissioners  Date  Attest: Tyler Brummitt Clerk to the Board Stanly County Commissioners  Date  Mr. Kevin Barbee Mayor Town of Stanfield  Date  Attest: Wanda Yow Town Clerk Town of Stanfield  Date  5    S 3 N    STANLY COUNTY BOARD OF COMMISSIONERS  NOTICE OF PUBLIC HEARING  Notice is hereby given that the Stanly County Board of Commissioners will hold a joint public hearing with the Town of Stanfield on Monday, November 18, 2013 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons located at 1000  N. Firsts Street, Albemarle, North Carolina.  The purpose of the public hearing is to invite public comment on a proposed economic incentive agreement between Stanly County, the Town of Stanfield and UFP New London, LLC. All interested persons are invited to attend this hearing. Persons needing special assistance or non-English speaking persons should contact the Clerk's office at (704)983-3600 at least 48 hours prior to the hearing.  Please publish the above noticei in the non-legal section with al black border as a display ad on  Thursday, November 7,2013.  Please mail the bill and affidavit to: Stanly County  1000 N. First Street, Suite 10 Albemarle, NC: 28001 Attn: Tyler Brummitt    Stanly County Board of Commissioners Presenter: Amy Phibbs, Director of Development  STANIN Meeting Date: November 18, 2013  2  COUNIY  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 ** Ifyou have need to use the Document Camera and: zoom into a particular area, ifp possible please attachac copy of the document with the area indicated  Please Provide: a Brief Description ofy your Presentations format: that you need toz zoomi into. AI laser lighti is available to pinpoint) your area of projection. *** You can bringi in a laptopt that will allow video out to be connected att the lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  PRESENTATION BY THE PREGNANCY RESOURCE CENTER  OF STANLY COUNTY  For information only with no action required.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be a true copy of the action taken the County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  by Stanly  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    love hopel truth  Regnancy RESOURCE CENER  9f Stanly County  NC-2 22,370 abortions in 2011 (15.6% of all pregnancies) Stanly Co.- 68 abortions in 2011 (9.6% of all pregnancies) Montgomery Co,-17 abortions in 2011 (4.6% of all Stanly: 48.8 (ranked 43d of 100 counties in NC) Montgomery: 82.5 (ranked 2nd of 100 counties in! NC)  Abortion Statistics (2011)  pregnancies)  Teen Pregnancy Rate (2011) Volunteers Number of Clients (Jan.1-Nov.14, 2013) Why Clients Come (Jan.1-Nov.14, 2013)  20volunteers 257 clients 1,096 client visits 162 pregnancy tests; Slultrasounds 663i incentive program visits 198 parenting class visits  Changed Minds (Jan.1-Nov.14, 2013) Gospel Witness (Jan.1-Nov.14, 2013) Abortion Recovery (Jan.1-Nov.14, 2013)  3women who were abortion- intended chose life for their  unborn baby  Spiritual discussions with 193 clients Gospel shared with 52 clients Iclient made a profession of faith  7women participatedi in Forgiven and Set Free Bible study Healing the Father's! Heart offered for men for first time April 2014: Second annual Teen Girls Conference to be held October 2013: Jeffrey Dean spoke to 8 Stanly County April 2013: Who Am 12 Teen Girls Conference October 2012: Jeffrey Dean: spoke to 2S Stanly County schools and' West Montgomery High School; presented Plugged-in Parenting Conference and Teen Rally  schools  Outreach    Revised 02/05/2001  Stanly County Board of Commissioners  STANIN Meeting Date: November 18, 2013  3  COUNIY  Consent Agenda Regular Agenda  Presenter:  Dennis R. Joyner, Health Director ITEM TOI BE CONSIDERED  The Stanly County Health Department recently completed the 2013 Community Health Assessment in conjunction with Stanly Regional Medical Center and Stanly County United Way. Wew would like toj present the County Commissioners with a short summary of the results and the  priority community health concerns identified in the assessment.  Presentation of the Stanly County 2013 Community Health Assessment summary. Informational  purposes only.  Signature: Detl  Dept: Public Health Attachments:  Date: 1/13/13  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 tot the Board  Date    Revised 02/05/2001  Stanly County Board of Commissioners  SIANIN Meeting Date: November 18, 2013  4  COUNY  Consent Agenda Regular Agenda  Presenter:  David Ezzell, Environmental Health Dir. ITEM TOI BE CONSIDERED  On September 1,2012, North Carolina made a major change in food safety defense by adopting the NCI Food Code. Section 2-102.12 oft the Code requires that : "at least one employee who has supervisory and management responsibility and the authority to direct and control, food preparation and service shall be a certified food protection manager.... "This person in charge is required to have passed an ANSI accredited exam for food safety. Stanly County Environmental Health has offered the Serve Safe course to establishments located int the county twice each year for approximately 8 years. Even with this effort there are quite a few facilities that do not have the required training. Effective. January 1,2014 this willl be a 2 point deduction on the facilities inspection. The course that we offer each spring and fall is conducted over a 2 % day period. Unfortunately the smaller locally owned facilities cannot take the time offt to attend the course. Owner/operators now have the option oft taking the course We are proposing that we offer to proctor the exam for the Serve Safe course for Stanly County facilities with a fee of $50.00 and $75.00 for out-of-county facilities. The National Restaurant Association has specific space requirements for conducting the exam therefore the number of participants will be limited to 40. Environmental Health staff are certified asi instructors for this course and can proctor the exam. EH staff will coordinate registration, order the exam materials, proctor the exam, mail exam answer sheets to the National Restaurant Association, and notify participants oft the results. We anticipate that the time needed for each session would be approximately 41 hours. The maximum time allowed for the exam is 2 hours. The additional time would be pre and post test preparation time. The fee will cover the cost of the exam answer sheet ($38.00) and staff time. Projected revenue is $5,000 (100 participants x $50). On November 7, the Board of Health recommended the establishment Request approval to establish a Serve Safe exam proctoring fee of $50 fori in-county facilities and $75 for out-of-county facilities and to appropriate the associated revenue and expenses to the  online instead ofa a class room setting. However the exam must be aj proctored exam.  ofthese proctoring fees.  Health Department's Environmental Health budget.  Signature: Date:  Dept: Public Health Attachments:  K yes Certification of Action Certified tol be a true copy oft the action taken the County Board ofCommissioners on  no  Review Process  Approved Yes No Initials  Finance Director Budget Amendment Necessary County Attorney County Manager Other:  by Stanly  Tyler Brummitt, Clerk to the Board  Date    Revised 07/07/2003  AMENDMENT NO: 2014-10  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners thatt thet following amendment be made  tot the annual budget ordinance for the fiscal year ending June 30, 2014: To amend Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 13,000 $  FUND/DEPART ACCOUNT NUMBER 110.5180  ACCOUNT DESCRIPTION  AS  NUMBER  261.000 Office Supplies  5,000 $ 18,000  TOTALS  $  13,000 $  5,000 $ 18,000  This budget amendment is justified as follows:  Request approval to establish Serve Safe exam proctoring fees and to appropriate those funds to the This will result in a neti increase of $ 5,000 ine expenditures and other financial use tot the County's annual budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received int this fiscal year.  Health Department FY 2013-14 Environmental Health budget.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 9,000 $ $ 9,000 $  FUND/DEPART ACCOUNT NUMBER 110.3500  ACCOUNT DESCRIPTION  AS  NUMBER  890.15 Misc Inc.- Envir Hlth  5,000 $ 14,000 5,000 $ 14,000  TOTALS  SECTION2 2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, andt to the Finance Director.  Adopted this_  day of  20_  Verified by the Clerk of the Board T  nliz/i3 Date -13-13 Date Date  Posted by Journal No. Date  County Manager's Approval  11/12/2013 4:38 PM  BA2014-10.xism    Stanly County Board of Commissioners  SIANIY Meeting Date: November 18, 2013  Presenter: Michael Sandy  5A  COUNY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD - Document Camera** Laptop*** *PCis equipped with' Windows XP and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity for ** Ifyouh have need tou use thel Document Camera and: zoom into: a particular area, ifp possible please attachac copy oft the document with the area indicated that  Pleasel Provide: al Brief] Description ofyour Presentations format:_ you need toz zoomi into. Alaser lighti is available to pinpoint your: area ofp projection. *** You can bringi ina al laptop thaty will allow video out to be connected att the lectern- set display to6 60Mhz.  County Employees.  TENITOBECOASIDERED PLANNING AND ZONING  Board of Adjustment member appointments:  The Board of Adjustment is a 9 member Board, consisting of7 regular members and 2 alternate members. Currently thel Board has only 61 members total. We need to fill the unexpired term, through June 30, 2016, of] Rebecca Carter. We also need to appoint 2 alternates whose terms will expire June  30, 2016.  Itis requested that the BOCC appoint a person to fill the unexpired term of Rebecca Cartera and  appoint 2 alternates.  Signature:  Dept. Planning & Zoning Attachments:  Date: November 5,2013  yes Certification: of Action Board of Commissioners on Tyler Brummitt, Clerk tot thel Board  No X  Review Process  Approved Yes No  Initials  Finance Director County Attorney County Manager  Certified to be a true copy oft the action taken by the Stanly County  Budget Amendment Necessary  Date    Tyler Brummitt From: Sent: To: Cc: Subject:  Linda Evans Tyler Brummitt Michael Sandy  Tuesday, November 12, 20135:43F PM FW: Board of Adjustments Appointee  I'm forwarding Benton Payne's email to you for your information.  Linda Evans  From: hotmail 2HIEOAXCACPINE.ON mailto:hotmail 2HISARIACeNe.Om On Behalf Of Benton Payne  Sent: Tuesday, November 12, 2013! 