STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AGENDA SEPTEMBER 4, 2012 7:00 P.M.  CALL TO ORDER & WELCOME - CHAIRMAN DUNEVANT  INVOCATION - COMMISSIONER MORTON APPROVAL/ADJUSTMENTS TO THE AGENDA  SCHEDULED AGENDA ITEMS  1. LAKE TILLERY RESIDENT TODD MORTON  Mr. Morton would like to address the Board to request a public hearing be held and a resolution passed designating the area around the marina  asano-wake zone.  2. NEWL LONDON VOLUNTEER FIRE DEPARTMENT Presenter: Tate Daniels, Treasurer  A. Hold a public hearing concerning the issuance of a note to the New London Fire Department with loan proceeds to be used for the B. Request Board consideration in adopting a resolution approving the  purchase of new rescue truck issuance of the note  3. PRESENTATION OF THE TRI-COUNTY FARM & FOOD COUNCIL Presenter: Robin McCree, Interim Board Chair  4. HEALTH DEPARTMENT  A. Request to carry forward and appropriate funds to the FY 12-13 budget from the Charlotte Affiliate of Susan G. Komen for the Cure Foundation    B. Request authorization to accept grant funds in the amount of $10,000 from the BCBS of NC Foundation into the FY 12-13 dental budget Request authorization to sell unusable and irreparable dental hand- D. Request authorization to apply for grant funding from The Cannon Foundation, Inc. to expand operatories in the dental clinic E. Newly revised Stanly County Animal Control Ordinance  pieces.  1. Hold the public hearing control ordinance  2. Request the Board approve, modify or deny the proposed animal  5. LIBRARY  Presenter: Melanie Holles, Library Director Book, 1 Community Months for Stanly County  Proclamation declaring September and October 2012 as 411-4 Districts, 1  6. SHERIFF'S OFFICE  Presenter: Sheriff Rick Burris  Request approval of budget amendment # 2013-03 7. UTILITIES - 2011 CDBG INFRASTRUCTURE HOOK-UP GRANT  Presenter: Donna Davis, Utilities Director  A. Request Board approval of the policies, procedures, plans and B. Request award of the administrative services contract to Carolina C.R Request approval of the grant project ordinance and associated budget  resolutions  Governmental Services, LLC  amendment # 2013-04 for the project  8. TAX ADMINISTRATION  Presenter: Melia Miller, Tax Administrator  Presentation of the 2013 Revaluation Schedules, the Schedule of Values for Market Value and the Schedule of Values for Present Use Value    9. PLANNING & ZONING  Presenter: Michael Sandy, Planning Director  Presentation of the proposed County of Stanly Minimum Housing  Ordinance  10. BOARD & COMMITTEE APPOINTMENTS Presenter: Andy Lucas, County Manager  A. Community Oversight Board for Cardinal Innovations Healthcare  Solutions  B. Economic Development Commission C.S Senior Services Advisory Board Appointments  11.NCACC: 2013-2014 LEGISLATIVE GOALS Presenter: Andy Lucas, County Manager  12. HOMES OF HOPE  Presenter: Andy Lucas, County Manager  13. CONSENT AGENDA  A. Minutes = Regular meeting of August 6, 2012, special meeting of August 13, 2012 and emergency meeting of August 24, 2012 B. Tax - Refund requests for Mi Fuente Mexican Restaurant, Cynthia Lewis, Billy & Margaret Thomas and Julian Trail. .U Utilities - Request to renew approval of the Stanly County Language D.A Airport- Request approval of the Talbert & Bright Inc. work authorization # 3803-1203 and its associated project ordinance  Access Plan  PUBLIC COMMENT  GENERAL COMMENTS & ANNOUNCEMENTS    CLOSED SESSION  To consult with the County Attorney in accordance with G.S. 143-318.11(a)13) to discuss the 401 water quality permit intervention and APGI's public records  requests lawsuit. ADJOURN  The next regular meeting is scheduled for Monday, October 1, 2012 at 7 p.m.    Stanly County Board of Commissioners  SIANIN Meeting Date: September 4, 2012  Presenter: Todd Morton  COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD D Document Camera** Laptop*** *PCis equipped with' Windows XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify youl have need to uset thel Document Camera and: zoomi intos a particular area, if possible please: attacha a copy of the document with the area indicated  Please Provide: al Brief Description of your Presentations format: that! you need toz zoom into. Al laser lighti is available top pinpoint your area of 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.  ITEMTOBE CONSIDERED  NO-WAKE ZONE REQUEST FOR THE. LAKETILLERY MARINA  Todd Morton would like to address the Board to request a public hearing be held and a resolution passed to designate the area around the marina as a no-wake zone. He understands that the public  hearing would take place as part of the October 1,2 2012 meeting agenda.  Request the Board set a public hearing date of October 1, 2012.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  -  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to thel Board  Date    Designating Local Water Satety Zones by Rule  Page I of2  HOME I CONTACT US IGIVE TO WILDLIFE I SEARCH SITE  North Carolina  Hhlfe  V  RexourGommiston ONLINE SERVICES No Wake Zones General Information Designating Local Water Safety Zones by Rule Application Packet Instructions The application packet consists of the following: 1.A completed form D-1 that names the body of water and gives a clear description of the area to be marked as a No Wake Zone. 2.A. certified resolution that formally requests the Wildlife Resources Commission to undertake rulemaking for purposes of establishing a no wake zone.For examples of local government county and here for city. 3. Two copies of a map showing the area to be marked. The map must be sufficiently clear that a person who is unfamiliar with the area can locate the area that is intended to be designatedar no wake zone. 4.A A cover letter. The cover letter includes reference to the newspaper in which the public required to mark the: zone and musts state whether the markers will be purchased by the local governmental unit or by private citizens. This information is report the state or local fiscal impacts ofa a rule. Mail the application packet to: N.C. Wildlife Resources Commission Attn: Betsy Foard, No Wake Zone Coordinator 1701 Mail Service Center Raleigh, NC 27699-1701 Upon receipt of the complete application packet an investigation by the WRC Enforcement Division will be conducted to determine whether the proposed rule is  PURCHASE LICENSES COMMISSION INFORMATION LICENSE-PERMITS REGULATIONS FISHING HUNTING TRAPPING INJURED WILDLIFE NUISANCE WILDLIFE WILDLIFE SPECIES & CONSERVATION EDUCATION CENTERS EDUCATION WORKSHOPS EMPLOYMENT NEWS RELEASES N.C.WILDSTORE GIVETON AHle  RENEW VESSEL REGISTRATIONS  BOATING & WATERWAYS  REGISTRATION-T TITLING Designating Local Water Safety Zones By Rule  North Carolina General Statute $75A-15 authorizes the Wildlife Resources Commission toe establish water safety rules solely int the interest ofr mitigating waters safety hazards. Rules promulgated by the WRC are codifiedi in the North Carolina Administrative Code governmental unit with territorial jurisdiction over the waters in question. The governmental unit may be a county or Administrative Code may take from twelve to eighteen months.  (NCAC).I  BOATING &V WATERWAYS Formal application for ulemaking must ber made by the local  municipality. Thep process for rulemaking under the North Carolina gives the substance oft the rule,  Thel local governmental unit firstr must advertise and holda aj public hearing was advertised and the hearing about the No Wake Zone proposal. The hearing date, time date and location of the public andl location must be advertised inar newspaper thati isl likely to be hearing. The cover letter includes read by thel local citizenry. The public! hearingr must occur priort to the estimated number of markers  the adoption ofar resolutiont that formally requests the Wildlife Resources Commission tot take action ont the proposal. Upona at findingt that the rulep proposali is necessary to address a water safety hazard the Wildlife Resources Commission will contact name and address forp public comment are published for sixty daysi int the North Carolinal Register. After the comment period closes ther rule proposal is presentedt tot the' Wildlife Resources Commission for adoption. Following adoption oft the rule by vote oft the Wildlife Resources Commission ther rule is submitted tot the Rules Review Commission (RRC) for approval. Ift the RRC approves the rulei it usually becomes effective ont thet first day oft ther month following  undertaker rulemaking. The notice of text for the rule proposal and important because the WRC must  that approval.  Please note:  Regulatory buoys and signs that mark No Wake Zones must conform tot the standards oft the U.S. Aids to Navigation (USATONS). The Wildlife  p/2162739.10/PBauting Waterwaysnwz.rmules.htm  8/28/2012    Designating Local Water Safety Zones by Rule  Page 2 of2  Resources Commission does not purchase or maintain No Wake markers. However, our Engineering Services Division can provide technical assistance regarding marker purchase and placement.  necessary to address a water safety hazard.  Enforcement of No Wake Zonesi isl limitedt to areas thath have been properly established andp properly marked. AN No Waker markert that does not conform to USATONS standards ort that has been placed without authorization is subjectt tor removal. An unmarked No Wake Applicants from North Carolina's coastal counties may ber required to obtain a Coastal Area Management. Act (CAMA) permit from the Division of Coastal Management (DCM) inc order top place al buoy ors signi in navigable waters. The North Carolina' Wildlife Resources Commission will nota authorize implementation ofa No Wake Zone within a coastal county without a permit from the Division of Coastal Management oral letter from that agency statingt thata a CAMAI District offices and contact information may bef founda at MAASAEL dcm.htm. The establishment ofaN No Wake Zone within federal waterss such as thel Intracoastal" Waterway (ICW) must be authorized! by the U.S. Army Corps of Engineers and is marked tol USATONS standards byt the U.S. Army Corps of Engineers and U.S. Coast For more information about No Wake Zones contact Betsy Foard, NoV Wake Zone Coordinator, at( (919) 707-0013orat baty/barienewidlieon,  Zonei isr note enforceable.  permiti isr not required.  Guard.  @ 2011 NORTH CAROLINA WILDLIFE RESOURCES COMMISSION Terms and Conditions ContactUs I NCSU Centennial Campus, 1751 Varsity Drive, Raleigh, NC: 27606 1919-707-0010 REPORT WILDLIFE VIOLATIONS 1-800-662-7137 (Raleigh Area 919-707-0040)  p216290/Boting. Watenwayshwz.nuiles.htm  8/28/2012    Stanly County Board of Commissioners Presenter: Tate Daniels, Treasurer for the New  SIANIN Meeting Date: September 4, 2012  2  COUNIY London VFD  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR LJ Lectern DVD Document Camera** Laptop*** * PCise equipped with' Windows XP: and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyoul have need to use thel Document Camera and: zoom into aj particular area, if possible please: attach: a copy oft the document with the area indicated  Please Provide: a Brief] Description ofy your Presentations format: that you need toz zoomi into. Al laser lighti isa available to pinpoint your area of projection. *** You can bringi ins al laptop that will allow video out tol be connected at thel lectern- set display to6 60Mhz.  for County Employees.  ITEM TOB BE CONSIDERED  NEW LONDON VOLUNTEER FIRE DEPARTMENT  Please see the attached information pertaining to the purchase of a new rescue/service truck for the New London VFD. Included in the agenda packet is a current year-to-date balance sheet, the current year budget, loan commitment letter from the Bank of Stanly and resolution for your review.  Hold the public hearing  Request Board consideration in adopting a resolution to approve the issuance of the note  with Bank of Stanly in the amount of $200,000.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be a true copy of the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    The Stanly News & Press P.O. Box 488 Albemarle, NC 28002 704)982-2121  AFFIDAVIT OF INSERTION  DATE; 8/aa/1a  CLASSIFICATION  START  EDITIONS 8-21-la  SIZE 044Va  TOTAL CHARGES $8983  hoonn Duplarg 8-al-la  tobèe  IB0OUP-IS+ ste.D  mbHSaege  Alloemarsbs C 08001  NORTH CAROLINA, STANLY COUNTY AFFIDAVIT OF PUBLICATION  PPublic Hearing Notice Notice isl hereby given that the Stanly County Board of Commissioners located in Albemarle, North Carolina, will meet on' Tuesday, September 4, 2012 at 7:00 p.m. in requirements of Section. 147(f) of the Internal Revenue 2012 E-One/IH 4400 2-Door Rescue' Truck which willl be and expenses incidental to aggregate principal amount of  Before the undersigned, a Notary Public of said the commissioners. Meeting Room, Stanly Commons, County and State, duly commissioned, qualified and 1000 North First Street, Albemarle, North Carolina, for authorized by law to administer oaths, personally the purpose of holding a public hearing pursuant to the appeared; Sandy Selvy, who being firs duly sworn, Code of1 1986, as amended, on aj proposal that the Issuer deposes and says; that she is Publisher of a news- enteri into an agreement in order to finance certain paper know as THE STANLY NEWS AND PRESS, equipment. The equipment to be financed consists ofa published, issued, and entered as second class mail located at the New London Fire Department, 310 South in the City of Albemarle, in said County and State; Main Street, New London, North Carolina. that she is authorized to make this affidavit and To finance the costs of such equipment and to pay costs sworn statement; that the notice or other legal $200,000. The Issuer will be required to pay all taxes on advertisement, a true copy of which is at- the equipment. The rental. payments due pursuant to the tached hereto, was published in THE STANLY loan agreement will be secured by a security interest in NEWS AND PRESS on the dates specified on the All persons interested may appear and be heard at said copy attached and that the said newspaper in which time and place, or may file written comments with the such notice, paper, document or legal advertisement Clerk to thel Board prior to the date of hearing set forth  the equipment. heretofore.  was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 or the General Statures of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statures of North Carolina.  60512  to and subscribed to, before me this Sigpey of Huguot, ,2018  uruEname  Sandy Selvy Publisher  Sherry Nance, Notary Public My commission expires July 14, 2016    e  New London Volunteer Fire Department  P.O. Box 236 310 South! Main Street New London, NC 28127  Fire Chief Tim Higgins  AND  08/20/2012  The New London Volunteer Fire Department has ordered a new Rescue/Service truck to replace the current rescue truck that is more than 20 years old. The new rescue truck will have more than double the capacity for storage and all equipment will be visible and immediately available for use. Our current truck has storage compartments and all equipment is stacked and packed just to get it on the truck. These extra steps of having to unload and unpack will be eliminated in situations where seconds could mean the difference between life and death. This Our current ISO rating will not be impacted by the purchase of this truck. We currently have a split rating of a 5 anywhere within 1000 feet of a fire hydrant and a9 everywhere else. The Town of New London is completely covered with the 5 rating and we have fire hydrants located all throughout our district everywhere there are water lines. Water lines are provided by the Pfeiffer North Staley Water The price of the Rescue Truck is $320,000 dollars. We are making a down payment of $120,000 dollars leaving a balance to borrow of $200,000 dollars. We have secured a loan commitment from the Bank of Stanly for a 48 month loan with monthly payment of $5,000 dollars. The anticipated loan closing date is We received two proposals for the rescue truck, both companies were furnished the same specifications request. Their cost proposal's are as follows,  one improvement alone is worth the justification for this truck.  