5:14PM To: Tony Dennis; Lindsey Dunevant Cc: Linda Evans Subject: Board of Adjustments Appointee Dear Sirs:  My name is Benton Payne. You may remember that I was at one time, the Division Engineer for the NCDOT before retiring in December of 2005. Our paths have crossed professionally on several occasions. Ihope this Ifirst would like to thank both for your willingness to serve the people of Stanly County in your positions of County Commissioner. You have given me the privilege of serving on the Board of Adjustments for the last couple ofy years. County Planner, Linda Evans, has shared with the Board of Adjustments that there have been some difficultly in finding qualified people to serve on various Boards. Itook the liberty to ask an acquaintance, Michael D. Efird, if he would be willing to volunteer to serve. It ismyunderstanding that his Mr. Efird is a lifelong resident of Stanly County. He is a veteran oft the US Air Force. He retired from the Computer technology field this year. He has good reasoning power and would be a great addition to the  finds both of you doing well.  name has been submitted to the Board of County Commissioners.  Board of Adjustments. This is to request your consideration of his appointment.  Thank you in advance for your consideration.  Benton Payne 704-982-9206 704-438-1498 cell    Tyler Brummitt From: ant: 10: Subject:  Stanly County, North Carolina webmaster@cosanycus  Monday, February 11,2 2013 3:49PM Tyler Brummitt Volunteer Board Application  Name: Joseph L. Burleson Address: 248 Market St. City: Locust State: NC Zip: 28097 Home Phone: 7047916253 Work Phone: 7049828915 Date of Birth: September 20, 1987  Gender: Male Race: white  3oards you wish to serve on: Airport Authority, Board of Adjustment, Economic Development Commission, Equilization and Review 4Planning, Board - Apptd 4to  Bd  Plautitg  OM 3420s.    SIANIN CoMy  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions  NAMB: Michael DE Efird  HOME. ADDRESS: 20013 OldA Aquadale Rd CITY, STATE, ZIP: Albemarle, NC. 28001 TELEPHONE: (W)7049915075 FAX: DATE:10-07-13 EMAlL:asidm@main PLACE OF EMPLOVEMENT-RaN COMPLETE THE FOLLOWING QUESTIONS: SEX: MALE FEMALE RACE: White DATE OF BIRTH: MMIDDNYYY):0 /27 /1947  (H) 704 983 5745  IN ORDER TOI HELP US COMPLY WITH STATEI REPORTING REQUIREMENIS, PLEASE  PLEASEI LISTI IN ORDER OF PREFERENCE THE BOARDS/COMMISSIONS ON WHICH YOU  WILL: BE WILLING TOSERVE. 1.5 Board ofA Adjustment 2. 3.  PLEASELIST. ANY VOLUNTEER, WORK, ORI EDUCATIONI EXPERIENCE YOU WOULDLIKE US TO CONSIDER INTHE REVIEW OF YOUR APPLICATION. FEELI FREE TO ATTACH Al RESUME.  WORK EXPERIENCE: 38 yearsy working on Computers and highe endp printinga ands signe equipment  VOLUNTEER EXPERIENCE: EDUCATION: Some college OTHER COMMENTS:  Return to Tyler Brummitt, Clerk to the Board, 1000 N. First Street, Suite 10,  Albemarle, NC 28001    ADJUSTMENTS, BOARD OF  Compensation: $40/mtg  G.S. Local Ordinance: Date Established: Meeting Schedule: Members: Terms: Special Provisions:  153A-345  Zoning Ordinance, Stanly County, Article XII, Section 120, Pg. 75  July1972  2nd Tuesday, Monthly at 7:30 p.m. 71 Regular, 2 Alternate  3 years (Noi indication of validity of succeeding appointments) All members shall be residents of Stanly County and shall be from different areas within the County's zoning. jurisdiction. Alternate members while serving ini the absence of any regular member, shall have and exercise all powers and duties of such regular  member sO absent.  Method of Appointment: All are appointed by the Board of County Commissioners  Officers:  Board of Adjustments elects its own chairman and vice-chairman, who appoints a secretary and such other subordinates as may be  authorized by Board of Commissioners.  MEMBERS S.7 Todd Swaringen 12144 Cottonville Road Norwood, NC 28128 Richard Cosgrove P.O. Box 171 Richfield, NC28137 Houston B. "Buddy" Clark II 40275 Hoops Court Albemarle, NC: 28001 Dr. John Eckman IlI 319 Harvard Drive Albemarle, NC2 28001  APPOINTED 7/14/08  TERM EXPIRATION 6/30/14  10/6/08  6/30/16  10/22/12  6/30/15  7/14/08  6/30/14    Adjustments, Board of (Cont'd)  MEMBERS Rebecca Carter P.O. Box 1119 Albemarle, NC: 28002-1119 Benton Payne 1616 Bellamy Circle Albemarle, NC 28001 Kevin Brickman 20604 NC Hwy 24/27 Oakboro, NC 28129  APPOINTED 2010  TERM EXPIRATION 6/30/16  10/6/08  6/30/15  10/5/09  6/30/15  There are 2 vacancies for Alternate Members  Linda Evans, Clerk to the Board (704)986-3661    Stanly County Board of Commissioners  Meeting Date: November 18", 2013  X  Presenter:  SIANIN COUNIY  Andy Lucas  5B  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with' Windows XP: and Microsoft Office XP (including' Word, Excel, and) PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need tou use thel Document Camera and: zoom into: a particular area, ifp 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 ofp projection. *** You can bring ins a laptop that will allow video out to! bec connected at thel lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  Appointment of Chris Lambert with the Convention Visitors Bureau to the SCUSA Advisory Committee to fill the vacancy of the director from Bethany Woods. The term would run from  January 1*,2014 through December. 31,2014. Mr. Lambert has been contacted and is willing to serve.  Approval of appointment to the SCUSA Advisory Committee.  Signature: Gwen Hinson, Transit Director  Dept. Transportation Attachments:  Date: 11-5-2013  Yes Certification of Action Certified to be at true of the action taken the copy County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  by Stanly  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Revised 10/19/2007  Stanly County Board of Commissioners  Meeting Date  November 18, 2013 Andy Lucas, County Manager ITEMTOI BE CONSIDERED  STANIY  C  Consent Agenda Regular Agenda  COUNIY Presenter:  Interlocal Agreement for Emergency Radio Services  Back in late June 2013, the County made a decision to construct a new 800 MHz public safety emergency radio system and join the Charlotte area network (also known as UASI  Urban Area Security Attached please find an Interlocal agreement with the City ofCharlotte and Mecklenburg County for master site and regional asset maintenance/support cost sharing. The Interlocal agreement also provides the cost and structure for technical support, and outlines the governance for oversight oft the regional The County'si initial payment will commence one (1) year accepting a new and functional 800 MHz  Initiative).  emergency radio system assets. radio system in Stanly County.  Consider and approve the Interlocal agreement as presented.  Signature: Date: 11/18/13  Andy Lucas  Dept Central Administration Attachments:  X yes Certification of Action Certified to be a true oft the action taken the copy County Board of Commissioners on  no  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  by Stanly  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG  INTERLOCAL AGREEMENT FOR RADIO SERVICE 2013 by and between the CITY OF  THIS INTERLOCAL AGREEMENT FOR RADIO SERVICE (the' Agreement") is entered into on CHARLOTTE, al North Carolina municipal corporation ("Charlotte"), MECKLENBURG COUNTY,a political subdivision of the State of North Carolina ("Mecklenburg County"), and STANLY COUNTY, a  2013 and made effective as of  political subdivision oft the State of North Carolina ("Stanly County").  WITNESSETH:  WHEREAS, Charlotte and Mecklenburg County currently share an 800 MHz trunked radio WHEREAS, Charlotte has been designated the lead agency for regional communications interoperability of public safety agencies within the Urban Area Security Initiative (UASI) eleven county WHEREAS, Charlotte has completed establishing the nfrastructure necessary for regional voice WHEREAS, the Radio System supports public safety needs and provides service to various Charlotte and Mecklenburg County departments and other local government entities in the region; WHEREAS, Stanly County and Charotte/MecAlenpurg County recognize the need to ensure that public safety agencies have the communications infrastructure and regional integration to respond in a WHEREAS, Stanly County and Chanotte/Mecklenburg County have made the enhancement of homeland security an increased priority, and both entities are committed to securing grant funds for the Radio System and to assisting each other in the recruitment ofr regional users for the system; WHEREAS, Stanly County and Charotte/Mecklenburg County now desire to expand the Radio System into Stanly County through connection with the Stanly Radio Subsystem, and to consolidate WHEREAS, North Carolina General Statutes 59153A-445(a)1) and 160A-460 et. seq. authorize Charolte/Mecklenburg County and Stanly County to enter into an interlocal agreement regarding NOW THEREFORE, for and in consideration of mutual promises to each as herein after set forth, 1. EXHIBITS. The following Exhibits are attached to this Agreement and incorporated into and made a  system consisting of eight primary Simulcast tower sites and related operations;  region;  communications interoperability with the support of several grants;  coordinated, comprehensive manner to local and regional emergencies;  operation and management of the Radio System under the City of Charlotte; connection of the Stanly Radio Subsystem to the Radio System; the parties hereto do mutually agree as follows: part of this Agreement by reference:  Exhibit A: Exhibit B Exhibit C: Exhibit D  FCC Licenses  Baseline Radios and Consoles Service Level Agreement (SLA) Service Fee Schedule  1    Each reference to the Agreement shall be deemed to include all Exhibits. Any conflict between language in an Exhibit to this Agreement and the main body of this Agreement shall be resolved in  favor oft the main body oft this Agreement.  2. Definitions.  2.1. "Baseline Number" means the number of radio and console units used by Stanly County and each oft their Agencies as of the Effective Date., as set forth in Exhibit B. 2.2. "Stanly Administrator" means the entity designated by the Stanly RCC from time to time to serve as administrator for the Stanly Radio Subsystem. Stanly County has been designated 2.3. "Stanly Agency" means any division of Stanly County, or any other organization or division of an organization that operates within Stanly County, and has signed an agreement with the 2.4. "Stanly Radio Subsystem" means the 4-site, 8 channel ASTRO P25, Simulcast System located in Stanly County, all hardware and software encompassed in the foregoing, and all updates and enhancements to the foregoing, which subsystem will interface to the Regional Master Site and comprise an expansion of the Radio System into Stanly County (though it will not be considered part of the Radio System for purposes of this Agreement). The Stanly Radio Subsystem will be owned by Stanly County at all times during and subsequent to the 2.5. "CPI Increase" means the percentage increase in the Consumer Price Index for all Urban Consumers ("CPI") during the twelve-month period preceding the date at which the CPI Increase is to be used for purposes of this Agreement. If the CPI ceases to exist, then, for purposes of this definition, the parties agree to use whatever new or old index is substantially 2.6. "Effective Date" means the date when this Agreement has been ratified by resolution by all 2.7. "FCC Licenses" means the authorizations issued by the Federal Communications 2.8. "Operator" means either Charlotte or Mecklenburg County, whichever is then responsible for the operation, maintenance, licensing and upgrade of the Radio System. Charlotte is the current Operator. If Mecklenburg County becomes the Operator, it will continue to fulfill the 2.9. "Public Safety Agencies" means Agencies whose primary function is law enforcement, fire fighting or emergency medical care, as reasonably determined by the Operator. 