Association and the City of Albemarle.  September 18, 2012.  KME-Kovatch, Nesquehoning Pa.  $330,000 dollars $314,600 dollars  E-ONE, Ocala FI.  We chose E-ONE and after changes and additions we are now at $320,000  Tate Daniels, Treasurer    Beane Swaringen aCompany, PLLC  January 19, 2009 To The Board of Directors New London Fire Department Inc. New London, NC 28127  We were recently contacted by your Treasurer: and we were asked to analyze the accounting records for New London Fire Department Inc. for 2008. We conveyed to Mr. Daniels the specific items that we would need to complete our process. Within two days all of that information was provided to us. Specifically we: selected three months from 2008 and checked all transactions that occurred during those months for accuracy, supporting documentation (receipts, cancelled checks and/or deposit slips) and appropriateness with respect to the Fire Department. Inaddition to checking each transaction occurring int the months selected, we analyzed the entire year for reasonableness of transactions and During our process we did not find any transactions that required any modification or lacked documentation. We are: satisfied that the current records and the overall appropriate based on the information provided to us by Mr. Daniels.  the overall appearance ofy your accounting records.  supporting  accounting process is  Sincerely, S.Todds  CPA  5 Beane Swaringen & Company, PLLC  Cynthial H.I Beane, CPA . S.Todd Swaringen,CPA . Julie W.N Moxley,CPA . Sandra K. 960 Shankle Street . PO. Box 908 Albemarle, NC: 28002 . 704-982-0126 . Fax 704-982-1104 Gann,CPA 241 Town Centre Drive Locust, NC 28097 . 704-888-6884 * Fax 704-888-6998    Current YTD Balance Sheet (Includes unrealized gains) Asof8/22/2012 Account  8/22/2012  Page 1  8/22/2012 Balance  ASSETS Casha and Bank Accounts CHECKING SAVINGS TOTAL Cash and Bank Accounts Other Assets BUILDINGS & LAND VEHICLES & EQUIPMENT TOTAL Other Assets TOTAL ASSETS LIABILITIES & EQUITY LIABILITIES EQUITY  6,922.92 212,738.19 219,661.11 835,000.00 488,194.50 1,323,194.50 1,542,855.61  0.00 1,542,855.61 1,542,855.61  TOTALI LIABILITIES & EQUITY    2012 Budget  1/1/2012 Through 12/31/2012 Using Budget 2012  8/22/2012  Page 1  1/1/2012 Actual 2,450.00 6,860.00 500.00 10,000.00 10,000.00 311.75 150.00 1,082.53 125,488.54 125,488.54 146,842.82 9,252.19 2,216.71 409.90 251.00 12,129.80 32,200.00 2,271.28 318.23 4,427.76 9,490.00 9,490.00 436.11 15,842.25 1,765.92 260.00 443.81 2,155.50 2,526.07 184.08 98.10 744.04 87.60 3,639.89 3,350.07 30.00 0.00 677.40 110.83 788.23 46.67 285.15 331.82 1,120.05 178.65 90,059.32  12/31/2012 Difference -1,750.00 -4,900.00 500.00 0.00 0.00 11.75 150.00 282.53 -751.46 -751.46 -6,457.18 6,747.81 4,783.29 190.10 149.00 11,870.20 0.00 1,728.72 1,681.77 1,572.24 510.00 510.00 363.89 1,157.75 1,234.08 1,540.00 2,256.19 2,344.50 1,973.93 1,815.92 151.90 455.96 162.40 4,560.11 3,249.93 3,570.00 25,000.00 447.60 -110.83 336.77 -46.67 189.85 143.18 479.95 121.35 63,240.68  Category Description  Budget 4,200.00 11,760.00 0.00 10,000.00 10,000.00 300.00 0.00 800.00 126,240.00 126,240.00 153,300.00 16,000.00 7,000.00 600.00 400.00 24,000.00 32,200.00 4,000.00 2,000.00 6,000.00 10,000.00 10,000.00 800.00 17,000.00 3,000.00 1,800.00 2,700.00 4,500.00 4,500.00 2,000.00 250.00 1,200.00 250.00 8,200.00 6,600.00 3,600.00 25,000.00 1,125.00 0.00 1,125.00 0.00 475.00 475.00 1,600.00 300.00 153,300.00  INCOME 1000- Stanly County Allotment 1050- Stanly County Employee Subsidy 1300- Donations 1400-Grant: Money 1430- Cannon Grant TOTAL 1400- Grant Money 1500- Interest Income 1550-E Building Rental Fees 1800- - Sales Taxi Refund 2000- Tax Receipts 2012-Tax Receipts FY2012 TOTAL: 2000- Tax Receipts TOTAL INCOME EXPENSES 4000- Employee Cost 4010- Payroll 4020- Payroll Tax 4030- Payroll Billing 4050- Employee Misc. TOTAL 4000- Employee Cost 5110-S Savings Fund 5200-E Building Maintenance 5300- EMS Supplies 5400-F Fire Equipment 5500- Fire Grants 5530- Cannon Grant TOTAL 5500- Fire Grants 5600- Fire Training 5700- Insurance 5800- Miscellaneous 5850- Dues 5900- Office Equipment 6000- Radio's 6300- - Utilities 6310-D Duke Power 6320- Propane Gas 6330- Sewer 6340- Telephone 6350- Water TOTAL 6300 Utilities 6400- Vehicle Expense 7000- Pension Fund 7100- Loan! Payments 9000- Sales Tax 9010- State Sales Tax 9010-4.75 % State Tax 9010-5.75 % State Tax TOTAL 9010- - State Sales Tax 9020- - County Sales Tax 9020-2.00 % County" Tax TOTAL 9020- County Sales Tax TOTAL 9000- Sales Tax 9100- Shipping Charges TOTAL EXPENSES    STANLY COUNTY BOARD OF COMMISSIONERS IO0ONORTHFIRST STREET, SUITE 10 ALBEMARLE, NORTH CAROLINA  28001  Lindsey Dunevant, Chairman Gene McIntyre, V/Chairman Tony Dennis Jann Lowder  RESOLUTION APPROVING THE ISSUANCE OF AI NOTE OF Josh Morton NEW LONDON VOLUNTEER FIRE DEPARTMENT, INCORPORATED TOTHE BANK OF STANLY AND DESIGNATING SUCH NOTE ASA  "QUALIFIED TAX-EXEMPT OBLIGATION"  WHEREAS, New London Volunteer Fire Department, Incorporated (the "Issuer") desires to finance the acquisition of a new fire truck for the fire department (the "Project") to be located at 310 South Main WHEREAS, the Issuer will enter into a Term Loan Agreement with Bank of Stanly (the "Bank") by which the Bank will loant to the Issuer not to exceed $200,000 to finance aj portion of the costs oft the Project by WHEREAS, the Issuer will issue its promissory note in the principal amount not to exceed $200,000 substantially in the form attached as Exhibit A1 to said Term Loan Agreement (the "Note"), payable to the WHEREAS, Section 147/f) oft the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of certain obligations and over the area in which any facility financed with the proceeds of such obligations is located shall approve the issuance of WHEREAS, in accordance with Section 150(e) of the Code, the Issuer issues its notes on behalf of the County of Stanly, North Carolina, the Project is located in the County of Stanly, North Carolina and the Board of County Commissioners constitutes the elected legislative body of the County of Stanly, North WHEREAS, a public hearing was held pursuant to proper notice on September 4, 2012, and a certificate regarding the public hearing has been filed with the Clerk to the Board of County Commissioners. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of the County of Stanly,  Street, New London, North Carolina;  the Issuer; and  order of the Bank, to evidence its obligations under the Term Loan Agreement;  such obligations; and  Carolina; and  North Carolina as follows:  (1) The issuance of the Note by the Issuer to assist in the financing of the Project is hereby  approved to the extent required by said Section 147(f) of the Code.    (2) Such approval does not constitute an endorsement to the prospective purchaser of the Note of the creditworthiness: of the Issuer or the Project, and the Note shall not constitute an indebtedness or obligation of the State of North Carolina, the Town of New London, or the County of Stanly, but the note shall be payable solely from the revenues pledged to the payment thereof and no holder or owner of any of the Note shall ever have the right to compel any exercise of the taxing power of said State, or of any county, municipal corporation, or political subdivision thereof, nor to enforce the payment thereof against any property ofs said State or of any such county, municpalcorporation, or political subdivision. (3) The Board hereby finds and determines that the reasonably anticipated amount of tax- exempt obligations (other than obligations described in Section 265(b)(3)(C)() of the Code) which will be issued by Stanly County, North Carolina and all subordinate entities thereof (including but not limited to the Issuer) during this calendar year will not exceed (4) The Board hereby designates the Note to be a "qualified tax-exempt obligation" within the  $10,000,000;  meaning of Section 265(b)(3)(B) of the Code.  Adopted this the 4th day of September 2012.  Attest:  Lindsey Dunevant, Chairman  Tyler Brummitt, Clerk to the Board    Stanly County Board of Commissioners Presenter: Robin McCree, Interim Board Chair  SIANIY Meeting Date: September 4, 2012  3  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 **] Ifyouh have need to uset the Document Camera and: zoom intos a particular area, if possible please attacha a copy oft the document with the area indicated  Please Provide a Brief Description ofyour Presentations format: that you need toz zoomi into. A laser lighti isa available to pinpoint your area of projection. *** You can bringi inal laptop that will allow video out to! bec connected: at the lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  THETRI-COUNTY FARM & FOOD COUNCIL  Enclosed are the mission and vision statements as well as otheri information concerning the proposed tri-county Food & Farm Council (FFC). Thel FFCis seeking formal recognition and  endorsement by the Board ofCounty Commissioners.  Request approval of the enclosed resolution as a show ofs support for the FFC.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    August 27, 2012  Dear Stanly County Commissioners:  On behalfofinterested citizens of Anson, Montgomery, and Stanly Counties, we, the Interim Board oft the tri-county Farm and Food Council (FFC), seeks formal recognition oft the FFC The vision ofthe tri-county Farm and Food Council is a locally based, economically resilient A farm and food system is a network of people, organizations, associated government and non- government institutions, and activities connecting the growing and harvesting, processing, distribution, consumption and residue utilization of food and other farm products. The mission of the tri-county Farm and Food Council is to encourage, support, and coordinate  vision and mission and endorsement by your county government.  farm and food system.  the local farm and food system through:  Agriculture Strengthening the economic vitality and viability of farming; promoting a vibrant community of farmers; maximizing opportunities for farms of all sizes; searching out mentors and farm land available for new: farmers; and supporting farmland protection Economic Development -] Enhancing the broader economic viability ofl local and regional farm and food systems; increasing farmer profitability through better marketing, aggregation and distribution to markets; and increasing the number of local food and Education - Promoting the education and understanding of farm and food systems, agriculture, and environmental protection; and educating new small farmers about Accessibility Promoting access to and distribution ofaffordable, nutritious food Health - Promoting improved public health by broadening access tol locally produced food and providing education on nutrition, food preparation and preservation, and safe  agriculture jobs growing local food  food-handling practices  The creation of the FFC will address the following needs and opportunities in our region: Support and promote agribusiness as it is our region' si number one business. The opportunities for economic development are extensive, as only 8% of our fruits and Support younger farmers as they replace older farmers who are retiring. Economic development will be stimulated as the development oftheir small farm businesses promotes additional business development especially as the niche ofl locally grown foods expands as the need for more local, healthy food grown by more farmers in our region. Increasing access to affordable, locally grown fruits and vegetables will aid in addressing the obesity epidemic. Healthier eating habits will result in healthier citizens which will  vegetables we consume are now grown in the Charlotte region.  decrease health care costs and attract businesses to move here. Preservation of farmlands for future food needs.    The Interim Board has embraced "5 Bold Steps" toward the vision: 1. Establishment of a Farm and Food Council; Farm Fresh Ventures food co-op; viable small farm businesses;  2. A! public awareness and education campaign, including promotion of the five-county 3. Agriculture and agricultural business job training, including a new program among the three community colleges and an incubator farm to train new farmers in how to develop 4. Processing and distribution infrastructure, including bringing together all parties to best 5. Land and food waste management, including preservation of farmland and how to reuse The FFC will consist off five representatives from each county selected by the Interim Board from the following sectors: farming; govemmenVeconomic evelopmen/Coopenative Extension; public health/medical; community colleges; and interested citizens. Thel FFC will encourage, support and initiate programs that will fulfill the vision and mission. For example, the Centralina Council of Governments' HUD grant includes $250,000 that will provide support for the formation of farm and food councils such as ours in each county or sub- region of the region. The FFC will send a representative to the proposed Charlotte regional food council where, over the coming months and years, all councils will be working toward a similar regional vision of a locally based resilient farm and food system and economy. The Interim Board of the FFC respectfully requests that you, the County Commissioners, and your county government endorse the FFC vision and mission. Further, we ask that your county be willing to provide in-kind staff time and in-kind county resources wherever possible. Finally, the Interim Board also requests that this plan be considered for endorsement by the end of September, 2012, SO that the FFC can begin its work as soon as possible.  aggregate and distribute food to markets; and food waste in the input stream.  