2.10. "Radio Communication Council" means the council of Stanly Agencies that use the Radio System, as described more specifically in Section 3.8 oft this Agreement. 2.11. "Radio Service Fee": means the annual fee to be paid by the Stanly Administrator for the Stanly Agencies for the performance of Operator Services and access to the Radio System, 2.12. "Radio System" means: (a) the 800 MHz trunked radio system infrastructure currently operated by Charlotte (consisting of eight primary Simulcast tower sites and related  the Stanly Administrator as of the Effective Date. Stanly Administrator for use of the Radio System,  term of this Agreement.  equivalent to the CPI.  governing units that are listed as a party to this Agreement. Commission ("FCC") which are listed in Exhibit A.  terms of this Agreement.  as described more specifically in Exhibit D.  2    operations), (b) the Regional Master Site and all subsystems currently a part of the radio system by agreement with the Operator, (c) all hardware and software encompassed in the foregoing infrastructure; (d) all updates and enhancements to the foregoing; and (e) the FCC Licenses. The Radio System does not include mobile and portable radio subscriber devices, 2.13. "Regional Master Site" means the radio infrastructure and associated site(s) used by the Operator to control the network, optimize performance, and facilitate interoperable 2.14. "Regional Radio Board" means the regional radio board created by the Interlocal Agreement for Regional Radio Agreement entered into by and among Charlotte and various other government entities to: (a) guide the strategic growth and development of the Radio System; (b) establish regional performance and technical standards for the Radio System, and (c) 2.15. "Service Level Agreement" or "SLA" means the agreement setting forth the detailed obligations of Charlotte and Stanly County and attached as Exhibit C to this Agreement.  nor does iti include the Stanly Radio Subsystem.  communications between the different agencies and radio subsystems.  establish interoperability processes and procedures.  3. Responsibilities of the Parties.  3.1. FCC Licenses. Throughout the term of Agreement, Stanly County will provide the Operator the use of radio frequencies licensed to Stanly County pursuant to the FCC Licenses attached as Exhibit A. All FCC license shall remain the sole property of the original liçensee. Itis understood and agreed by the parties that the FCC Licenses identified in Exhibit A are subject to amendment as the Stanly Radio Subsystem is built out, and that Stanly County will be responsible for obtaining FCC amendment of the FCC Licenses to list all new Stanly County locations. The Operator shall remain responsible for ensuring that the frequencies are properly used. Other than the amendments referenced above, the Operator shall perform the necessary administrative responsibilities with regard to the FCC Licenses, which shall include the timely renewal of all licenses and responding to all FCC inquiries. During the term of this Agreement, neither party shall take any action, or fail to take any action, in respect to the FCC Licenses the result of which would be toi inhibit or prevent operation oft the 3.2. Operator Responsibilities. The Operator will be responsible for performing the functions set forth in Exhibit C, the SLA, relating to the management of the Stanly Radio Subsystem 3.3. Radio Service Fees. As a condition to using the Radio System and performance of the Operator Services, the Stanly Administrator shall pay the annual Radio Service Fee to the Operator, as described in Exhibit D. On or before December 31st of each year, the Operator will calculate and notify the Stanly Administrator of the Radio Service Fees for the upcoming twelve-month period beginning on July 1st of that year (the "Fee Notice") based on the then current Service Level Agreement. On or before January 31st of each year, the Stanly Administrator shall notify the Operator of any disagreement with any of the information reflected on the Fee Notice or any proposed changes to the Service Level Agreement. Radio Service Fees and the allocation thereof will be reviewed over time by the Operator as infrastructure and customer changes occur, any proposed changes to customer fee allocations will be reviewed by the Regional Radio Board. The Operator shall adjust the Radio Service Fees each year in advance to an amount necessary to fund the costs associated with the Operator Services. Notwithstanding the foregoing, the types of costs taken into account in determining the Radio Service Fees shall be limited to the types of costs shown for Stanly County in Exhibit D. The Stanly Administrator will be responsible for paying the Radio Service Fees to the Operator in accordance with Section 3.6.  Radio System or otherwise frustrate the intent of this Agreement.  and Radio System ("Operator Services").  3    3.4. Limit on Increases to Radio Service Fees. Notwithstanding: the above, the Operator shall not increase the amount of the Radio Service Fees for a given year by more than the percentage CPI Increase during the preceding calendar year (such number being referred to as the "Allowed Percentage Fee Increase"), except to the extent that such increase became necessary as a result of a perçentage price increase during the preceding calendar year of more than the Allowed Percentage Fee Increase for goods or services purchased from a third party and required for Operator Services provided that such price increase is not due to delay or negligence on the part of the Operator or was not reasonably avoidable by the Operator, and provided further that any such increase attributable to the Radio System is appropriately allocated among all subscribers of the Radio System. The Operator will notify Stanly Administrator of any changes to each fiscal year's Radio Service Fee not later than December 31* oft the preceding fiscal year (assuming the fiscal year begins on July 1). 3.5. Exception for Force Majeure or Unanticipated Expense. Upon the occurrence of a Force Majeure Event (as defined in Section 6.5), or an Unanticipated Expense (as defined below), the Operator shall have the option to do one of the following: (a) assess the Stanly Agencies as special, one-time charge to pay the expenses made necessary by the Force Majeure Event or Unanticipated Expense ("Emergency Expenses"); or (b) fund the cost of the Emergency Expenses to the extent that Charlotte City Council has appropriated funds that can be used for this purpose, and obtain reimbursement of such payments from future Radio Service Fees; or (c) fund the cost of the Emergency Expenses through a plan approved by the Operator, Mecklenburg County and Stanly County; or (d) if it is no longer in the Operator's best interest to operate the Radio System as a result of the Force Majeure Event (such as, for example, in a situation where the Radio System is no longer operable and there are no funds appropriated to make it operable), elect to cease operating the Radio System and terminate this Agreement upon ninety (90) days prior written notice to Stanly County. Ift the Operator elects options (a) or (b) of the preceding sentence and the result will be to increase the charges to Stanly County for using the Radio System by more than 25% for that year, then Stanly County, acting collectively, shall have the option to terminate this Agreement upon sixty (60) days prior written notice to the Operator, unless the Operator notifies them in writing after receipt of such termination notice that the Operator has found an alternative way to fund the Emergency Expense, or has found a way to operate the Radio System without 3.6. Payment of Radio Service Fees. The Stanly Administrator will serve as administrative contact for the Operator with respect to management of the Stanly Radio Subsystem. The Operator will bill Stanly County directly for the Radio Service Fees, and Stanly County will be responsible for collecting the Radio Service Fees from any other Stanly Agencies that are not part of Stanly County. Stanly County shall pay the Radio Service Fees to the Operator semiannually in advançe, not later than August 31st and January 31st of each year for the fiscal year beginning on the preceding July 1. In the event Stanly County fails to pay the Radio Service Fees within sixty (60) days after receiving written notice from the Operator that such charges are overdue, the Operator may cut off access to the Radio System until such 3.7. Strategic Plan. The Operator and the Stanly Radio Communications Council ("RCC") will be jointly responsible for the development and biennial review of a strategic plan for upgrading and modernizing the Stanly Radio Subsystem (the "Strategic Plan"). The Strategic Plan will describe all plans for upgrading and adding to the Stanly Radio Subsystem over a ten-year period, and will address mobile data and any other new technologies that may offer improvements in the functionality or reliability of the Stanly Radio Subsystem. The biennial review of the Strategic Plan will assess progress made during the preceding year and any new developments that may impact the Strategic Plan. Every three years the Operator and Stanly RCC will jointly update the Strategic Plan to evaluate the impact to the Radio System and the Stanly Radio Subsystem, incorporate new developments, modify project plans and  incurring such expense.  time as the Operating Cost is paid.  4    identify funding requirements. The Strategic Plan and all changes to it will be reviewed and approved by the Business Support Services Key Business Executive and by the Stanly RCC, provided that the Stanly RCC shall not have the right to veto any item in the Strategic Plan that does not: (a) materially increase a Stanly Agency's Radio Service Fees as defined in Section 3.3, or (b) require a Stanly Agency to make a significant investment in new equipment; or (c) have a material negative impact on a Stanly Agency's ability to use the Radio System or the Stanly Radio Subsystem, including creating problems involving capacity or interoperability. The Stanly RCC shall be deemed to have approved the Strategic Plan unless within sixty days after the RCC's receipt of the Strategic Plan, the Stanly Administrator gives the Operator specific written notice of each objection thereto. However, neither the Homeland Security Director nor the Business Support Services Key Business Executive shall have the authority to commit Charlotte, Mecklenburg County or any of Stanly County to spend any funds on the Radio System or the Stanly Radio Subsystem outside of the Radio Service Fees as required by this Agreement. All budgetary and funding commitments on the part of Charlotte and Mecklenburg County must be approved by City Council and the County Board of Commissioners, respectively, and all budgetary and funding commitments on the part of Stanly County must be approved by the Stanly County Board of Commissioners, other than the Radio Service Fees which were approved by each entity's governing board through 3.8. Stanly Radio Communications Council. The parties recognize that the Stanly Radio Subsystem serves Stanly County, and that Stanly Agencies have a legitimate interest in the operation, maintenance, and management of the Stanly Radio Subsystem. Therefore, Stanly County, agrees to establish a Radio Communication Council (the "Stanly Radio Communications Council," or the "Stanly RCC") to discuss and make decisions regarding all approvals, input and other action items required under this Agreement (including but not limited to providing guidance to the Operator in developing the Strategic Plan). The Stanly RCC shall appoint the Stanly Administrator, and the Stanly Administrator shall accept notices and communicate with the Operator on behalf of the Stanly RCC regarding all approvals and other actions required by this Agreement. At execution of this Agreement, the Stanly RCC has designated Stanly County as the Stanly Administrator. The Stanly RCC may change the Stanly Administrator by agreement in accordance with Stanly County' Interlocal agreement, 3.9. Regional Radio Board. The parties acknowledge that the Regional Radio Board has been established to: a) guide the strategic growth and development of the Radio System; (b) establish regional performance and technical standards for the Radio System, and (c) establish interoperabilty processes and procedures. By executing this Radio Service Agreement, Stanly County agrees to have a single representative properly appointed by the Stanly RCC to serve on the Regional Radio Board to represent all Stanly Agencies. 3.10. Adding Additional Radios. Stanly County shall be entitled to use the Baseline Number of radios on the Stanly Radio Subsystem. In addition to the Baseline Number, Stanly County shall be entitled, through the Stanly Administrator: () to add additional public safety radios to the Stanly Radio Subsystem by notifying the Operator, and (i) to add non-public safety radios to the Stanly Radio Subsystem by notifying the Operator, provided that adding such non- public safety radios will not in the Operator's reasonable judgment reduce agreed upon service level for the Stanly Radio Subsystem or the Radio System. Ifa Stanly Agency requests an increase in radios that will require a change in the Service Level Agreement, the Operator and the Stanly Administrator will work jointly to determine "remedy" option(s). Ifan agreed option includes need of Stanly Radio Subsystem upgrades or increased service staffing, etc., the operator can increase the Stanly Agency's Radio Service Fees for that fiscal year to account for any costs realized by the Operator for such additional service level that are agreed upon by both parties in advance, provided that if no agreement is reached then  the resolution authorizing this Agreement.  upon thirty (30) days prior written notice to the Operator.  the Operator may deny the request to increase the radios.  5    3.11. Priorities and Restriction of Access. While consideration will be given to any reasonable request for use of the Radio System, the Operator will make access decisions regarding the addition of non-public safety radios with the goal of ensuring that agencies already utilizing the Radio System will not be negatively impacted by the addition of a new Stanly Agency or additional radios to the Stanly Radio Subsystem. It is also understood that public safety agency access and utilization of the Radio System is first priority and that the access of other agencies, whether currently on the Radio System or requesting service in the future, may be restricted to avoid negatively impacting the use of the Radio System by Public Safety Agencies. However, the Operator will seek to avoid restricting Stanly Agency access by reducing or terminating non-essential features such as private call and telephone interconnect, with public safety receiving first priority. The Operator will notify the Regional Radio Board when new access requests have the potential to require reprioritizations or 3.12. Emergency and Planned Access By Agençies Outside The Radio System. The Operator is authorized to provide temporary emergency radio access to public safety agencies that are not on the Radio System upon request. Temporary access for anything other than an emergency must be coordinated with the Operator as soon as reasonably practicable, but not later than the sooner of: (a) 14 calendar days prior to the date access will be needed by the Stanly Agency; or (b) the date the Stanly Agency first learned of the event giving rise to the need for access. For purposes oft this Agreement, emergencies include only those events that could not have reasonably been foreseen. Speedway events and other 3.13. Radio System Identification Access Code and System Key. It is contemplated that the Stanly Agencies will each have their individual radio units programmed either by the Operator or by an authorized representative of the Operator. Stanly County will not have access to the Radio System identification access code nor to the system key, except pursuant to a separate written agreement signed by the Operator that will address restrictions on access to 3.14. Access to Facilities, Software and Equipment. Throughout the term of this Agreement, the Stanly Agencies shall provide the Operator with unlimited access to any equipment or software in their possession or control that the Operator needs to access in order to perform its obligations under this Agreement (with such access being provided 24 hours a day, seven (7) days a week, three hundred and sixty five (365) days a year, or 366 days a year during  restrictions that impact current Radio System participants.  planned functions will not be deemed emergencies.  such information and remedies in the event of default.  leap years).  4. Term and Termination.  4.1. Due to the terms, conditions and mutually beneficial purposes of this Agreement, it is reasonable for the duration of this Agreement to be perpetual. Therefore, the term of this Agreement shall commence on its Effective Date and shall continue until terminated in accordance with the termination provisions of this Agreement. Notwithstanding: the foregoing, the parties to this Agreement shall meet during the seventh (7") year following the Effective Date and thereafter every five years to review this Agreement. Upon termination of the Agreement, the Stanly Radio Subsystem shall remain the property of Stanly County, and the Operator's rights to use the radio frequencies licensed to Stanly County pursuant to the FCC Licenses attached as Exhibit A shall revert to Stanly County (with each entity owning the licenses that it owned prior to the Effective Date of this Agreement). Notwithstanding the forgoing, the event of termination: (a) Stanly County shall have no use or ownership rights with respect to any other FCC Licenses, or any other assets or licenses associated with the Radio System; and (b) all assets purchased with UASI federal grant funds shall be returned to the Operator for use within the Radio System, except upgrades that have been made to the Stanly County Subsystem during the duration of this Agreement that cannot practicably be removed without a material detrimental impact to the  6    Stanly County Subsystem ("Essential Upgrades") will belong to Stanly County. The parties agree that the Essential Upgrades will not include system to system connectivity hardware and software that is used to connect the Stanly Subsystem to the Radio System. The parties further agree that the Essential Upgrades purchased with UASI funds will not belong to Stanly County to  the extent prohibited by the UASI grant or by federal law. 4.2. This Agreement may be terminated as follows:  4.2.1. Mutual Consent. The parties may terminate this Agreement upon mutual consent under such terms as may be agreed to by the parties. The parties shall take into consideration 4.2.2. Termination for Default. The Operator may terminate this Agreement on behalf of Charlotte and Mecklenburg County in the event any of Stanly County materially breaches this Agreement and fails to cure such breach within six (6) months after receipt of written notice of the breach, provided that such termination shall not be effective until the first July 1st following Stanly County' failure to cure. Stanly County (acting collectively) may terminate this Agreement with respect to Charlotte and Mecklenburg County in the event the Operator materially breaches this Agreement and fails to cure such breach within six (6) months after receipt of written notice of the breach, provided that such termination shall not be effective until the first July 1st following the Operator's failure to cure. Notwithstanding the forgoing, if the breach in question cannot reasonably be cured within asix month period, then the cure period shall be automatically extended for a time period that is reasonably sufficient to cure the breach, sO long as the party in breach is diligently and in good faith attempting to cure. A notice of breach under this Section shall not be effective unless it specifiçally identifies the breach and what must be done to cure it. Nothing herein shall be deemed to prohibit the Operator from cutting off radios pursuant 4.2.3. Termination Without Cause. Either Charlotte and Mecklenburg or Stanly County may unilaterally terminate the Agreement upon twenty-four (24) months notice in writing to the 4.2.4. Termination Due To Force Majeure. The parties may terminate this Agreement under the terms and conditions set forth in Section 6.5 in the event of a Force Majeure Event. 