Sincerely, Robin Melree  Robin McCree, Interim Board Chair    . M 6 S >  S M  a o & 2 a & 9 a 8 M LL O S - - O 0 3 8 6 2 L N 0  9  O  E  - a  S &  <    County of Stanly 10001 N.I Street ALBEMARLE, NORTH CAROLINA 28001  Office of County Commissioners  RESOLUTION  WHEREAS, citizens from Anson, Montgomery and Stanly counties interested in the region's farm and food future have deliberated and collaborated since January, 2011, to establish the vision of a locally based, economically WHEREAS, a farm and food system is a network of people, organizations, associated government and non- government institutions, and activities connecting the growing, harvesting, processing, distribution, consumption and WHEREAS, a tri-county Farm and Food Council is being developed to encourage, support, advocate and coordinate a regional farm and food system that will enhance economic viability; increase farmer profitability through better marketing, aggregate and distribute locally grown foods to markets; improve public health, and increase the number WHEREAS, the FFC will consist of five (5) representatives from each county selected by the Interim Board from the following sectors: farming, govemnmenteconomic evelopmen/Coperaive Extension, public health/medical,  resilient farm and food system for the tri-county region; and residue utilization of food and other farm products; and  ofl local food and agriculture jobs; and  community colleges and interested citizens; and  WHEREAS, the FFC will identify opportunities to collaborate with other farm and food system initiatives in the greater Charlotte region to increase the relevance, sustainability and long-term financial viability of the local tri-county  farm and food system effort; and  WHEREAS, the Interim Board of the tri-county Farm and Food Council (FFC), seeks formal recognition oft the NOW THEREFORE BE IT RESOLVED, the Stanly County Board of Commissioner's formally recognizes and endorses the FFC vision and mission and will work cooperatively to encourage in-kind staff participation and in-kind  FFC vision and mission and endorsement by each county government in thet tri-county region;  resources when applicable, relevant and available. Adopted this the th day of  2012  Lindsey Dunevant, Chairman Stanly County Board of Commissioners  ATTEST:  Tyler Brummitt, Clerk    Revised 02/05/2001  Stanly County Board of Commissioners  STANIN Meeting Date: September 4, 2012  4A  COUNIY  Consent Agenda Regular Agenda  Presenter:  Dennis R. Joyner, Health Director ITEM TO BE CONSIDERED  The Stanly County Health Department received a grant award from the Charlotte Affiliate of Susan G. Komen fori the Cure in the amount of $42,825 that covers the period of April 1, 2012 - March 31, 2013. An initial amount of $21,412.50 was received in FY11-12 and the same amount will be received in FY12- 13. The health department expended $19,004.50 in FY11-12 and is requesting that the difference of $2,408 be carried forward and appropriated to the FY12-13 budget sO that we can fully utilize the grant funding. These funds are used to support the Department's Breast Health Initiative for screening and diagnostic mammograms, ultrasounds, and biopsies for uninsureaunderinsured women who are  enrolled in clinical programs of the health department.  Request approval to carry forward and appropriate $2,408 to the health department's FY12-13 budget in order to fully utilize a grant award from the Charlotte Affiliate of Susan G. Komen for the Cure  Foundation.  Signature: Date:  Dept: Public Health Attachments:  yes Certification of Action Certified to be ai 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    Revised 07/07/2003  AMENDMENT NO: 2013-05  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that thet following amendment be made  to the annual budget ordinance for thet fiscal year ending June 30, 2013: To amend General Fund 110, the expenditures are tol be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 351,800 $ 2,408 $ 354,208  FUND/DEPART ACCOUNT NUMBER 110.5110  ACCOUNT DESCRIPTION  AS  NUMBER  190.000 Professional Services  TOTALS  351,800 $  2,408 $ 354,208  This budget amendment isj justified as follows: To budget in General Health carry-over expenditure allocation from the Charlotte Affiliate of Susan G. Komen for the Cure grant.  This will result in a net increase of $ 2,408 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received int this fiscal year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER 110.3991  ACCOUNT DESCRIPTION  AS  NUMBER  990.000 Fund Balance Appropriated $ 534,066 $  2,408 $ 536,474 2,408 $ 536,474  TOTALS  $ 534,066 $  SECTION2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, and to the Finance Director.  Adopted this_  day of  20_  Verified by the Clerk, ofthe Board R  siza/i2 Date 8-2-12 Date Date  Posted by Journal No. Date  Financ/Directors/ Approval County Manager's Approval  8/28/2012822AM  BA2013-05.xis    Revised 02/05/2001  Stanly County Board of Commissioners  STANIN Meeting Date: September 4, 2012  4B  Consent Agenda Regular Agenda  COUNIY  Presenter:  Dennis R. Joyner, Health Director ITEM TO BE CONSIDERED  The Stanly County Health Department's Dental Clinic has received notification ofa grant award from the Blue Cross and Blue Shield ofl North Carolina Foundation in the amount of$ $10,000. Funding will be used toj purchase needed dental equipment to maintain and enhance services to children. Primary equipment includes an endo rotary system and assorted files for root canals, Curing lights to set up materials for sealants, fillings, bonding agents, a cordless prophy system for cleaning teeth, and replacement ofa 10 year old amalgamator - used to mix materials for fillings, pulp therapy, & cement for  crowns. Funding period for the project is July 2012-June 2013.  Request authorization to accept grant funds in the amount of$10,000 from BCBS ofNC Foundation and  toa appropriate those funds to the Health Department's FY 2012-13 Dental budget.  Signature: Date:  Dept: Public Health Attachments:  K yes Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  no  Review Process  Approved Yes No Initials  Financel Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA FOUNDATION  GRANT AGREEMENT  THIS GRANT AGREEMENT (the "Grant Agreement") is effective as of the date indicated below (the "Effective Date"), by and between the Blue Cross and Blue Shield ofNorth Carolina Foundation, (the "BCBSNC Foundation"), and Grantee (as defined below). This Grant Agreement documents the BCBSNC Foundation's support of the proposal submitted by Grantee to the  BCBSNC Foundation as set forth in Schedule A (the "Project").  Grantee: Project Title: BriefP Project Description:  Stanly County Health Department ("Grantee" 'or" "you")  Healthy Beginnings & Saving Smiles  Expand & improve dental services to underserved Stanly County children by establishing ability to provide local endodontic services and purchasing new dental equipment. (the Project")  Grant Amount: $10,000.00 over 12 months (the "Grant"). The Grant is the sole  amount that the BCBSNC Foundation is obligated toj pay to Grantee  and is subject to the conditions set forth below. 12 months from the Effective Date.  Term:  Effective Date: July27,2012  Use of the Grant: In consideration ofits right to receive the Grant, Grantee agrees to use  the Grant in accordance with this Grant Agreement and solely as set forth in the description of the Project (Schedule A). The parties shall establish specific agreed outcomes consistent with and in furtherance oft the Grant Agreement and Project as specified in Schedule B (which amended Schedule B shall be signed by both parties evidencing their agreement to it). Grantee shall establish and operate the Project and all oft the Project's activities in compliance with all applicable federal, state, and local laws, rules, and regulations. Grantee shall oversee and be responsible for all activities of the Project, and shall be solely responsible for Grantee's compliance with all obligations of Grantee  listed below.  (initial here)    A. Funding Terms. Funding by the BCBSNC Foundation is guaranteed for one time only. The BCBSNC Foundation has no obligation toj provide any other funding or support to the Grantee.  Funding is further conditioned upon:  The execution and return oft this Grant Agreement. Please initial each page oft the Grant Agreement and sign the final page. Please keep a copy ofthis executed Grant Agreement for your records. The BCBSNC Foundation will keep the originally Confirmation that the Internal Revenue Service has recognized the Grantee as a tax- exempt governmental unit or as an organization described in Section 501(c)(3)of the Internal Revenue Code and classified as a nonprivate foundation under Section 509(a). Further, Grantee confirms that its determination letter from the Internal Revenue Service remains valid as to its nonprivate foundation status and its status under IRC Section 501(c)(3) and that it has not undergone any material change in its character, purposes, activities, method of operation or sources of support that would bei inconsistent with that status. Grantee agrees to notify the BCBSNC Foundation immediately ift there is any change in its nonprivate foundation status or its status Grantee's agreement to use the Grant for charitable, educational, or scientific Grantee shall establish specific agreed outcomes acceptable to the BCBSNC Foundation consistent with and in furtherance oft the Grant Agreement and Project as specified in Schedule B (which amended Schedule B shall be signed by both Grantee's agreement to timely submission of project information and reports, as reasonably requested by the BCBSNC Foundation, certifying compliance with the terms oft this Grant Agreement and documenting the use of the Grant and the progress of the Project. All such certification and expenditure reports shall be delivered by Grantee to the BCBSNC Foundation at least once per year, using the Grantee agrees that it will return to the BCBSNC Foundation any monies contributed by the BCBSNC Foundation that are not used for the purposes set forth  executed Grant Agreement for its records.  under IRC Section 501(c)(3). purposes only.  parties evidencing their agreement to it).  templates provided by the BCBSNC Foundation.  int the Grant Agreement.  B. Reporting. All reports required to be submitted by the Grant Agreement shall be sent to:  Katiel Eyes (or other approved representative), Blue Cross and Blue Shield ofl North Carolina Foundation  PO Box 2291 Durham, NC 27702  Katie Eyes is your primary contact for this grant and may be reached at(919) 765-4024  isgedhcfoumaisimwg  (initial here)    C. BCBSNC Foundation Logo and Name Usage. Please be aware that the BCBSNC Foundation must approve all items on which our name and/or logo are included prior to the item(s) production. Please note that approval from the BCBSNC Foundation is not a grant ofa license or a sublicense to any Blue Cross and/or Blue Shield trademarks or service marks. Ift the Grantee does not secure the proper approvals from the BCBSNC Foundation, the Grantee may be held responsible for the unauthorized use oft the BCBSNC Foundation logo and name as well as for the reprinting of any unapproved items at the Grantee's The following standards must be followed when using our name and/or logo:  expense.  When written in text, all words in the name must be completely spelled out and written as follows: Blue Cross and Blue Shield ofl North Carolina Foundation. Ifyouare producing a long text document (for example, a newspaper article) it may be written as The BCBSNC Foundation logo cannot be altered without BCBSNC Foundation's prior written approval. Use of the BCBSNC Foundation logo requires the following tagline: "Blue Cross and. Blue Shield ofNorth Carolina (BCBSNC) and Blue Cross and. Blue Shield of North Carolina Foundation are independent licensees of the Blue Cross Incases where this or a similar statement is already included in the logo graphics file, it Inc cases where another entity's mark or logo appears with a legend identifying that other entity as the owner oft that logo or mark, the legend must also include ownership of marks by either Blue Cross and Blue Shield Association and/or BCBSNC Foundation. These statements may be placed anywhere on the piece. The type must be at least 6 points in size and must remain legible and relatively independent of other copy or The BCBSNC Foundation logo can only appear in white, black or cyan.  BCBSNC Foundation in secondary mentions.  and. Blue Shield. Association (BCBSA). " isnot necessary to add the tagline.  graphics.  Electronic files ofthe logo may be downloaded from the "grantees only" section ofour Web site. Please contact Katie Eyes if you have difficulty accessing the logos or need You may fax or e-mail items needing approval to Katie Eyes or approved representative Please provide final copies of all items on which the BCBSNC Foundation logo and/or  them in a different format.  at (919) 765-2433 at least two business days prior to due date.  names appear.  (initial here)    D. Publicity. Grantee may not share any information about the Grant Agreement with the public or any third party (by way ofa press release or otherwise) until the Grant Agreement is executed, and the BCBSNC Foundation has provided its approval ofthe proposed announcement. Thereafter, any announcements related to this initiative need to be coordinated (in advance and with 30 days of planning time) directly with the BCBSNC Foundation. The BCBSNC Foundation must approve any press releases, banners or any other publicity materials containing its name and/or the mention ofthis grant. Ifthe Grantee does not secure the proper approvals from the BCBSNC Foundation, the Grantee may be held responsible for the unauthorized use ofthe BCBSNC Foundation logo and name as well as for the reprinting of any unapproved  items at the Grantee's expense.  GRANTEE:  Thank you for working with us to adhere to this Grant Agreement. The partnership between the BCBSNC Foundation and Stanly County Health Department is important to  us, as is the success oft this initiative. Name: DENN/S R JOYNER  Title: ARAfh Dinecto  8lilr  or Authorizing Agent  Date  Signature of Board Chair  Date  Name: Title:  (initial here)    SCHEDULE A agreement.]  [Your grant proposal, currently on file at the Foundation, serves as schedule A to this  SCHEDULE B  [Outcomes for this project are to be agreed upon by both parties within two months of the issuance oft this agreement and shall be incorporated herein as an update to the grant proposal. The outcomes will establish milestones to determine satisfactory progress with  the project at the completion of this grant.]  (initial here)    Revised 07/07/2003  AMENDMENTI NO: 2013-06  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that the following amendment be made  to the annual budget ordinance for thet fiscal year ending June 30, 2013: To amend Fund 110, the expenditures are to be changed as follows:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $ 9,500 $ 7,400 $ 16,900  FUND/DEPART ACCOUNT NUMBER 110.5158 110.5158  ACCOUNT DESCRIPTION  AS  NUMBER  261.000 Departmental Supplies 530.000 Medical Equipment  5,000  2,600  7,600  TOTALS  14,500 $ 10,000 $ 24,500  This budget amendment is justified as follows:  Tol budget in Dental Health additional grant revenue from the BCBS of NCI Foundation.  This will result in a net increase of $ 10,000 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received in this fiscaly year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $  FUND/DEPART ACCOUNT NUMBER 110.3500  ACCOUNT DESCRIPTION Donations  AS  NUMBER 840.18  $ 10,000 $ 10,000 $ 10,000 $ 10,000  TOTALS  SECTION:2. Copies of this amendment shall be furnished to the Clerk oft the Board of Commissioners,  Budget Officer, and to thel Finance Director.  Adopted this_  day of  20_  Verified byt the Clerk oft the Board_ T  Rlzalr Date 8-28-12 Date Date  Posted by Journal No. Date  Finangé Director's pproval County Manager's Approval  8/28/2012 8:30 AM  BA: 2013-06.xls    Revised 02/05/2001  Stanly County Board of Commissioners  SIANIN Meeting Date: September 4, 2012  Consent Agenda  Agenda 4C  COUNIY  Presenter:  Dennis R. Joyner, Health Director ITEM TOE BE CONSIDERED  The Stanly County Health Department's Dental Clinic has accumulated approximately 15-20 old and/or broken hand-pieces (drills & attachments) that are no longer functional. There are vendors, such as "Bills for Drills," who will buy such items and we would like authorization to sell the unwanted hand-pieces  that cannot be repaired.  