4.2.5. Termination Due To Emergency Expense or Unanticipated Expense. The parties may terminate this Agreement under the terms and conditions set forth in Section 3.5 in 4.2.6. Any Termination Must Apply to All Entities. Notwithstanding the foregoing, if the Operator terminates this Agreement under any of the preceding provisions, then such termination: (a) shall be through a written notice signed by the Operator (b) shall be on behalf of both Charlotte and Mecklenburg; and (c) shall be effective as to all Stanly Agencies on the same date. Notwithstanding the foregoing, if Stanly County terminates this Agreement under any of the preceding provisions, then such termination: (a) shall be through a written notice signed by Stanly County; (b) shall be on behalf of Stanly Agencies; and (b) shall be effective as to Charlotte and Mecklenburg on the same date.  the effect oft termination on all users oft the Radio System.  tos Section 3.6 in the event of non-payment.  other party.  the event of al Force Majeure Event.  5. NOTICES. Any notice, consent or other communication required or contemplated by this Agreement shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective.  7    5.1. Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this  Agreement shall be sent to: For Charlotte Name: Charles L. K. Robinson City of Charlotte - g" Floor 600 East Fourth Street Charlotte, NC 28202 Phone: 704-432-3539 Fax: E-Mail Cronsen@charotencgor With Copy To: Name: Cindy White City Attorney's Office 600 East Fourth Street Charlotte, NC 28202 Phone.704-336-3012 Fax: E-Mail: whre@charoltenc.gov Operator's Representative: Danny Lovett City of Charlotte 527 Spratt Street Charlotte, NC 28206 Phone:704-336-2381 Fax: E-Mail: ovet@cnanolenc.gow For Mecklenburg County: Name: John McGillicuddy Mecklenburg County 600 East Fourth Street Phone.704-336-2661 Fax: E-Mail: With Copy To: Name: County Attorney's Office 600 East Fourth Street Charlotte, NC 28202  For the Stanly County Name: Stanly County Address: Phone: Fax: E-Mail: With Copy To: Name: County Attorney's Office  Phone: Fax: E-Mail:  oma.cGncudby@mecaedentupcounynegor  8    Phone: Fax: E-Mail  5.2. All other notices shall be sent to the Operator's Representative Manager (ift to Charlotte), and to the Radio Manager designated by the party in question, if to Mecklenburg County, or Stanly County as identified at the most recent address provided in writing by such party.  6. - Miscellaneous.  6.1. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement between the parties with respect to the subject matter herein. There are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Agreement supersedes all prior agreements, negotiations, 6.2. AMENDMENT. No amendment or change to this Agreement shall be valid unless in writing 6.3. GOVERNING LAW AND VENUE. North Carolina law shall govern the interpretation and enforcement of this Agreement, and any other matters relating to this Agreement (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Agreement shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Agreement, the parties submit to the jurisdiction of said courts and hereby irrevocably waive any and all objections they may have with respect to venue in any court sitting in Mecklenburg County, North Carolina. 6.4. BINDING NATURE AND ASSIGNMENT. This Agreement shall bind the parties and their successors and permitted assigns. No party may assign this Agreement without the prior written consent of the other parties. Any assignment attempted without the written consent of 6.5. FORCE MAJEURE. Neither party shall be liable for any failure or delay in the performance of its obligations pursuant to this Agreement and such failure or delay shall not be deemed a default of this Agreement or grounds for termination hereunder if such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, tornado, lightning strikes, elements of nature or other acts of God, or by acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, court order not attributable to the negligence, misfeasance or malfeasance of the Operator, or other acts or circumstances outside the Operator's reasonable control. Each of the foregoing shall be deemed a "Force Majeure Ifany party is prevented or delayed in the performance of its obligations hereunder by a Force Majeure Event, that party shall immediately notify the other parties in writing of the reason for the delay or failure to perform, describing in as much detail as possible the Force Majeure Event causing the delay or failure and discussing the likely duration of the Force Majeure Event and any known prospects for overcoming or ameliorating it. The Operator agrees to take all reasonable measures to overcome or ameliorate any Force Majeure Event affecting the Radio System, exclusive of the Stanly Radio Subsystem, and its adverse effects on this Agreement, and to resume performance as completely as is reasonably possible once the Force Majeure Event is overcome or ameliorated. Stanly County agrees to take all reasonable measures to overcome or ameliorate any Force Majeure Event affecting the  representations and proposals, written or oral.  and signed by the party against whom enforcement is sought.  the other parties shall be void.  Event" for purposes of this Agreement and the Service Level Agreement.  9    Stanly Radio Subsystem and its adverse effects on this Agreement, and to resume performance as completely as is reasonably possible once the Force Majeure Event is overcome or ameliorated. Notwithstanding the foregoing duties of the parties, either the Operator or Stanly County may elect to terminate this Agreement with ninety (90) days written notice to the other parties hereto if: () if the Force Majeure Event has rendered the Radio System inoperable and insufficient funds have been appropriated for the Operator to make the Radio System operable; or (ii) if the Force Majeure Event has rendered the Stanly Radio Subsystem inoperable and insufficient funds have been appropriated for Stanly County' to make it operable. Notwithstanding the foregoing, a Force Majeure Event may 6.6. RIGHT TO. AUDIT. Any party shall have the right to audit at its own expense any of the other parties' records associated with the Radio System or the Stanly Radio Subsystem, including financial records, maintenance logs, incident reports, and any other records, during the term of this Agreement and for a period of three years after its termination. Each party will make all such records available for copying and inspection on reasonable notice during regular 6.7. SEVERABILITY. The invalidity of one or more oft the phrases, sentences, clauses or sections contained in this Agreement shall not affect the validity of the remaining portion of this Agreement sO long as the material purposes of this Agreement can be determined and effectuated. Ifany provision of this Agreement is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and this Agreement shall be deemed amended by modifying such provision to the extent necessary to make ite enforceable while preserving its intent. 6.8. WAIVER. No delay or omission by any party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any covenant or breach of this Agreement shall not constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party 6.9. SURVIVAL OF PROVISIONS. Those Sections of this Agreement and the Exhibits which by their nature would reasonably be expected to continue after the termination of this Agreement 6.10. FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. In performing the services pursuant to this Agreement, the parties shall comply with all laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, 6.11. TITLES OF SECTIONS. The section headings inserted herein are for convenience only, and are noti intended to be used as aids to interpretation and are not binding on the parties. 6.12. CONSTRUCTION OF TERMS. Each of the parties has agreed to the use of the particular language of the provisions of this Agreement and any questions of doubtful interpretation shall not be resolved by any rule or interpretation against the drafters, but rather in accordance with the fair meaning thereof, having due regard to the benefits and rights 6.14 NDEMNIFICATION. To the extent permitted by applicable law, each party (as the "Indemnifying Party") agrees to protect, defend, indemnify and hold the other parties, their, officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens,  resulti in an increase in Radio Service Fees as provided in Section 3.5.  business hours.  waiving the rights.  shall survive the termination of this Agreement.  authorities, and courts having. jurisdiction.  intended to be conferred upon the parties.  10    demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of this Agreement and/or the performance hereof that are due to the negligence of the Indemnifying Party, its officers, employees, subcontractors or agents. To the extent permitted by applicable law, the Indemnifying Party further agrees to investigate, handle, respond to, provide defense for, and defend the same at its sole expense and agrees 6.15 LIMITATION OF LIABILITY /B EXCLUSIVE REMEDY. The Stanly Agencies' remedies for breach of this Agreement by the Operator are limited to a refund of Radio Service Fees paid under this Agreement for the year in which the breach occurred, and termination of this Agreement in accordance with Section 4. To the fullest extent permitted by law, neither Charlotte, nor Mecklenburg nor the any of Stanly County shall be liable to the other parties or to any third party for any direct, consequential, indirect, special damages, lost profits or attorneys' fees in connection with any matters relating to this Agreement, and both parties hereto waive any right they may have under this Agreement, at law or in equity to recover 6.16 DISPUTE RESOLUTION. Ifany Stanly Agency has a concern related to the Radio Services provided under this Agreement, the Stanly Agency shall first contact the following individuals  tob bear all other costs and expenses related thereto.  such damages, profits or fees from the other party.  with the City, to discuss the conçerns:  Danny Lovett  Operator's Representative  704.336.2381  If after contacting the above-listed individuals, or their successors, the Stanly Agency's concerns have not been resolved, the Stanly Agency shall escalate their concerns to the City's Business Support Services Key Business Executive (BSS KBE), who will designate a team to discuss the concerns face-to-face within thirty (30) days after receiving notice that the Stanly Agency was unable to resolve its concerns by discussions with Operator's Representative. The Stanly Agency shall follow this process for dispute resolution prior to initiating any civil action or other proceeding against the City in connection with this Agreement. Notwithstanding: the foregoing, if an issue comes to the Shared Services Director that is within the responsibilities of the Regional Radio Board as set forth in the Regional Radio Board governing documents, the Shared Services Director will refer the issue to the 6.17 COOPERATION REGARDING FUTURE GRANTS. The Operator and the Stanly Agencies will cooperate in good faith in applying for and obtaining any future grants for projects or purchases that the parties mutually agree are consistent with the needs of the Radio System and the Stanly Radio Subsystem and will be feasible within budgetary constraints. The  Regional Radio Board.  