Authorization to sell unusable and irreparable dental hand-pieces.  Signature: Date:  Dept: Public Health Attachments:  yes Certification of Action Certified to bea at true copy ofthea action taken by the Stanly County Board ofC 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    Revised 02/05/2001  Stanly County Board of Commissioners  STANIN Meeting Date: September 4,2012  4D  Consent Agenda Regular Agenda  COUNY Presenter:  Dennis R. Joyner, Health Director ITEM TO BE CONSIDERED  The Stanly County Health Department requests authorization to apply for grant funding from The Cannon Foundation, Inc. to support the addition oft two operatories in our dental clinic which is a self- supported program of the health department. This expansion will allow us to utilize staff and provide dental services toj patients in a more efficient manner. Due to limited operatory & consultation space, there is a three month waiting period for preventive dental care and a four month waiting period for operating room appointments. Ifmore children could be seen earlier, preventive treatment could be initiated sooner which could prevent or decrease the incidence ofd dental caries. Of special concern are our preschoolers who are increasingly presenting with severe tooth decay. The expansion will also allow us to provide consultative discussion & oral health education with parents/caregivers in a more efficient, private manner. Cost oft the anticipated expansion will be approximately $136,200 and the grant request will be for $75,000. The remaining match for the project, approximately $61,200, will come from the  department's Dental Fund Balance.  Request authorization to apply for grant funding from The Cannon Foundation, Inc. to expand  operatories in the dental clinic.  Signature: Date: 8/2112  Dept: Public Health Attachments:  yes Certification of Action Certified to be a true copy oft the action taken by the Stanly County Board of Commissioners on  no  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Neçessary  Tyler Brummitt, Clerk tot the Board  Date    Revised 02/05/2001  Stanly County Board of Commissioners  STANIN Meeting Date: September 4, 2012  Consent Agendal  Agenda 4E  COUNIY Presenter:  Dennis R. Joyner, Health Director ITEM TO BE CONSIDERED  The Stanly County Health Department and Stanly County Board ofHealth request consideration and adoption of ar newly revised Stanly County Animal Control Ordinance. This revision was presented at the August 6, 2012 meeting and a public hearing was scheduled for the September 4th meeting.  a  Conduct public hearing and consider adoption ofn new Stanly County Animal Control Ordinance.  Signature: Date:  Dept: Public Health 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    The Stanly News & Press P.O. Box 488 Albemarle, NC 28002 704)982-2121  AFFIDAVIT OF INSERTION  DATE: 8 /30 /ia  CLASSIFICATION  START  EDITIONS 8-19-12  SIZE V4%,  TOTAL CHARGES $898a  Local Doplas 8-19-12  Saayay-rts- AlG-a-ageal  10604R- (8+s. Se-o  NOTICE OF PUBLIC HEARING Notice is. hereby given that the Stanly County Board of Commissioners- will hold a public hearing on Tuesday, September 4 at" 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons located at 1000 N. First. Street,  -     NORTH CAROLINA, STANLY COUNTY AFFIDAVIT OF PUBLICATION  Albemarle, North Carolina.  A  Before the undersigned, a Notary Public of said The purpose of this public hearing will be to discuss County and State, duly commissioned, qualified and adoption of a new. Animal Control Ordinance as. appeared; Sandy Selvy, who being firs duly sworn, Copies of the new ordinance draft may, be deposes and says; that she is Publisher of a news- Stanly County Governmental Website published, issued, and entered as second class mail Stanly County Animal Shelter in the City of Albemarle, in said County and State; Stanly County Manager'sOffice that she is authorized to make this affidavit and Stanly County Public Libraries  recommended by the Stanly. Çounty Board OfHealth:  authorized by law to administer oaths, personally paper know as THE STANLY NEWS AND PRESS,  reviewed at the following: p/www.casanyne.s, Stanly County Health Department  13A5533  sworn statement;  3e   that the notice or other legal Persons wishing to speak either in favor of ori in opposition  advertisement, a true copy of which is at- tached hereto, was published in THE STANLY NEWS AND PRESS on the dates specified on the copy attached and that the said newspaper in which such notice, paper, document or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 or the General Statures of North Carolina and was a 1-597 oflneGeneral-Slatures of North Carolina.  to this issue. will be heard.,  Please contact the Clerk's Office at (704).986-3600 or at 1000 N. First Street, Suite 10, Albemarle for special accommodations at least 481 hours prior to the hearing.  qualifjed newspaper within the meaning of Section Sworn to and subscribed to before me this  Sday of Agat,20.12 STuslaree  Sandy'Selvy Publisher  Sherry Nance, Notary Public My commission expires July 14, 2016    Draft date: 8/2/12  STANLY COUNTY ANIMAL CONTROL ORDINANCE  Adopted //12 TABLE OF CONTENTS  Page  ARTICLEI-A AUTHORITY, PURPOSE AND GENERAL PROVISIONS.  Section I- AUTHORITY Section 2- PURPOSE AND OBJECTIVE Section 3- GENERAL PROVISIONS ARTICLEII- RABIESCONTROL Section I- DEFINITIONS Section 2- VACCINATION FOR RABIES Section 3- BITES Section 4- SANCTIONS, PENALTIES, ETC. ARTICLEIII-/ ANIMAL CRUELTY Section 1- DEFINITIONS Section 2- EXEMPTIONS  Section 3- GENERAL CARE AND PROHIBITED ACTS Section 4- FAILURE TO REPORT ANIMAL CRUELTY Section 5- SANCTIONS, PENALTIES,ETC.  ARTICLEIV-I DOGSATLARGB ANDCONEINEMENTO: DOG INESTRUS  5  Section I- DEFINITIONS Section 2- DOGSATLARGE Section 3- FEMALE DOG IN ESTRUS Section 4- SANCTIONS, PENALFIES, ETC.  ARTICLE V-CATS ASI PUBLICNUISANCE AND CONFINEMENT OF CATS IN ESTRUS  .18  Section I- DEFINITIONS Section 2- CAT NUISANCE Section 3- FEMALE CATS IN ESTRUS: Section 4- SANCTIONS, PENALTIES; ETC. ARTICLE VI-DOGNUISANCE Section 1- DEFINITIONS Section 2- DOG CREATING A NUISANCE Section 5- SANCTIONS, PENALTIES, ETC. ARTICLE VII- KEEPING STRAY ANIMALS Section I- DEFINITIONS Section 2- KEEPING STRAY ANIMALS  20  Section 3- DOG WITHIN LESS THAN 151 FEET OF PUBLIC WAY  Section 4- INTENTIONALLY OR WILLFULLY CAUSING A DOGTO VIOLATE THIS ARTICLE  22  Section 3- REFUSAL TO: SURRENDER A STRAY ANIMAL  1    Section 4- SANCTIONS, PENALTIES, ETC.  ARTICLE VIIL- DANGEROUS ANIMAL OR POTENTIALLYDANGEROUS ANIMAL  23  Section I- DEFINITIONS Section 2-1 EXEMPTIONS  Section 3- DETERMINATION OF DANGEROUS Section 4- CONFINEMENT AND RESTRAINT Section 5- TRANSFER OF OWNERSHIP Section 6- SANCTIONS, PENALTIES, ETC.  ARTICLE IX-I INHERENTLY DANGEROUS EXOTIC ANIMALS.  27  Section 1-I DEFINITIONS Section 2- PROHIBITION Section 3- EXEMPTIONS Section 4- IMPOUNDMENT ARTICLE. X-IN INTERFERENCE INTERFERENCE Section 1- TRAPPING  29 29  ARTICLE. XI-TRAPPING OF DOGS ANDCATS  Section 2- DAMAGE, DESTRUCTION, AND/OR THEFT OF ANIMAL CONTROL PROPERTY  ARTICLE XII- - IMPOUNDMENT OEANIMALS.  30  Section 1- DEFINITIONS Section 2- IMPOUNDMENT Section 3- FERALCATS Section 4-1 NOTICE Section 5- BOARDING FEBS ARTICLE. XIII- - CIVIL PENALTIES CIVIL PENALTIES  31 32 33  ARTICLEXIV - REDEMPTIONOE ANIMALS REDEMPTION OF ANIMALS ARTICLEX XV-DISPOSITIONAIONANDADOPTION Section 1- DISPOSITION OF IMPOUNDED ANIMALS Section 2- ADOPTION FEES - Section 3- RECOVERY OF ADOPTED ANIMALS ARTICLE) XVI- SERVICE. AND RETURN C OF SERVICE METHOD OF SERVICE AND RETURN Section 1- APPEAL PROCEDURE Section 2- APPEAL HEARING  33 34  ARTICLE XVII - APPEALS AND REQUEST FOR REVIEW OF CIVILCITATIONS.  2    ARTICLE XVIL- GENDER GENDER STATEMENT ARTICLE. XIX-SEVERABILITY SEVERABILITY  34 34 .35  ARTICLE XX-E ENFORCEMENT AND EFFECTO OF THISORDINANCE  Section 1- ENFORCEMENT Section 2- EFFECTIVE DATE Section 3- EFFECT ON PRIOR ORDINANCE  3    STANLY COUNTY ANIMAL CONTROL ORDINANCE  ARTICLEI-, AUTHORITY.PIRPOSE. AND GENERAL PROVISIONS  SECTION1  AUTHORITY. This ordinance is established pursuant to the following grants ofs statutory authority: (A) North Carolina General Statute 153A-121 which delegates to counties the power to regulate by ordinance, acts, omissions, or conditions detrimental to the health, safèty or welfare oft their citizens and the (B) North Carolina General Statute 153A-123, which authorizes counties to levy fines and penalties for violation of their ordinances and allows counties to secure injunction, and abatement orders to further insure (C)North Carolina General Statute 153A-127 which authorizesicounties to define and prohibit the abuse of (D) North Carolina General Statute 153A-131 which authorizes counties to. regulate, restrict or prohibit the (E) North Carolina General Statute 153A-442 which authorizes counties to establish, equip, operate and (F) North Carolina General Statute 153A-153 which authorizes counties to levy an annual license tax on the (G) North Carolina General Statute 130A-192 which authorizes Animal Control Officers to determine if there are any dogs, cats, and' ferrets not wearing valid rabies vaccination tags and to take appropriate action (H) North Carolina General Statute 67,Article IA which authorizes Health Directors to declare a dog (I) North Carolina General Statute 130A-186 which authorizes the local health director to appoint one (J) North Carolina General Statute 14-4 which makes it a misdemeanor, unless otherwise specified,ifany  peace and dignity oft the county.  compliance with their ordinances.  animals.  possession or harboring of animals which are dangerous to persons or property.  maintain animal shelters.  privilege ofl keeping dogs and other pets within the county.  regarding said dogs, cats, and ferrets. dangerous or potentially dangerous. ori more certified rabies vaçcinators.  person shall be found guilty of violating an ordinance oft the county.  SECTION2  PURPOSE AND OBJECTIVE. This ordinance is established for the following purposes and objectives:  (A) ANIMAL CRUELTY: To define and prohibit the abuse ofanimals;  (B) RABIES: To protect citizens and animals of Stanly County from rabies transmitted by unconfined,  uncontrolled, or unimmunized dogs, cats or ferrets;  4    (C)ANIMALS ATLARGE: To regulate, restrict or prohibit the running at large ofany domestic animals; (D) STRAY ANIMALS: To regulate, restrict or prohibit the keeping ofs stray domestic animals;  (E). ANIMAL NUISANCE: To regulate animals that may be nuisance;  (F) INHERENTLY DANGEROUS EXOTIC ANIMALS: To regulate, restrict or prohibit the harboring or keeping or ownership of, wild or exotic animals, poisonous reptiles and dangerous animals; (G). ANIMAL BITES: To establish rules and procedures for dealing with animal bites; (H) IMPOUNDMENT OF ANIMALS: To regulate the impoundment and confinement of animals; (I) REDEMPTION OF IMPOUNDED ANIMALS: To regulate and éstablish procedures and fees for (J) DESTRUCTION OF ANIMALS: To regulate and establish procedures for destroying diseased, stray,  redeeming impounded animals in the County's Animal Shelter; and  unwanted or unclaimed animals.  SECTION3  GENERAL PROVISIONS. The following general provisions shall apply to this Ordinance:  (A) ANIMAL CONTROL. Authority is hereby granted to the Stanly. County Animal Control Department to enforce this Ordinance. This Ordinance shall be enforced by all Animal Control Officers (as defined in Section 3(C), having all rights, powersand immunities granted in Section 3(a)(1)-(13).. All employees of Animal Control are hereby granted the following rights, powers, andimmunities and said employees, (1) Have the responsibility, along with law enforcement agencies, to enforce all laws of North Carolina and all ordinances of Stanly County pertaining to animals and to cooperate with all law enforcement officers within Stanly County in fulfilling this duty except within townships and municipalities that have adopted (2) Enforce and carry out all laws of North Carolina and all ordinances of Stanly County pertaining to (3) Be responsible for the investigation ofa all reported animal bites, for the quarantine ofa any dog, cat or ferret suspected of having rabies for a period ofr not less than ten (10) days, and for reporting to the local Health Director as soon as-practical, the Occurrence ofany such animal bite and the condition ofany (5) Be responsible for the seizure and impoundment, when necessary, of any animal in Stanly County (6) Investigate cruelty or abuse of animals and protect animals from cruelty or abuse; (7) Be empowered to seize animals with the consent of an owner or occupant of the property, oras evidence if the animals are in "plain view," or by criminal or administrative search warrant ift the animals (8) Patrol homes and businesses in the county as necessary for the purpose ofa ascertaining compliance  through Animal Control. shall:  their own animal-related ordinances that conflict with this Ordinance.  rabies control;  quarantined animal;  (4) Be responsible for the operation oft the animal shelter; involved in a violation oft this or any other ordinance or state law;  are being cruelly treated or abused; with this ordinance or state statute;  5    (9) Keep, or cause to be kept, accurate and detailed records ofs seizures, impoundments, and disposition ofanimals coming into the custody of Animal Control, bite cases, violations, complaints, investigations, and (10) Be empowered to issue Notices of Violation and assess civil penalties for violations oft this (11) Be empowered to go in the yard ofanimal owners to inspect the condition of animals; (12) Be empowered to make inspections ofbuildings or dwellings with the consent oft the owner or occupant, or by administrative search warrant, or criminal search warrant when there is probable cause to (13) Be empowered to go upon private property to seize animals pursuant to the provisions oft this (14) Be authorized to carry such firearms as deemed necéssary to pertorm the duties required by provisions ofthis ordinance and policies established by the Director ofthe Stanly County Health Department to ensure safety ofOfficers and the public. Animal Control Officers will exercise caution and prudence in the use and discharge of firearms within the County limits. Firearms may be used within the county ifa absolutely necessary and after other means of capture have been exhausted. Animal Control Officers will use due diligence and be aware of surroundings when using firearms. Each Animal Control officer shall complete an annual firearms certification course given bya Licensed Firearms Instructor in North Carolina. A passing score of70% must be attained and a copy must be placed in the employee file (B). ANIMAL CONTROL DIRECTOR. The Animal Control Director shall be the ChiefAnimal Control Officer, bei in charge of Animal Control, and supervise the StanlyCounty Animal Shelter. The Animal Control Director shall have the authorisytoxdelegate to his Animal Control Officers or Administrative Staff any oft the powers granted him by this Ordinance. Any act done by an Animal Control Officer or a member ofthe. Administrative Staff that is incompliance with or-within thescope oft this Ordinance, shall be (C) ANIMAL ÇONTROL OFFICER. All persons employed by the Animal Control Department shall be considered Animal Control Officers'and: shall have all rights, powers, and immunities granted under this Ordinance and by the general laws ofthis state to, enforce the provisions oft this Ordinance and the General (D) LICENSURE OFD DOGS. No person shall own, keep, or harbor any dog four (4) months or older within the county limits unless it has been licensed as herein provided. Written application for the license shall be made to the county tax collector and: shall state the name and address oft the owner or harborer and the name, breed, color, age and sex ofeach dog, The fee for each tag shall be paid when the application is made. A numbered receipt will be given to the applicant, and a numbered metallic tag shall be issued to the applicant. A fee will be paid at the rate set by the Commissioners of Stanly County and must be purchased at the rate ofone tag for each dog owned. Ifthe county tag is lost, a duplicate may be procured from the Stanly County Tax Collector at a fee as provided by the Stanly County Board of Commissioners. It shall be unlawful for any person to use a receipt and/or an issued license tag for a dog other than the dog for which the receipt and (E). ANIMAL CONTROL COMMITTEE. Review of contested decisions concerning the enforcement of this ordinance by the Animal Control Department shall be made by the Stanly County Board of Health or by a designated Animal Control Committee. Ifsuch a committee is designated, it shall be comprised oft the  monies collected; Ordinance;  believe that this Ordinance or state law is being violated; and  Ordinance or Court Order.  upon receiving a passing score. Cost oft this training willl bex covered by the County.  considered the official act oft the AnimalControl Director.,  Statutes of North Carolina as they relate to animal control and animal welfare.  license tag were originally issued.  6    Veterinarian, Physician, and Chairperson representatives oft the Board ofHealth or other members SO  designated by the Board ofH Health. ARTICLEII- RABIES CONTROL  SECTIONI  DEFINITIONS. As used in this Article the following terms are defined below:  (A). ANIMAL: Domestic dogs, cats, and ferrets.  (B) BITE: The act of an animal seizing flesh with its teeth or. jaws SO as to tear, pierce or injure the flesh.  (C) CATS: Any and all domestic felines.  (D)CONFINEMENT: Impoundment within the county's Animal Shelter or Other appropriate facility.  (E) DOGS: Any and all domestic canines.  (F) HARBORER: Any person, group of persons, firm, partnership or corporation keeping,  providing shelter or refuge, hiding, or concealing an animal or allowing an animal to remain on their (G) OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge of or taking care ofa an animal or allowing an animal to remain on their property for more than (H) POTENTIAL CARRIER OF RABIES: Any wildlife or domestic animal known to harbor or carry the (I) RABIES VACCINATOR: A person appointed and certified to administer rabies vaccine ora a licensed (J) RABIES VACCINE: An animal rabies vaccine approved by the United States Department of (K) RESTRAINT: The owner of an animal shall keep the animal on! his property or under restraint at all (I) inside a secure enclosure with a minimum dimension ofI0 feet by 10 feet and with sides of sufficient height and depth to prevent the animal from jumping, climbing or digging out ofthe (2) inside the primary residence of the owner/harborer when on the owner' s/harborer's property; or (3)controlled by a leash of sufficient means to restrain the animal and under control ofa (4)ir inside an area on the owner's property secured by a functional, properly maintained electronic (5) within the passenger area of a vehicle, restrained in a safe manner to prevent the animal from jumping over the sides or out of an open bed truck, ori inas secure enclosure on a vehicle or  property.  seventy-two (72) hours. rabies virus; veterinarian.  Agriculture for use in this State.  times. An animal is under restraint ifiti is:  enclosure; or  competent person when outside a secure enclosure or home; or  fencing device; or trailer; or  7    (6) under the control ofal licensed hunter while said animal is in the act ofhunting; an animal isi in the act ofh hunting when, during a season designated for the hunted game, the Owner ofthe animal holds a hunting license as required by the State ofl North Carolina, and the animal is in  fact hunting for said game; or  (7) participating in an animal show, competition or field trial.  An animal control officer may, at their discretion, order a more restrictive restraint requirement - if Use oftethering by means of chains, ropes, cables or like devices is not allowed unless approved by an Animal Control Officer on a case-by-case basis where existing secure ençclosures or electronic fencing devices are being repaired. Owners using tethering as a means of restraint at the time oft the adoption oft this ordinance shall have six (6) months from the date oft the adoption ofthis ordinance to comply with the  circumstances require and it is not detrimental to the health, safety or welfare oft the animal.  aforementioned restraint requirements.  Voice command is not recognized as adequate restraint.  Exemptions: Law enforcement working canines, service dogs, search and rescue dogs, HRD  (Human Remains Detection) dogs. rabies vaccinator. SECTION2 Section.  (L) VACCINATION: The administration of rabies vaccine bya licensed veterinarian or by a certified  VACCINATION FOR RABIES. Owners of dogs, cats and ferrets shall comply with the provisions ofthis (A) VACCINATION: The owner of every dog, cat and ferret shall have the animal vaccinated against rabies at four (4) months ofage, again at one (1) yearafter initial vaccination, and then every three (3) years bya licensed veterinarian or by a certified rabies vaccinator with a rabies vaccine approved by the United States Department of Agriculture and approved by the North Carolina Commission for Health Services for use in this State. A vaccine will be considered current 28 days after the vaccine is administered. (B) RABIES TAGS: A licensed veterinarian or a certified rabies vaccinator who administers rabies vaccine to a dog, cat, or ferret shall issue a rabies vaccination tag to the owner of the animal. The rabies vaccination tag shall show the year issued, a vaçcination number, the words North Carolina or the initials "NC" and the words "rabies vaccine". The owner shall make sure that their dog wears the rabies tag at all times and the owner ofa cat or ferret shall make sure that the rabies tag for the cat or ferret is readily available at all times. (C)RABIES VACCINATION CERTIFICATES. The owner ofa dog, cat or ferret must be able to produce ac current rabies vaccination certificate. This certificate shall be issued by a licensed veterinarian ora certified vaccinator at the time the dog, cat or ferret is vaccinated. Acopy oft the certificate shall also be mailed or delivered to the Animal Control Director by the licensed veterinarian or certified rabies vaccinator within thirty (30) days oft the animal being vaccinated. The Animal Control Director may implement another method for collecting vaccination certificates. Stanly County residents who have theiranimals vaccinated outside of Stanly County are responsible for filing the rabies vaccination certificate within Animal Control within three (3) days oft the inoculation or within three (3) days oft their return to the local area. A vaccine must be given by a veterinarian or certified rabies vaccinator in the State of North Carolina.  8    (D) NON-TRANSFERABLE: Rabies tags cannot be transferred from animal to animal. (E) LOST, DESTROYED OR STOLEN RABIES TAGS. Ifa rabies tagi is lost, destroyed or stolen, a duplicate tag must be obtained from the veterinarian at a fee not to exceed the actual cost oft the tag, link and  rivets, plus transportation cost. SECTION3 this Section.  BITES. In order that rabies may be controlled and treated, all persons shall comply with the provisions of (A) PERSONS BITTEN. Wounds inflicted by a potential carrier of rabies shall be reported immediately to the Animal Control Department by the person who has been bitten, or in case ofa child, his or her parents or guardian or other responsible party. Any person who has knowledge ofay potential carrier of rabies inflicting a wound shall immediately report the same to the Animal Control Department, and provide the names and addresses oft the person(s) bitten and the names and addresses oft the owner(s) of any animals involved, ifknown. Every physician who treats a wound inflicted by a potential carrier of rabies shall report the incident to the Animal Control Department and provide the names and addresses oft the person(s) bitten and the names and addresses oft the owner(s) of any animals involved,ifknown, within twenty-four (24) (B) CONFINEMENT OF BITING DOGS, CATS, AND FERRETS AND CONFINEMENT OF ANIMALS SUSPECTED OF HAVING RABIES. Every dog, cat, or ferret that bites a human being shall be confined immediately. The animal shall be delivered. by the ownerwithin twenty, four (24) hours oft the incident to the County Animal Shelter or to a licensed veterinary hospital located in Stanly County. Ifthe owner fails to deliver said animal within twenty four (24) hours to an approved location, the animal shall be picked up by an Animal Control. Officer for transport to the County Animal Shelter. The animal shall be confined for observation fornot less than ten (10) days. The owner shalll be responsible for the cost of confinement at either place The Animal Control Director shall have authority to order confinement ofa dog, cat or ferret tot the County's Animal Shelter or to a licensed veterinary hospital located in Stanly County. Stanly County Animal Control may waive the cost ofçonfining the animal at the shelter ift the bite occurred on the owner's premises and the animal was provoked. Final authority as to place ofc confinement rests with the County Health Director. After reviewing the circumstances ofa particular case, the County Health Director may permit the animal to be confined on the premises ofthe owner, but only after an inspection and recommendation from the Animal Control Director and proof that the animal is current on vaccination against rabies. The Animal Control Officer's recommendation shall be based on the availability ofa suitable secure enclosure on the owner's premises and whether or not other circumstances warrant confinement on An owner, harborer or possessor of an animal which is suspected ofhaving rabies shall immediately notify the Animal Control Department and shall, ifsafely possible, securely confine the animal until further (O)DESTRUCTION OF INFECTED DOGS, CATS, AND FERRETS. Ifa dog, cat or ferret, in or out of confinement, is suspected ofhaving rabies, as determined by a licensed veterinarian, it shall be the duty of the owner to have such animal euthanized and sent for appropriate testing under the supervision oft the Animal Control Director. Any dog, cat or ferret known to have been bitten by another animal which is known or proved to be rabid shall be euthanized immediately by the owner or by the Animal Control  hours ofrendering treatment.  the owner's premises.  instructed by the County Health Director or Animal Control Director.  9    Director unless the dog, cat or ferret has been vaccinated against rabies more than 28 days prior to being bitten and is given a booster dose of rabies vaccine within 72 hours oft the bite. As an alternative to euthanasia, the dog, cat or ferret may be quarantined at a facility approved by the local health director fora period up to six months, and under reasonable conditions imposed by the health director.  SECTION4  SANCTIONS, PENALTIES, FINES, AND REMEDIES. Violations oft this Article of the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition ofcivil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa (A) FAILURE TO KEEP RABIES TAGS ON DOGS AND FAILURETO KEEP RABIES TAGS OF CATS AND FERRETS READILY AVAILABLE AT ALL TIMES. ts shall be a violation oft this Article if ac dog is observed by an Animal Control Officer not wearing a valid rabies tag, regardless of whether or not the dog is on or offt the owner's property and regardless of whetherori not the dog has been vaccinated. It shall be a violation of this Article if upon request ofan Animal Control Officer, the. owner ofa cat or ferret cannot readily produce a valid rabies tag for said cat or ferret regardless of whether or not the cat or ferret is on or offt the owner's property and regardless ofv whether or not the cat or ferret has been vaccinated. (B)FAILURE TO PRODUCE PROOF OF VACCINATION: AND/OR FAILURE' TO HAVE ANIMAL VACCINATED WHEN THE OWNER IS KNOWN. In addition to any civil penalties that may be imposed for violation of subsection (A) above, the ownèr ofa dog, cat, OF ferret may be assessed a civil penalty for violation ofthis subsection, ifhe or she fails to produce proof of vaceination and/or fails to have the animal vaccinated within seventy-two (72) hours oft the issuance ofa written Notice of Violation ofs subsection (A) above. The Notice of Violation ofs subsection (A) above shall specify that the owner has seventy-two (72) hours to produce proof of vaccination and/or to have the animal vaccinated and failure to do SO shall result int the assessment ofac civil penalty for violation oft this subséction. Ifthe owner presents proofo of vaccination within seventy-two (72) hours ofthe Issuance of the Notice ofv Violation of subsection (A) above, acivil penalty for violation of this subséction shall not be assessed. Having the animal vaccinated or showing proof of vaccination shall not discharge any civil penalties previously assessed for violation of Ifti the animal is not vaccinated and/or the civil penalty/penalties is/are not paid within seventy-two (72) hours, Animal Control shall have the authority to summarily seize the animal. The owner: shall have three (3) days from the date of seizure to redeem the animal. The owner may redeem the animal by paying the civil penalty/penalties, the redemption fee and all boarding fees. Ifthe owner wishes to request a review of the seizure of the animal, the owner must file a written request with the Stanly County Health Director within three (3) days oft the seizure. Ifa timely request is filed, the Board ofHealth's Animal Control Committee shall convene within ten (10) days of the receipt of said request. The Board of Health's Animal Control Committee shall hear the case and render a written decisionwithin three (3) days after the hearing and serve the same on the owner. Ifthe owner disagrees with the Board of Health's Animal Control Committee decision, the owner must seek a review by the Stanly County Superior Court within ten (10) days of the issuance of the Board Committee's written decision. Ifthe owner fails to redeem the animal, or fails to timely request a review oft the seizure, or fails to timely appeal the Board Committee's written decision, the animal shall become the property of Stanly County and: shall be disposed ofaccording to this  collection agency to the extent permitted by applicable law(s).  subsection (A) above.  Ordinance.  