parties may also pursue individual grant opportunities.  IN' WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Agreement to be executed on the date first  written above. ATTESTED: BY:  STANLY COUNTY  BY: NAME: TITLE: DATE:  11    ATTESTED: BY:  CITY OF CHARLOTTE  BY: NAME: TITLE: DATE:  ATTESTED: BY:  MECKLENBURG COUNTY  BY: NAME: TITLE: DATE:  This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control  This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control  Act.  Act.  Director of Finance City of Charlotte  Director of Finance Mecklenburg County  This instrument has been preaudited int the manner required by the Local Government Budget and Fiscal Control  Act.  Director of Finance Stanly County  12    Exhibit A FCC Licenses  No frequencies included as of the date of agreement execution  13    Exhibit B  Baseline Radios and Consoles 300 subscriber units and 9 communications consoles  Stanly: Others: TOTAL:  1300 subscriber units 1609  Notwithstanding: anything contained herein to the contrary, no services will be provided for personal radios (those not owned by the Stanly Agency paying for the applicable service)  14    Exhibit C  Service Description and Service Level  15    DESCRIPTION OF RADIO SERVICE  Unless otherwise defined herein, capitalized terms in this Exhibit shall have the same meanings as are Inc consideration of Stanly County performance of their obligations under the Agreement, including payment ofi the Radio Service Fees, the Operator will provide the following services: 1. MANAGEMENT RESPONSIBILITIES. Operator will be responsible for all functions relating to the operation, management, maintenance, licensing, and upgrade of the Radio System. These functions  assigned to such terms in the main body oft the Agreement.  include, but are not limited to:  1.1. Radio System Operation and Management.  .1.1.Assignment of radio identification numbers for subscriber radios. 1.1.2. Management of the Regional Master Site Controller database. This includes the assignment and deletion of subscriber IDs, the assignment and control of features such as private call, messaging features, and Security Group assignment. 1.1.3.Negotiation, implementation, and monitoring of all contracts and leases required for the operation of the Radio System (within the bounds of the Operating Budget). 1.1.4. Providing necessary reports and updates related to the Radio System and Stanly Radio 1.1.5.Evaluation of all requests for new or additional equipment, including the potential for adverse loading effects. The request and evaluation may be presented to the Stanly Radio Communication Council for consideration and comments. 1.1.6 Managing the loading and performance of the Radio System.  Subsystem operation and upgrade projects.  1.2. Fixed Site Management.  1.2.1. Maintaining all fixed site equipment associated with the Radio System and the Stanly 1.2.2. Using diligent efforts to ensure that all Radio System and the Stanly Radio Subsystem equipment failures and/or problems receive priority service necessary to maintain the 1.2.3. Submitting status reports and updates on construction projects relating to the Radio System or the Stanly Radio Subsystem to the Stanly Radio Communication Council. 1.24.Documentation and maintenance of all equipment records associated with the fixed site equipment utilized in the Radio System and the Stanly Radio Subsystem.  Radio Subsystem.  agreed upon system availability (see paragraph 2.1.1).  1.3. Strategic Planning.  1.3.1. Design and support associated with sufficient signal strength coverage on the Radio System and the Stanly Radio Subsystem for public safety services. 1.3.2. Identifying and evaluating new technology and/or potential enhancements and upgrades for the Radio System and the Stanly Radio Subsystem. 1.3.3.Working with the Stanly Radio Communication Council to develop the "Strategic Plan" 1.3.4. Working with the Stanly Radio Communication Council to review and update the  as described in Section 3.7.  Strategic Plan every two years. The Radio Communication Manager will make a report at the end of each fiscal year toi inform all parties of progress being made to implement the  Strategic Plan.  16    1.4. Development of Budget and Chargeback Model  1.4.1. Adjusting the annual Radio Service Fees ifr necessary as provided in the Agreement. 1.4.2.Development of capital and operating budgets necessary for the operation, maintenance, 1.4.3. Review and revise radio services chargeback models as required to ensure appropriate 2. RADIO NETWORK SERVICE LEVELS. The Operator will provide the following levels of service to  and upgrade oft the Radio System.  allocation of Radio System and Stanly Subsystem costs.  the Customer.  2.1.1."Radio Network. Availability" is defined as the total actual uptime oft the Radio  System and Stanly Radio Subsystem divided by the amount of possible available uptime less: (a) scheduled downtime and (b) downtime due to Force Majeure. The' "Targeted Network Availability" is 99.9%, as measured by the Motorola Monthly Metrics Report. 2.1.2.lf the Radio Network Availability, as measured by the Motorola Monthly Metrics Report, is less than Targeted Network Availability for three consecutive monthly reporting periods, or four months out of any consecutive twelve-month period, the Stanly Agency will receive a credit against future Radio Service Fees equal to 25% of the operating expense portion oft the Stanly Agency's Radio Service Feei for each month ofr non- 2.1.3. IfRadio Network Availability drops below Target Network. Availability for two consecutive monthly reporting periods, the Radio Communication Manager will inform all affected Stanly Agencies as to the nature of the problem, the proposed resolution and the 2.1.4. Upon written request to the Operator, the Stanly Administrator will receive a copy of the monthly "Metrics Report" delivered by Motorola, or any other company then monitoring 2.2. Service Level for Network Access. The Operator shall comply with the following "Service 2.2.1. New radio IDs will be issued within 2 working days of receipt of request, provided that the Operator's Representative has determined that such additional radios are allowable 2.2.2. Operator will provide level of access to personnel approved by the Stanly Administrator needed to make subscriber update changes to the User Configuration Manager (UCM). 2.3. Service Level Requirements for Emergency Service Calls. The Operator shall comply with 2.3.1.Definition of Emergency Service Calls. Severity Level 1 calls as defined in the chart below shall constitute Emergency Service Calls." AllI Severity Level 2 and below service calls shall constitute "Routine Service Calls, and shall be subject to Section 2.4of  compliance.  timeframe for resolution. the Radio Network. Levels for Network Access."  within the terms of the Agreement.  the following "Service Levels for Emergency Service Calls."  this Exhibit.  17    Severity Level  Problem Type and examples (If applicable) Regional controller down. Network Down.  Severity 1  Total loss of communications or functionality. Network in' "Sitet trunking" (HP or Database  Affected equipment is in excess of 20% at server down).  any one site or location. 7X24 response THIS IS DENOTED BY THE STANLY AGENCIES AS AN EMERGENCY SERVICE CALL Severity 2 noti in excess of 33% at any one site or location. 8X5 standard business day response. THIS IS DENOTED BY THE STANLY AGENCIES AS A' "ROUTINE SERVICE CALL". ALL SEVERITY2 AND BELOW ARE "ROUTINE SERVICE CALLS" Severity 3 ROUTINE Severity 4 scheduled date. ROUTINE  Console down.  Configuration issues - Single X-terminal  Network impaired, but affected equipment is problem (local or remote).  Trackball broken  Upgrades or intermittent problems, Network Scheduled Preventative Maintenance. Scheduled upgrades and Network expansions.  Non-critical questions. Technician is not on problems presently being monitored.  site. 8X5 standard business day response. Parts Question.  Specific statement of work performed at  2.3.2.Service Levels for Emergency Service Calls  Service Level for Emergency Service Calls Operator (land line, cellular or radio) Call Logging Call Routing  Response To Emergency Service Calls This is currently Motorola's responsibility. 100% of onsite emergency calls logged within 1 hour. 100% of calls routed within 15 minutes of call conclusion. This is Radio Technician arrives, troubleshoots, diagnoses, starts repairs, or swaps out failed equipment, 80% of requests within 2.5 hours, begin within 2.5 hours (including work performed remotely) 100%  Telephone Answering by Human 100% of calls answered will be answered by al Human Operator.  currently Motorola's responsibility.  Repair of Covered Equipment (for which the Stanly Agency this Agreement)  purchases maintenance under provided that ift the request involves the radio console work, will  of the time.  2.4. Service Level Requirements for Routine Service Calls. The Operator shall exercise reasonable diligence in responding to Routine Service Calls, and will provide the Stanly Agencies with the same level of service in this regard as is received by Operator's agencies.  18    3. MAINTENANCE SERVICES. The following services are provided as an optional service referenced inE Exhibit D technician support". Ift the "technician support" option is not chosen, the Operator will provide such services if and when requested by the Customer based on resource availability and at 3.1.Installation and removal of mobile equipment. Installation and removal of electronic equipment mounted in a vehicle or on motorized equipment. Ifa Stanly Agency elects to 3.1.1.Removals of electronic equipment will be performed within one working day for 3.1.2.nstallation of electronic equipment will be performed within two working days 3.1.3.All work will be completed to specifications and price agreed to at time of  the Operator's then current prices for such service.  purchase such service, the following service leveis shall apply: work scheduled five working daysi in advance. for work scheduled five working days in advance.  scheduling.  3.2. Maintenance of electronic equipment. This includes maintenance of all handheld radios, mobile radios, and other vehicle mounted electronic equipment except computers. Included in the maintenance of radio equipment service is unlimited re-programming of radio equipment. If as Stanly Agency elects to purchase such service, the following service levels shall apply. 