10    The Animal Control Officer may, in addition, issue a criminal summons or warrant, pursuant to G.S. 130A- 25 for the owner's violation oft the North Carolina General Statute 130A-185 or 130A-192. Any owner, if convicted, shall be guilty ofar misdemeanor and shall be fined not more than five hundred dollars ($500.00) (C)DOGS, CATS, AND FERRETS WITHOUT VALID RABIES TAGS AND THE OWNER IS UNKNOWN. Ifa dog, cat, or ferret is observed not wearing a valid rabies vaccination tag and the owner is unknown and cannot be found, the Animal Control Director or his designee may impound the animal. Written notice ofimpoundment shall be posted at the Animal Shelter for a minimum of three (3) days. If the animal has not been redeemed by the owner after three (3) days, the animal shall become the property of Stanly County to be disposed of according to this Ordinance. Ifthe owner is found, the animal shall be released upon payment ofall redemption fees and a civil penalty fort failure to wear a valid rabies vaccination tag. The owner may also be subject to other appropriate pénalties described in Article IV, such (D) FAILURE TO PROVIDE ANIMAL CONTROL WITH RABIES VACCINATION CERTIFICATES. Any veterinarian or certified rabies vaccinator, who willfully refuses to turn over rabies vaccination certificates to Animal Control pursuant to N.C. General Statute 130A-189, shall be subject to the issuance of acriminal summons or warrant or the filing ofa civil action to obtain the çertificates. (E) FAILURE TO NOTIFY THE. ANIMAL CONTROL DEPARTMENT: OF A BITING INCIDENT AND FAILURE TO CONFINE BITING DOGS, CATS, AND FERRETS. Ifthe owner ofa dog, cat, or ferret, or the person being bitten, or the parent ofa a child or other legal guardian or person standing in loco parentis of the person, fails to notify the Animal Control Department and provide the names and addresses oft the person(s) bitten and the names and addresses oft the owner(s) ofanyanimals involved in a biting incident; or the owner, who has knowledge ofa dog, cat, or ferret biting incident, fails to confine the animal pursuant to Article II, Section 3, an Animal Control Officer or Health Director may seek the issuance ofa criminal summons or warrant, charging the person with a violation ofNorth Carolina General Statute 130A-196.  ori imprisoned for not more than six (6) months.  asacivil penalty for the animal being at large.  ARTICLE: HI- ANIMAL CRUELTY  SECTION1  DEFINITIONS, As used in this Article the following terms are defined below: (A)ANIMAL: Every non-human domestic species, livestock, or fowl.  (B)CRUELTY AND CRUEL TREATMENT: Every act, omission, or act ofr neglect whereby unjustifiable, pain, suffering or death is caused or permitted, or attempted to be caused or permitted, against animals, as well as acts or attempted acts oft teasing, molesting, baiting or trapping animals unlawfully. By way of example and not limitation, the following acts or conditions shall constitute prima facie evidence ofanimal  cruelty:  (I)a collar, rope or chain embedded in or causing injury to an animal'sr neck;  (2) dogs or cats left out in the rain, snow, extreme heat or cold without shelter (this includes not providing shelter from the elements when using a humane trap for lawfully capturing an  animal);  (3)a animals that have not been fed or watered adequately; (4) intentionally allowing animals to engage in a fight; (5)allowing animals to live in unsanitary conditions;  11    (6) allowing animals to live under crowded conditions; and Control Officer's opinion such treatment is needed.  (7) failure or refusal ofa an owner to obtain medical treatment for an animal when in an Animal  (C)OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge ofo ort taking care of an animal or allowing an animal to remain on their property for more than (D) PERSON: Any human being, firm, partnership or corporation including any nonprofit corporation. (E) ADEQUATE SHELTER: An enclosure ofat least four (4) sides,a roof, and a floor that provides adequate protection from the elements, including but not limited to heat, cold, rain, wind, and snow. The enclosure should be large enough to allow the dog to freely and comfortably, stand up and turn around, but small enough to enable the dog to retain body heat. The enclosure shall have a slanted, waterproofroofto allow the elements to run off. Ifthe house is made of wood, it shall be raised' offthe ground at least two (2) inches in order to prevent the rotting of the floor. The door shall be just large enough to allow the dog to enter easily. Clean, dry bedding, such as hay, straw, or cedar shavings, shall be provided. The bedding shall be changed as often as necessary tol keep it sanitary, During warmer months, the dog shall be provided with shade from the sun. Shade may be provided via a tree or a tarp at a minimum. Anytime the dog is outside, the water should be provided in a container secured ina manner to prevent spilling. During colder  seventy-two (72) hours.  months, the outside container(s) of water shall be monitoredt to prevent freezing. The following methods ofhousing/sheltering animals are consideredinadequatc:  (I) underneath outside steps, decks and stoops; or (2) inside of vehicles; or (3) underneath vehicles; or (4) insidemetal OE plastic barrels or (5)inside cardboard boxes.  SECTION2  EXEMPTIONS. This Article shall not àpply to agencies conducting biomedical research or training, lawful activities for sport, the production of livestock or poultry for sale as a consumer product and the lawful destruction ofany animal for the purpose of protecting livestock, poultry or humans.  SECTION3  GENERAL CARE AND PROHIBITED ACTS. All animals shall be kept and treated under sanitary and humane conditions and failure oft the owner or possessor of the animal to abide by the provisions listed (A)FOOD, WATER AND SHELTER. All animals in the possession ofany persons shall be provided proper and adequate food and water. All animals, unless otherwise indicated in this Ordinance, shall be given at suitable intervals, not to exceed twenty-four (24) hours, a quantity ofwholesome foodstuff suitable for the species and age, sufficient to maintain a healthful level of nutrition. Allanimals shall have access to ac constant supply of clean, fresh water. All animals shall be provided proper and adequate shelter from the  below shall subject the owner or possessor to the sanctions described in Section 5.  weather at all times.  12    (B) CLEAN SHELTER. All shelter for animals and the area surrounding said shelter shall be kept clean and sanitary at all times. Unacceptable unsanitary conditions shall include, but not be limited to the accumulation of feces, urine, debris, plant overgrowth, and/or pest infestation within and/or around the area (C) MEDICAL TREATMENT. All owners or possessors of animals shall provide proper medical attention for sick, diseased or injured animals. A sick animal shall go no longer than twenty-four (24) hours without (D) CRUELTY AND CRUEL TREATMENT. No person shall beat, torment, overload, overwork, tease, molest or bait an animal or otherwise cruelly treat an animal as defined in Section 1(B) above. No person shall shoot a dog or any other animal, either on or off the owner's property, unless the animal is in the act of attacking a human being, sheep, cattle, hog, goat, or poultry or any domestic animal. This shall not apply to (E) ILLEGAL CONTEST OR COMBAT. No person shall cause, permit or instigate any dogfight, cockfight, bullfight or other illegal contest or combat betweén animals or animals and humans. (F)POISONING OF ANIMALS. No person shall expose any known poisonous substance or mixa poisonous substance with food, SO that it will likely be eaten by any animal. This does not include acts or (G) CONFINING ANIMALS TO MOTOR VEHICLES OR TRANSPORTING ANIMALS. No person shall leave an animal in a closed car, truck or other vehicle for such duration or at temperatures as an Animal Control Officer, in his sole discretion, deems harmful or potentially harmful to the animal. No person shall carry or cause to be carried in or upon any vehiçle or othér conveyance, any animal in a cruel or inhumane manner, No animals shall be allowed to ride int the back of an open truck bed, without the animal being restrained in the truck in a safe manner to prevent the animal from jumping over the sides or out oft the (H) ABANDONMENT. No person. shall turn loose or discard any domesticated animal or pet. Any dog, cat, or ferret left without food, water, or shelter for 24 hours will be considered abandoned and may be (I) DISPOSING OF DEAD ANIMALS, All possessors or owners of animals that die, from any cause, shall bury the dead animal to a depth of at least three (3) feet beneath the surface of the ground on his or her leased or owned property. No animal shall be buried within three hundred (300) feet ofany flowing stream or public body ofwater. In the alternative, said animal shall be completely burned or otherwise disposed of ina a manner approved by the State Veterinarian or N.C Department of Agriculture. In any event, all dead animals shall be disposed ofwithin twenty-four (24) hours after knowledge oft the death. No possessor or owner ofa dead animal shall remove the carcass ofa dead animal from his premises to the premises of another person without written permission of the person having charge ofs such premises and without (J)R REPORTING INJURED OR KILLED DOMESTIC ANIMALS. All persons who injure or kill a domesticated animal by running over, into, or otherwise coming in contact with such an animal with an automobile, motorcycle, bicycle or other vehicle shall notify the owner oft the animal immediately. Ifthe owner is not known, the person who injured or killed the animal shall immediately notify the Animal Control Department or the Police Department if the injury or death occurred in the city or the Sheriff's  confining the animal.  veterinary care.  Animal Control Officers when in the pertormance oft their duties.  attempts of persons to rid their own property ofrats and vermin.  vehicle.  seized by the Animal Control Department.  burying said carcass as provided above.  13    Department ift the injury or death occurred in the county. The person who injured orl killed the animal shall give his or her name and address to the appropriate authority. An owner or lessee oft real property who finds an injured ors suffering domesticated animal on his property shall report the same to. Animal Control as soon (K). ANIMALS GIVEN AWAY AS PRIZES. No live animal shall be given away, raffled or offered as a prize, premium or advertising device for, or as an inducement to enter, any contest, game or other  as the animal is discovered on the real property.  competition involving skill or chance.  (L) PUBLIC EXHIBITS OF ANIMALS. Animal Control shall have the authority to inspect public exhibits ofanimals which are a part of fairs, carnivals, festivals, fund raisingèvents, petting ZOOS and any other activity or function carried on in Stanly County. Stanly, County Animal Control shall have the authority to close down any exhibit, function or activity ifit is determined that animals are being cruelly treated or animals run the risk ofcausing injury or harm to the publicor run the risk of being injured or harmed themselves. Animal Control, the Health Department nor Stanly County accèpt any liability for any injury,  damage of property or loss visiting or monitoring public exhibits of animals.  SECTION 4  FAILURE TO REPORT ANIMAL CRUELTY. An owner or lessee of property who knows, or based on facts and circumstances should know, that animals are being or have been cruelly treated on the owner'sor lessee'sr real property, shall report said act or actsofcruelty to the Animal Control Department. The owner orl lessee ofr real property who fails to report acts of animal cruelty shall be subject to the appropriate  sanctions described in Section 5 below.  SECTION5  SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations of this Article oft the Stanly County Animal Control Ordinance are punishable by prosecution" in criminal court as provided by G.S. 14-4, G.S. 14-360, and/or G.S. 130A-25, unless à greater penalty is provided elsewhere, or by the imposition of civil penalties, as prescribed in Article XII, or both. Collection ofo civil penalties may be by civil action and/or by the usé ofa collection agency, to the extent. permitted by applicable law(s). Whenever it has been determined by an Animal Control Officer that the Owner of an animal is in violation ofa any oft the provisions found in Section 3, in addition to the aforementioned criminal and civil remedies, the Officer may seize the animal(s) and/or issue written Notices of Violation to the Owner. Should the Notice(s) of Violation require the Owner to correct the condition or problem within seventy two (72) hours or the Owner or possessor of the animal fails to cease or desist from the cruel treatment or fails to adequately provide for the animal, the Animal Control Officer may institute seizure and/or criminal proceedings, ifhe has not done (A) VIOLATION OF SECTION3 3, SUBSECTION (A) FOOD, WATER AND SHELTER, (C) MEDICAL TREATMENT, (D) CRUELTY AND CRUEL TREATMENT, (E) ILLEGAL CONTEST OR COMBAT, (F) POISONING OF ANIMALS, (G) CONFINING ANIMALS TOMOTOR VEHICLES OR TRANSPORTING ANIMALS, (H) ABANDONMENT, OR (I) DISPOSING OF DEAD ANIMALS. When it has been determined by an Animal Control Officer that there has been a violation ofone (1) or more of the following subsections: (D).(E), (F),(G),(H), or (I) he may initiate the issuance ofa criminal summons  soalready.  or warrant for violating the following criminal statutes: N.C. General Statute 14-360, Cruelty to Animals N.C. General Statute 14-361.1, Abandonment of Animals  N.C. General Statute 14-362 and 14-362.1, Cockfighting and Animal Fights and Baiting, Other  14    Than Cock Fights, Dog Fights, and Dog Baiting N.C. General Statute 14-363, Conveying Animals In A Cruel Manner  N.C. General Statute 14-401, Putting Poisonous Foodstuffs, Antifreeze, etc. In Certain Public N.C. General Statute 106-403 and 106-405, Disposition of Dead Domesticated Animals and Any person found guilty under any oft the above criminal statutes shall be subject to the penalty therein prescribed, or ifno penalty is therein prescribed, then according to N.C. General Statute 14.4. (B) VIOLATION OF SECTION 3, SUBSECTION (J) REPORTING INJURED OR KILLED DOMESTIC ANIMALS. When it has been determined by an Animal Control Officer that a domesticated animal has been injured or killed, as a result ofcoming into contact with an automobile, motorcycle, bicycle or other vehicle, and the person operating said conveyance fails to report the same, and the operator can be identified by an eyewitness or physical evidence, the Animal Control Officer may issue a written Notice of Violation Any Owner or lessee of real property who fails to report the existence of an injured or suffering domesticated animal on his property as required by Section 3, Subsection (J) above, may be issued a written  Places, Prohibited Prohibited Acts, Penalties  and Civil Penalty to the operator. Notice ofViolation and Civil Penalty.  ARTICLEIV-I DOGS ATLARGE AND CONFINEMENT OF DOGSIN ESTRUS  SECTIONI 1  DEFINITIONS. As used in this Article, the following terms shall have the meanings set forth below:  (A) DOG: Any and all domestic canines  (B). ATLARGE: Any dog out of compliance with Section 2 (G), and not under physical restraint.  (C)INE ESTRUS: A female dog in what is commonly called "heat."  (D) NIGHTTIME: The time from one-hour after sunset until one hour before sunrise.  (E) OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, having charge or taking care of any animal or allowing any animal to remain on their property for seventy two (72) (F)OWNER'S PROPERTY: The owner's property is that area described in a deed of conveyance or the area described in a lease. In a situation involving townhouses or condominiums, Animal Control will treat the "Common Areas" as being owned by the Homeowner's Association. Inas situation involving leased apartments, Animal Control will treat the "Common Areas," as being owned by the Lessor/Property Owner. (G)PRIOR COMPLAINTS: For purposes ofthis Ordinance, any prior verbal or written complaint to Animal Control about a specific dog being at large, or any verbal or written complaint about any dogs of an (H) RESTRAINT: The owner ofa dog shall keep the dog on his property or under restraint at all times. A (I) inside a secure enclosure with a minimum dimension of10 feet by 10 feet and with sides of  hours.  owner being at large, shall constitute a prior complaint.  dog is under restraint ifiti is:  15    sufficient height and depth to prevent the animal from jumping, climbing or digging out ofthe (2) inside the primary residence oft the owner/harborer when on the owner'slharborer's) property; or (3)controlled by a leash ofs sufficient means to restrain the dog and under control ofa competent person when outside a secure enclosure or home; or (4) inside an area on the owner's property secured by a functional, properly maintained electronic (5) within the passenger area ofa vehicle, restrained in a safe manner to prevent the dog from jumping over the sides or out of an open bed truck, ori inas secure enclosure on a vehicle or (6) under the control ofa licensed hunter while said dog is in the act of hunting; a dog is int the act ofhunting when, during a season designated for the hunted game, the Owner oft the dog holds a hunting license as required by the State ofNorth Carolina, and the dog is in fact hunting for said  enclosure; or  fencing device; or trailer; or  game;  (7) participating in an animal show, competition or field trial.  An animal control officer may, at their discretion, order ai more restrictive restraint requirement if Use oft tethering by means of chains, ropes, cables or like devices isn not allowed unless approved by an Animal Control Officer on a case-by-case basis where existing secure enclosures or electronic fencing devices are being repaired. Owners using tethering as a means of restraint att the time oft the adoption oft this ordinance shall have six (6) months from the date oft the adoption ofthis ordinance to comply with the  circumstances require and it is not detrimental to the health, safety or welfare oft the dog,  aforementioned restraint requirements  Voice command is not recognized as adequate restraint.  Exemptions: Law enforcement working canines, service dogs, search and rescue dogs, HRD  (Human Remains Detection) dogs.  SECTION2  DOGS AT LARGE. The owner ofa dog shall keep the dog on his property or under restraint at all times as  specified in Section 1 Subsection (H) above.  SECTION3 enclosure. SECTION4  FEMALE DOG IN ESTRUS. An owner shall secure a female dogi in estrus within a building or secure  SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations oft this Article oft the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may! be by civil action and/or by the use ofa (A).DOG ATLARGE. IfAnimal Control received a "first time" atl large complaint and an Animal Control Officer does not personally observe the dog at large, the officer shall investigate said complaint. The  collection agency to the extent permitted by applicable law(s).  16    Animal Control Officer shall have authority to go on and about private property toi investigate said complaint. Upon a finding of probable cause to believe the dog was at large he may issue a written Notice ofViolation and Civil Penalty. Ifan Animal Control Officer observes a dog not under restraint, he may The owner ofa a dog deemed at large may bei issued a written notice of violation and assessed a civil penalty fort the first violation and additional civil penalties for each subsequent violation. Ifthe dog is impounded, the owner must redeem the dog within three (3) days. Ift the owner fails to redeem the dog within three (3) days, the dog shall become the property of Stanly County and may be disposed of according to this Ordinance. To redeem the dog the owner must pay the civil penalty, all boarding fees and the redemption When the same dog has been impounded three (3) times or the owner has been cited three (3) times for his dog(s) being at large, the Animal Control Director shall declare the dog(s) a public nuisance and/or cite the owner for maintaining a public nuisance. The dog(s) shall then be housed or confined according to the instructions oft the Animal Control Officer. Ifthe dog(s) is/are subsequently found at large or the owner is subsequently cited for his dog(s) being at large, the Animal Control Officer may impound the dog(s) due to The owner ofa dog, which is involved in the unprovoked bite ofanother person, while the dog is running at large, shall be assessed a civil penalty for the unprovoked bite in addition to a civil penalty for the dog (B) DOG. ATLARGE AT NIGHT. When the Animal Control Offiçer has probable cause to believe that a dog was or is at large at night, he may initiate the issuance ofa criminal summons or warrant charging the owner with a violation of North Carolina General Statute 67-12. Any person convicted under North Carolina General Statute 67-12 shall be guilty ofa misdemeanor and shall be fined not more than five hundred dollars ($500.00) ori imprisoned forr not more than six (6) months. The owner ofa dog that allows same to run at large at night shall also be liable in damages to any person injured or suffering lost to his (C)FAILURE TO CONFINE FEMALE DOG IN ESTRUS. When the Animal Control Officer has probable cause tol believe that an owner has failed or refused to confine a female dog in estrus (heat) in a building or secure enclosure, he shall initiate the issuance ofa criminal summons or warrant charging the owner with a violation of North Carolina General Statute 67-2. Any person convicted under G.S. 67-2 shall be guilty ofa misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned (D) PRIVATE REMEDIES. Nothing in this Article shall prevent a private citizen from suing the owner ofa dog, which has caused injury to said private citizen or his property for damages or any other loss resulting  impound the dog even on a "first time" complaint.  fee.  the owner's failure to abate the nuisance.  running at large.  property or chattels.  not more than six (6) months.  from a dog being at large.  ARTICLE V- CATS AS PUBLIC NUISANCE AND CONFINEMENT OF CATS IN ESTRUS DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  SECTION1  17    (A)CATS: Any and all domestic felines.  (B) IN ESTRUS: A female cat in what is commonly called "heat."  (C)NUISANCE: The owner shall be responsible for any cat(s) creating a nuisance. The commission on more than one (1) occasion ofany oft the following qualifying act(s)or conditions described in numbers one  (1) through seven (7) shall be deemed prima facie evidence ofa cat nuisance: (2) walks on, sleeps on or scratches an automobile of another; or (3) damages gardens or other foliage or other real or personal property; or  (1) gets into or turns over garbage pails; or (4) is found on the property ofanother; or  (5) roams; or  (6) is maintained in an unsanitary condition SO as to be offensive to sight or smell; or  (7) in estrus is not confined to a building or secure enclosure.  (D)OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, having charge or taking care ofany cat or allowing any cat to remain on their property for than seventy two (72) (E) OWNER'SI PROPERTY. The owner's property is that area described in a deed of conveyance or the area described in a lease. Inas situation involving townhouses or condominiums, Animal Control will treat the "Common Areas" as being owned by the Homeowner's Association. In a situation involving leased apartments, Animal Control will treat the Common Areas" as being owned by the Lessor/Property Owner. (F) PRIOR COMPLAINTS. Any verified verbal or written complaint to Animal Control about a specific cat being a nuisance or any verified verbal or written complaint about an ownera allowing his cat or cats to be a (G) STRAYCATS AT LARGE: Animal Control will NOT routinely pick up stray cats but will assist  hours or more.  nuisance shall constitute aj prior complaint, residents to trap and seize these animals  SECTION2  CAT NUISANCE. Its shall be a violation oft this Ordinance for an owner to allow his cat(s) to engage in any oft the acts listed in Section 1, Subsection (C) above on more than one (I)occasion. The owner and the  cat shall be subject tot the sanctions, penalties, fines and remedies stated in Section 4.  SECTION3  FEMALE CATS IN ESTRUS. Any owner who fails to secure a female cat in estrus (heat) withina  building or secure enclosure shall be in violation oft this Article.  SECTION4  SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations of this Article oft the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition ofc civil penalties, as prescribed in Article XIII, or both. Collection ofcivil penalties may be by civil action and/or by the use ofa  collection agency to the extent permitted by applicable law(s).  18    (A)CAT NUISANCE. Upon receiving a first complaint about a cat or cat owner and after finding probable cause to believe that the cat or cat owner has committed one or more acts listed in Section 1, Subsection (C) above, Animal Control may issue a written or verbal warning to the owner. IfAnimal Control received a second complaint about a cat and after investigating said complaint there is probable cause to believe that a cat or the owner has again engaged in one (1) or more acts described in Section 1, Subsection (C) above, the Animal Control Officer may issue a written Declaration ofNuisance to the owner. If, while Animal Control isi investigating the second complaint, the cat is physically caught on the property ofanother, it may be returned toi its owner, ifknown, ifthe owner is at home. Ifthe owner is known but not at home or ift the owner is unknown, the cat may be impounded. The owner shall have three (3) days to redeem the cat. The owner must pay all boarding fees in order to redeem the cat. Ifthe owner fails to redeem the cat within three (3) days, the cat shall become the property of Stanly County and may be disposed ofa according to this Ordinance. No civil penalty shall be issued for the cat or the owner allowing the cat to be a nuisance at this Ifa second complaint is substantiated, the Animal Control Officer may issue or have issued a Declaration of Nuisance. The Declaration of Nuisance shall inform the owner that a civil penalty will be issued ift the cat ora any other cat owned by him is found to be in violation ofthis Article again. Ifthis Article is violated after the issuance oft the Declaration ofNuisance, the Animal Control Officer shall issue a Notice of Violation and Civil Penalty for the first offense and additional penalties for each subsequent offense. If, after the issuance ofal Declaration ofl Nuisance, a cat is physically caught off oft the owner's s property, the cat may bei impounded. Al Notice of Impoundment and Notice of Violation and Civil Penalty shall be left with the owner or affixed to the owner's premises. The owner must redeem the cat within three (3) days. The owner must pay all outstanding ciyil penalties, redemption fees,and boarding fees in order to redeem the cat. Ift the owner fails to redeem. the cat within three (3) days, the cat shall become the property of Stanly When the same cat has been impounded three (3) times or the owner has been cited three (3) times for his being a nuisance, the Animal Control Officer may issue al Notice of Abatement which contains specific written instructions as to how the cat(s) must be confined to the owner's property. Ifthe cat(s) is/are subsequèntly found to be a nuisance or the ownèr is subsequently cited for allowing his cat(s) to be a nuisance, Animal Control may impound the cat(s) and the Animal Control Officer shall initiate an action in District Court for custody oft the cat(s). based on the owner's failure to abate the nuisance. (B)FAILURE TO CONFINE A FEMALE CAT IN ESTRUS. When the Animal Control Officer has probable cause to believe. that an owner has failed or refused to confine a female cat in heat in a building or secure enclosure, he may initiate the issuance ofa civil penalty as provided under this ordinance. (C)PRIVATE REMEDIES. Nothing in this Article shall prevent a private citizen from suing the owner ofa cat, which has caused injury to said private citizen or his property for damages or any other loss resulting  time.  County and shall be disposed of according to this Ordinance.  from a cat being a public nuisance.  19    ARTICLE VI- DOG NUISANCE  SECTION1  DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  (A) DOG: Any and all domestic canines.  (B) DOGI NUISANCE: The owner shall ber responsible for any dog creating a nuisance. The following qualifying act(s) or conditions described in numbers one (I) through eight (8) shall be deemed prima facie  evidence ofa an animal nuisance.  (I)is at large off of the premises ofi its owner and not under restraint ofa a person; or (2) chases, snaps at, attacks or otherwise molests pedestrians, bicyclists, motor vehicle passengers  or farm stock or domestic animals; or (3) gets into or turns over garbage pails; or  (4) damages gardens or other foliage or other real or personal property; or (5) habitually or continuously loiters on school grounds or official County parks or récreation areas or City parks or recreation areas (applicable in the Cityonly if the enforcement ofthis Ordinance is adopted by a city in Stanly County by resolution); or (6) isa a dangerous animal as defined in Article VII; or (7) ist maintained in an unsanitary condition as to be,offensive to sight or smell; or (8) is diseased and dangerous to the health oft the public.  (C)OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge of or taking care of an animalor allowing an animal to remain on their property for more than  seventy-two (72) hours. SECTION2  DOG CREATING A NUISANCE. The owner shall be responsible for any dog creating a nuisance, and it shall be a violation ofthis Articleifa dog engages in any ofthe acts mentioned in Section 1, Subsection (B)  above, or Section 3 below. SECTION3  DOG HOUSED OR RESTRAINED LESS THAN 151 FEET FROM PUBLIC WAY. Any dog housed orrestrained less than fifteen (15) feet from public street, road or sidewalk may be deemed a public nuisance if, in the discretion of Animal Control, the dog poses a threat to the general safety, health and welfare ofthe  general public. SECTION4  INTENTIONALLY OR WILLFULLY CAUSING A DOG TO VIOLATE THIS ARTICLE. It shall be a violation of this ordinance for a person to intentionally or willfully cause a dog to be a public nuisance. SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations oft this Article of the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa  SECTION5  collection agency to the extent permitted by applicable law(s).  