3.2.1.Equipment will be repaired within five working days except where parts are not  available or other circumstances exist that are beyond our control. For repairs that cannot be completed within thet five days, the customer will be contacted and a completion completed on ai first come first served basis in the drive through. Once started, these scheduled, excepti in quantities in excess oft twenty for which a completion schedule will  schedule established.  3.2.2.Lightbars, fuses, sirens, mounting equipment, and other minor repairs willl be 3.2.3.Programming of radio equipment will be performed within two working days if  repairs will be completed within 30 minutes.  be established.  3.3. Batteries. The Operator agrees to maintain a stock of batteries for the radios utilized on the radio system. Batteries can be purchased at the Motorola Trunked Customers Group Price. 3.4.Consultation and Project Management Services. The following Services may be purchased from the Operator on a case-Dy-case basis on terms mutually acceptable to the Stanly Agency 3.4.1.Assistance in the design andi installation of specialized communication systems. 3.4.2.All special projects will be completed to project specific agreed upon standards. 3.4.3.Project pricing and scheduling will be negotiated with the requesting Stanly Agency. 4. EXCLUDED SERVICES. The Radio Service shall not include and the Operator shall not be required 4.1.Services to equipment which has become defeçtive other than through normal wear and usage,  and the Operator.  to perform the following:  such as, but not limited to:  4.1.1.Accidents, physical or electronic misuse or abuse.  19    4.1.2.Unauthorized attempts by personnel or third parties not from the Operator's Radio 4.2.Services to equipment that is necessary because of unauthorized relocation, reinstallation, or other activities that have altered the equipment or Radio System or Stanly Radio Subsystem. 4.3.Services required because of unauthorized connection of radio equipment to other machines, 4.4.Services required because of unauthorized alterations to other equipment, machines or devices to which the equipment or Radio System or Stanly Radio Subsystem is connected. 4.5.Service needed for Computer terminal due to phosphor burned or defective CRTS. 4.6.Service to personal radios (those not owned by the Stanly Agency paying for service)  Shop to repair, maintain or modify the equipment.  equipment, or devices.  20    Exhibit D  FEES FOR EQUIPMENT MAINTENANCE AND SUPPORT  21    FEES FOR EQUIPMENT MAINTENANCE AND SUPPORT. Annualized costs associated with services to be provided are detailed below. These costs willl be reviewed annually in accordance with Section 30 of Annualized costs in the Contract Costs section below will begin one (1) year after acceptance of the Motorola system. Actual charges will be prorated based on date of system acceptance.  the Agreement.  Motorola Contract Costs SSC with Metrics System Support Cover the cost of monitoring the system for failures, technician dispatch, engineering/technica' support, and performance reporting Upgrade Assurance Program(SUA II) Cover hardware and software cost necessary for keeping the system current. Infrastructure Repair/Advanced Replacement Cover the repair ofi infrastructure equipment. Allows for the replacement offailed equipment immediately without waiting several days for repairs, dependent on part  Annualized $72,575  $74,550  $57,326  availability. Stanly Contracts Total  $204,451  Charges below will not bei ine effect until such time as the Stanly Subsystem is connected to the Regional Radio System. Pricing below is annualized costs. Actual charges will be prorated based on date of  service connection:  Master Site Shared Cost (19.8%) Upgrade Assurance Program(SUAIl, Cover: software and hardware cost necessary for keeping the system current. System Support Cover the cost of monitoring the system for failures, technician dispatch, enginering/technica. support, training and performance reporting Infrastructure Repair/Advanced Replacement Cover the repair ofi infrastructure equipment. Allows for the replacement of failed equipment immediately without waiting several days for repairs. Regional Master Site Total Contract Section Subtotal  Master Site Total $228,368 $278,024  $45,217 $55,049  SSC  $7,895  $39,871  $108,161 $312,612  $546,263  22    Charlotte CIT Support  $126,900  This costi isi for support provided to ensure proper maintenance and operation of the Stanly Radio! Subsystem. Iti includes tower infrastructure maintenance, RCC: support, console maintenance, planning, and administration work effort equivalent to one full time network engineer, radio account management services equivalent to one- fourth business system associate FTE and related radio service management and  strategic planning. TOTAL  $449,512 $88,336  Technician support (optional) AFTE (full-time equivalent) technician to provide subscriber equipment troublesnoting/repai, radio programming. Support can be provided to all devices associated with the Stanly Radio Subsystem. TOTAL w/FTE Technician Support  $537,848  23    Stanly County Board ofCommissioners  Meeting Date: November 18, 2013  1  Presenter:  STANIN COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: J Lectern PC* LI Lectern VCR Lectern DVD LJ Document Camera** Laptop*** *PCise equipped with' Windows XP and Microsoft Office XP( (including' Word, Excel, and PowerPoint), Internet connectivity: and Network connectivity ** Ify youl have need to use the Document Camera and zoomi into a particulararea,' if possible please attach a copy of the document with the: areai 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 ofp projection. *** You can bringi in: al laptop that will: allow video outt to be connected att the lectern- set display to 60Mhz.  for County Employees.  ITEM TOI BE CONSIDERED  CONSENT AGENDA  A. Minutes - Regular meeting of November 4, 2013  B. Transportation, / SCUSA = Request approval of the attached amendments to the FY2013-2014 Health Dept. - Request approval of budget amendment # 2014-11 to accept and appropriate D.F Finance - Consider and approve the attached vehicle tax refund report for October 2013.  System Safety Program Plan  funds received from the NC Division of Public Health  Request approval of the above items as presented.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to 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 thel Board  Date    7A  STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES NOVEMBER 4, 2013  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  CALLTOORDER  The Stanly County Board of Commissioners (the "Board") met in regular session on Monday, November 4, 2013 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons. Chairman Mcintyre called the meeting to order, gave the invocation and led the pledge of  allegiance.  APPROVAL/ADJUSTMENTST TOTHE AGENDA  Commissioner Asciutto stated that the Albemarle Downtown Development Corporation (ADDC) had requested the Board's support and approval for a fireworks display during the Albemarle Downtown Christmas Event scheduled for Saturday, December 7th. This item was added as  Item # 4(B) for further consideration.  By motion, Commissioner Dennis moved to approve the agenda as amended and was seconded  by Commissioner Asciutto. The motion carried by unanimous vote.  EXCUSED FROM' VOTING  Vice Chairman Morton requested to be excused from participating in Item# 1(C) = Rezoning request for American Towers LLC on behalf of Wade Hinson. Vice Chairman Morton stated he represented Mr. Hinson at the time he purchased the property that is being considered for  rezoning and considers it a conflict of interest.  Page 1of5    Commissioner Asciutto moved to excuse Vice Chairman Morton from the discussion of Item # 1(C) and was seconded by Commissioner Dennis. The motion passed by unanimous vote.  TEM#1-PLANNING: &2 ZONING Presenter: Michael Sandy, Planning Director  A. ZA 13-06 - Rezoning request by American Towers, LLC on behalf of Joyce Ann Hartsell American Towers and property owner Joyce Baucom requested the rezoning of a 100' X 100' section of a 12.63 acre parcel (RECN 1563) located at 8499 Renee Ford Road from RA to RA/TO to erect a 195 foot monopole telecommunications tower. The Planning Director provided a brief overview of the request including the factors used to evaluate a tower for aesthetic reasons based on section 614.4 of the Zoning Ordinance and staff recommendations for the conditions of approval. The Planning Board forwarded the case to the County Commissioners with a favorable recommendation, in accordance with the  Baucom  2010 Stanly County Land Use Plan.  Chairman Mcintyre declared the public hearing open. During this time, Brian Pearce, an attorney with Nexsen-Pruet, came forward to address the Board in support of the rezoning request. With no one else coming forward to speak, the public hearing was closed. By motion, Commissioner Dennis moved to approve rezoning request ZA 13-06. His motion  was seconded by Commissioner Asciutto and passed with a5-Ovote.  B. ZA13-07- - Rezoning request by American Towers, LLC on behalf of Nancy Carpenter American Towers and property owner Nancy Carpenter requested the rezoning of a 100' x 100' section of a 7.16 acre parcel (RECN 4003) located at 12449 NC 138 Highway from RAto RA/TO to erect a 195 foot monopole telecommunications tower. The Planning Director again provided an overview of the request which included the factors used to evaluate a tower for aesthetic reasons based on section 614.4 of the Zoning Ordinance and staff recommendations for the conditions of approval. The Planning Board forwarded the case to the County Commissioners with a favorable recommendation, in accordance with the With no questions from the Board, Chairman Mcintyre declared the public hearing open. Attorney Brian Pearce came forward to address the Board and spoke in favor of the  2010 Stanly County Land Use Plan.  rezoning request.  With no one else coming forward, Chairman Mcintyre declared the public hearing closed.  Page2of5    Commissioner Dennis moved to approve rezoning request ZA 13-07 and was seconded by  Commissioner Asciutto. The motion carried by unanimous vote.  . ZA13-08- - Rezoning request by American Towers, LLC on behalf of Wade Hinson American Towers and property owner Wade Hinson requested the rezoning of a 100' z 100' section of a 50.66 acre parcel (RECN 24846) located at 14120 Travis Road from RA to RA/TO to erect a 195 foot monopole telecommunications tower. The case was forwarded by the Planning Board with a favorable recommendation in accordance with the 2010 Stanly  County Land Use Plan.  Chairman Mcintyre declared the public hearing open. Once again, Attorney Brian Pearce came forward to speak in favor of the rezoning and to answer any questions. With no one  else coming forward, the hearing was closed.  By motion, Commissioner Dennis moved to approve rezoning request ZA 13-08 and was seconded by Commissioner Asciutto. The motion passed with a 4-0 vote (Vice Chairman  Morton was previously excused from voting due to a conflict ofi interest.)  D. SDA 13-01 County Planning Board Text Amendment to Modify the Stanly County Subdivision Ordinance, Section 66 -72, Curb, Gutter and Sidewalks, and Section 66 - 90 Board consideration was requested in amending Section 66-72Curb, Gutter and Sidewalks by removing the current language and replacing it with the following: "Sidewalks are at the option of the developer and any horizontal portion of curb & gutter is counted into the  Construction Criteria Point Approval System  pavement width."  Secondly, it was requested that Section 66 -90 Construction Criteria Point Approval System  be amended by adding the following: 2-Sided Sidewalks Curb and Guttering Home Owners Association  20 pts Per ADA requirements on both sides 25 pts Standing or Valley Type 10 pts Recorded and Enforced  Engineered Storm Drainage 20 pts Designed and approved underground  The Planning Board recommended the above-mentioned text amendment be adopted. After a brief period of questions from the Board, Chairman Mcintyre declared the public  hearing open. With no one coming forward, the hearing was closed.  Page 3of5    Commissioner Dennis moved to approve text amendment SDA 13-01, was seconded by  Commissioner Asciutto and passed with a! 5-Ovote. E.A APPOINTMENT TO THE BOARD OF ADJUSTMENT replacement to serve her unexpired term until June 30, 2016.  Due to the recent resignation of Rebecca Carter, it was requested the Board appoint a  Commissioner Dunevant moved to table this item and was seconded by Commissioner Asciutto.  The motion passed by unanimous vote.  TEM#2-TARHEEL CHALLENGE ACADEMY SPECIAL STATE GRANT FUNDS  Presenter: Andy Lucas, County Manager  The North Carolina General Assembly adopted the State budget for fiscal year 2013-2014 to provide a special grant in the amount of $3,092,000 to Stanly County for the renovation and construction of a new Tarheel ChalleNGe Academy in New London. The County will act as the fiduciary agent for the grant funds and provide all required documents to the NC Office of State Budget for execution of the funds. The County will also work closely with the Stanly County School System prior to the start of the project to work out all of the issues associated with the facility improvements, access, liability, utility expenses associated with the New London school facility. It was requested the Board approve the attached resolution stating its support in partnering with the NC Air National Guard and Tarheel ChalleNGe Academy, and to recognize,  receive and appropriate these funds.  By motion, Commissioner Dennis moved to approve the resolution and was seconded by  Commissioner Asciutto. The motion carried by unanimous vote.  Upon a second motion, Commissioner Dunevant moved to recognize, receive and appropriate these funds. His motion was seconded by Commissioner Dennis and passed by a vote of5-0. TEM#S-APOINIMENT TO THE GASTON COMMUNITY ACTION, INC. BOARD OF DIRECTORS Itv was requested that Ms. Deloris Chambers be considered for reappointment to the Gaston Community Action Board of Directors to serve a term from December 2013 - December 2016. Commissioner Dennis moved to approve the reappointment of Ms. Chambers as requested. The motion was seconded by Commissioner Dunevant and carried by unanimous vote.  Presenter: Andy Lucas, County Manager  Page 4of5    ITEM #4- CONSENT AGENDA  A. Minutes- - Regular meeting of October 21, 2013  ITEM # 4(B) - ALBEMARLE DOWNTOWN DEVELOPMENT CORPORATION FIREWORKS DISPLAY The Albemarle Downtown Development Corporation (ADDC) requested the Board's consideration in approving a fireworks display as part of the Albemarle Downtown Christmas  REQUEST  Presenter: Commissioner Asciutto  event scheduled for Saturday, December7th.  By motion, Commissioner Dennis moved to approve the fireworks display and was seconded by  Commissioner Dunevant. The motion passed unanimously.  PUBLIC COMMENT None  GENERAL COMMENTS & ANNOUNCEMENTS  Commissioner Asciutto noted that the luncheon hosted by the Senior Center the previous week which included Olympic Gold Medalist Billy Mills as the guest speaker was well attended and  overall a great program. ADJOURN  With no further business presented for discussion, Commissioner Dennis moved to adjourn the meeting and was seconded by Commissioner Asciutto. The motion carried by a 5- 0 vote at  7:47 p.m.  Gene Mcintyre, Chairman  Tyler Brummitt, Clerk  Page 5 of5    Stanly County Board of Commissioners  Meeting Date: November 18", 2013  x7B  Presenter:  STANIN COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: J Lectern PC* Lectern VCR LZJ Lectern DVD L Document Camera** Laptop*** *PCi ise equipped with' Windows XP and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you have need to use thel Document Camera and: zoomi into: a particular area, if possible please attacha a copy oft the document with the area indicated  Please Provide al Brief Description of your Presentations format: that you need toz zoomi into. A laser lighti is available top pinpoint your: area ofp projection. *** You can bring ins a laptop that will allow video out tol be connected at thel lectern- set display to 60Mhz.  for County Employees.  ITEM TOBE CONSIDERED  System Safety Program Plan -NCDOT-PTD requires that each transit system implement a Safety Program plan. The original plan was adopted by the Commissioners on September 14",2 2009 with annual approvals since that time. Several changes have been made in the plan to conform with new federal/state regulations as well as a few departmental changes. See attachment.  Request approval oft the amendments to the FY 13-14 System Safety Program Plan for SCUSA  Transportation.  Signature: Gwen Hinson, Transit Director  Dept. Transportation Services Attachments:  Date: 11-5-2013  Yes X Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    SCUSA TRANSPORTATION SYSTEM SAFETY PROGRAM POLICY (SSPP)  FY2013-20141 UPDATES  The following items have been updated/deletedadded from the policy:  Reference to external lifts on wheelchairs deleted - there are no longer any vehicles in Deleted references to AS400 software and put in New Finance/HR program  the fleet with external lifts  Documented locations of training files  Added signage for stopping at all railroad tracks have been added to the outside of Added drivers are allowed to wear ANSI approved shirts instead of vests if desired.  each vehicle  Updated documentation oftrainer's certifications Updated policy on Vehicle/Driving: Accident Consequences"  Revised Complaint Policy and Forms to comply with updated Medicaid requirements Add "No positive drug or alcohol test results within the last two years" to driver selection Added permission form for Motor' Vehicle Background Check for applicants  criteria  Updated departmental Employee Conduct policy  Updates approved:  Chair - Stanly County Board of Commissioners  Date  SCUSA Transportation: -Director  Date    Stanly County Board ofCommissioners  Meeting Date: November 18, 2013 Presenter: Dennis  1C  STANIN COUNIY  Joyner  Consent Agenda Regular Agenda  Presentation Equipment: LJ Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** *PCise equipped with Windows XP: and! Microsoft Office XP( (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify youl have need to use the Document Camera and: zoom into: a particular area, if possible please attachac copy of the document with the area indicated  Please Provide al Brief Description of your Presentations format:_ that you need toz zoomi into. AI laser lighti is available top pinpoint your: area ofp projection. *** You can bringi ins a laptopt that will allow video out to be connected: att thel lectern- set display to 60Mhz.  for County Employees.  ITEM TOBE CONSIDERED  The Stanly County Health Department has received notification of additional funding in the amount of $8,000 from the N.C. Division ofPublic Health through the Healthy Communities program. The Healthy Communities program provides North Carolina counties with resources to develop and implement policy, systems, and environmental change interventions that improve local food systems, increase food security, promote active living through planning, reduce and prevent tobacco use, and prevent chronic  diseases, violence and injury.  Request acceptance of funding in the amount of $8,000 from the NC Division of Public Health and  appropriation to the Health Department's FY13-14 budget.  Signature: g  Dept.: Public Health Attachments:  Date: 11/12/2013  Yes Certification of Action Certified to be at true copy oft the action taken the County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  by Stanly  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Revised 07/07/2003  AMENDMENT NO: 2014-11  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that thet following amendment be made  tot the annual budget ordinance for the fiscal year ending June 30, 2014: To amend Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 33,700 $ 8,000 $ 41,700  FUND/DEPART ACCOUNT NUMBER 110.5110  ACCOUNT DESCRIPTION  AS  NUMBER  230.000 Education Materials  TOTALS  33,700 $  8,000 $ 41,700  This budget amendment is justified as follows:  To budget in General Health additional revenue from the NCI DPH for Healthy Communities activities. This will resulti in ar net increase of $ 8,000 in expenditures and other financial use tot the County's annual budget. To provide the additional revenue for the above, thet 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  FUND/DEPART ACCOUNT NUMBER 110.3500  ACCOUNT DESCRIPTION  AS  NUMBER  330.10 Health & Human Services $ 721,207 $  8,000 $ 729,207 8,000 $ 729,207  TOTALS  721,207 $  SECTION2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, andt to the Finance Director.  Adopted this_  day of  20_  Verified by the Clerk of the Board ME  1l/iz/i3 Date #-13-13 Date Date  Posted by Journal No. Date  County Manager's Approval  11/12/2013 4:44 PM  BA2014-11.xis    Revised 10/19/2007  Stanly County Board of Commissioners  SIANIN Meeting Date: November 18, 2013  "7D  COUVIY  Presenter: Consent Agenda  Consent Agenda Regular Agenda  ITEMTOI BECONSIDERED  Please see the attached October 2013 refund report from the North Carolina Vehicle Tax System for taxpayers due vehicle refunds over $100 which requires Board of Commissioners approval.  Consider and approve the attached vehicle tax refunds.  Signature: Date: 1-5-13  Dept: Attachments:  yes Certification of Action Certified tol be a true copy oft the action taken by the Stanly County Board of Commissioners on  no  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    8888 aj 888 1 e 808