20    (A) WARNINGS. When an Animal Control Officer determines that a violation of Section 3 ofthis Article has occurred, he may issue a written Warning of Violation and Notice of Public Nuisance, which shall be served on the owner. The owner shall be responsible for abating the nuisance within seventy-two (72) hours by making sure his dog does not engage in any further act or acts which may constitute a nuisance. (B) FAILURE TO ABATE THE NUISANCE. Ifthe dog engages in any further act(s) ori ift the owner oft the dog fails to abate the condition which constitutes the nuisance within seventy (72) hours, the Animal Control Officer may issue a Notice of Violation and Civil Penalty for the first offense and additional penalties for any subsequent offense. Ift the owner fails to abate the nuisance after the second civil penalty, Animal Control may seize and impound the dog. Ifthe dog is seized, the Animal Control Officer must post anotice ofs seizure and impoundment with the owner. The owner may réclaim the dog upon payment of civil fees, redemption fees and boarding fees. Ifthe dog is not reclaimed within three (3) days, it shall become the property of Stanly County Animal Control and shall be disposed of according to this ordinance. (C)OWNER UNKNOWN. In situations where the owner ofa dog is unknown and the dog is a nuisance, the Animal Control Officer shall impound the dog. Ifthe owner does not redeem the dog within three (3) days, the dog shall become the property of Stanly County and can be disposed ofaccording to this (D) DOG HOUSED OR RESTRAINED LESS THAN 151 FEET FROM PUBLIC WAY. Notwithstanding the other sanction mentioned above, when it has been determined by an Animal Control Officer that a dog has been housed or restrained within fifteen (15) feet ofa public street, road or sidewalk, and the dog poses at threat to the public, but the dog is not in the street, road or on the sidewalk, he shall issue a warning to the owner requesting the owner to move the dog. Ifthe owner refuses tomove the dog, the Animal Control Officer shall issue a Notice of Violation and Civil Penalty for the first offense and additional penalties for each subsequent offense. After the second offense, the Animal Control Officer may impound the dog. He must leave a Notice of Impoundment with the owner or affix the notice to the premises. The owner shall have three (3). days to redeem the dog. The owner must pay any and all outstanding civil penalties, redemptions fées, and boarding fees in order to redeem the dog. Ifthe owner fails to redeem the dog within three (3) days the dog shall become they property of Stanly County tol be disposed ofaccording to this Ifa dog is housed or restrained within fifteen (15) feet ofa public street, road or sidewalk and the dog poses athreat to the public, and it is found in the public street, road or on the sidewalk and the owner is not at home or refuses to remove said dog from the public street, road or sidewalk, the Animal Control Officer may impound the dog. He must leave a Notice ofl Impoundment with the owner or affix the notice to the premises. The Animal Control Officer may issue a Notice ofViolation and Civil Penalty for a first offense and additional penalties for each subsequent offense. The owner shall have three (3) days to redeem the dog. The owner must pay any and all outstanding civil penalties, redemptions fees, and boarding fees in order to redeem the dog. Ifthe owner fails to redeem the dog within three (3) days the dog shall become the (D) INTENTIONALY OR WILLFULLY CAUSING A DOG TO VIOLATE THIS ARTICLE. IfAnimal Control finds that there is probable cause to believe that a person hasintentionally or willfully caused or enticed a dog to be in violation oft this Article, it may initiate the issuance ofa criminal summons or warrant. Any person found guilty of Section 4 shall be guilty ofar misdemeanor and shall be fined not more than five  Ordinance.  Ordinance.  property of Stanly County to be disposed of according to this Ordinance.  hundred dollars ($500.00) or imprisoned for not more than six (6) months.  21    (E) PRIVATE REMEDIES. Nothing in this Article shall prevent a private citizen from suing the owner ofa dog with has caused injury to said private citizen or his property for damages or any other loss resulting  from an animal being a nuisance.  ARTICLE VII- KEEPING STRAY ANIMALS  SECTIONI  DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  (A). ANIMAL: domestic animals such as dogs, cats, and ferrets.  (B)STRAY: An animal within the County wandering at large or lost without evidence oft the identification of an owner, or any animal within the County whose owner, ifdeterminable, has failed to pay for and  procure a license or vaccination tag, shall be deemed a stray.  SECTION2  KEEPING STRAY ANIMALS. It shall be unlawful for any person to harbor, feed, orkeep inj possession by confinement or otherwise any stray animal which does not belong to him or her. Any person harboring, feeding, keeping in his or her possession by confinement or otherwise any stray animal which does not belong to him or her must notify Animal Control within seventy two (72) hours from the time such animal came into his or her possession. It shall be unlawful for any person to fail to notify Animal Control within  seventy two (72) hours from the time a stray animal comesinto his or her possession.  SECTION3  REFUSAL TO SURRENDER, A STRAY ANIMAL. It shall be unlawful for any person to refuse to  surrender a stray animal to Animal Control upon demand.  SECTION4  SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations ofthis Article ofthe Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition ofc civil penalties, as prescribed in Article XIII, or both. Collection of civil penalties may be by civil action and/or by the use ofa (A) KEEPING STRAYANIMALS. When the Animal Control Officer has determined that a person has violated Section 2 above, he may issue a written Notice of Violation: and Civil Penalty to the person in violation. Once Animal Control takes possession ofa stray animal, it shall be placed in the County's Ift the Owner is not found or the animal is not redeemed aftert three (3) days, the animal shall become the (B) REFUSAL1 TO: SURRENDER STRAY ANIMAL. Any person who fails or refuses to surrenderas stray animal to Animal Control after demand, ifconvicted, shall be guilty ofar misdemeanor punishable by a fine ofnot more than five hundred dollars ($500.00) or imprisonment fori not more than six (6) months.  collection agency to the extent permitted by applicable law(s).  Animal Shelter for redemption by the Owner.  property of Stanly County and may be disposed ofaccording to this Ordinance.  22    ARTICLE VIII DANGEROUS ANIMAL OR POTENTIALLY DANGEROUS ANIMAL DEFINITIONS. As used in this Article the following terms shall have the meanings set forth below:  SECTION1  (A) ANIMAL: Domestic dogs, cats, and ferrets.  (B)ATLARGE: When any previously determined dangerous animal is off ofthe property ofits owner and not under restraint or when any previously determined dangerous animal is not confined to a secure  enclosure while on the property ofits owner, it shall be deemed at large.  (O,DANGEROUS ANIMAL: (1) An animal that:  (a) without provocation has killed or inflicted severe injury on a person, or (b) is determined by the Animal Control Department to be potentially dangerous because the animal has engaged in one or more ofthe behaviors listed in the (c) isc owned or harbored primarily or in part for the purpose of fighting, or any animal  definition ofay potentially dangerous animal; or  trained for fighting.  (D) POTENTIALLY DANGEROUS ANIMAL: An animal that has been determined to have:  (I) Inflicted a bite on a person that resulted in any ofthe following: broken bones, disfiguring lacerations or injuries requiring cosmetic surgery,h hospitalization, or other medical care. (2) Killed or inflicted severe injury upon a domestic animal, when not on the owner's real (3) Approached a person (ifthe person was not trespassing on the owner's property) in a vicious  property.  ort terrorizing manner in an apparent attitude of attack. (NCGS 67-4.1(2))  (E)OWNER: Any person, group of persons, firm, partnership or corporation owning, keeping, harboring, having charge of or taking care ofa dangerous or potentially dangerous animal or allowing a dangerous or (F)OWNER'S: PROPERTY: Any real property owned or leased by the owner ofa dangerous animal, not including any public right-of-way or the common areas ofa condominium, apartment complex or  potentially dangerous animal to remain on their property for seventy two (72) hours.  townhouse development  (G) RESTRAINT: A dangerous or potentially dangerous animal is restrained ifiti is in a secure enclosure or firmly under the control ofa competent person. When the animal is not in a secure enclosure on the owner's s property, it shall be securely muzzled and under restraint by a competent person who by means ofa non-retractable appropriately sized leash, not to exceed six (6) feet in length, has such animal firmly under control at all times. For purposes oft this section, tying a dangerous or potentially dangerous animal to a stake, pipe, tree or any other stationary object shall not constitute restraint. When the animal is not under the control ofa competent person, restraint shall mean confinement to a secure enclosure deemed (H) SECURE ENCLOSURE: An enclosure, the specifications ofwhich are listed below, from which a dangerous animal or potentially dangerous animal cannot escape unless freed by an owner. The secure enclosure shall be enclosed as a permanent structure with dimensions ofa at least 10x10x6 feet with at least  appropriate by the Animal Control Director or his designee.  23    6-gauge wire and S-20 framing at the top, sides, and bottom ofthe structure. Ifthe structure does not have a concrete floor, it shall have vertical sides made ofa least 6-guage wire that are at least eight (8) feet tall with at least six (6) feet above ground and at least two (2) feet buried underground. The door or doors of the secure enclosure must have secure locks on them at all times the animal is within the structure and not under control ofi its owner as outlined in item F oft this section. The Animal Control Officer may approve in writing other structures that will appropriately confine the animal. Human dwelling units shall not be  approved as enclosures for dangerous animals.  SECTION2  EXEMPTION. This Article shall not apply to a dog being used by a law enforcement officer to carry out the law enforcement officer's official duties, or a dog being used in alawful hunt, or a dog used as a hunting dog, herding dog, or predator control dog on the property of or under the control ofi its owner, or a dog where the injury inflicted by the dog was sustained by a person who, at the time oft the injury, was committing a willful trespass or tort, was tormenting, abusing, or assaulting the dog, had tormented, abused,  ora assaulted the dog or was committing or attempting to commit a crime.  SECTION3  DETERMINATION OF DANGEROUSNESS. Ifthe Animal Control Department or Health Director receives information that an animal has exhibited or committed any ofthe acts described in the dangerous animal or potentially dangerous animal definitions above, the animal shall be immediately impounded by the Animal Control Department at the Stanly County Animal Shelter or other façility approved by the Health Director or his designee. The Health Director or his designee shall make a determination as to whether the animal is dangerous or potentially dangerous. The Health Director or his designee must issue a written determination within three (3) days of learning about the dangérous propensity of the animal. Whatever determination Animal Control makes must be placed in writing. The written decision must contain his reasons for declaring o not dèclaring the animal potentially dangerous. Ifthe animal is declared potentially dangerous, specific instructions in accordance with Section 4 oft this Article and any other controls as deemed as necessary by the Health Director or his designee shall be given. These instructions must be followed during the pendency ofany appeal filed by the owner and at all times thereafter unless the owner prevails on appeal. Animals declared dangerous or potentially dangerous shall remain impounded at the Stanly County Animal Shelter or other facility approved by the Health Director or his designee. The animal shall be impounded until such time as the Health Director or his designee is satisfied that a secure enclosure is construçted by the owner and all the aforementioned instructions and controls have been met; however, dangerous animals or potentially dangerous animals not reclaimed by the owner within thirty (30) days oft being deeméd dangerous shall become property of Stanly County and be humanely destroyed except in cases in which there are pending appeals. All fines, penalties and fees shall be paid by the owner oft the The written decision shall be served on the owner oft the animal. Ifthe owner ofthe animal agrees with the Animal Control Department's decision, he shall go to the Animal Control Department during its normal operating hours to meet with an Animal Control Officer and review applicable confinement information/ documents within 72 hours ofreceiving the written decision. Ifthe owner of the animal disagrees with the Animal Control Department's decision, he must file a written Appeal and Request for Hearing with the Board of Health's Animal Control Committee within three (3) days ofreceiving the written decision. The Board of Health's Animal Control Committee shall schedule a hearing within ten (10) days ofr receiving the Appeal and Request for Hearing. The Board ofH Health's Animal Control Committee shall render a written decision within three (3) days after the hearing and serve the same on the owner. The owner may appeal the Board of Health's Animal Control Committee's decision to the Superior Court by filing notice ofa appeal and a petition for review within ten (10) days of the final decision oft the Board ofHealth's Animal Control  dangerous animal or potentially dangerous animal prior to the animal being reclaimed.  24    Committee. The appeal shall be heard de novo in Superior Court pursuant to N.C. General Statute 67- 4.1(c). Ifthe owner ofthe animal has no contact with the Animal Control Department within 72 hours of receiving the written decision, the animal will be disposed ofin accordance with this Ordinance. Ifthe owner SO chooses at any time during the determination ofc dangerousness process, he may surrender the  animal. SECTION 4  CONFINEMENT AND RESTRAINT OF A DANGEROUS ANIMAL OR POTENTIALLY The owner ofa dangerous animal or potentially dangerous animal shall keep the animal within a secure enclosure, as defined in Section 1 oft this Article, on his property. When the animal is not in a secure enclosure on the owner's property, it shall be securely muzzled and under restraint by a competent person who by means ofa non-retractable, appropriately sized leash, not to exceed six (6) feet in length, has such animal firmly under control at all times. The owner shall notify Animal'Control immediately of an escape All dangerous animals and potentially dangerous animals must be microchipped for identification bya licensed Veterinarian within twenty (20) days at the owner's expense and Animal Control provided with the All owners of dangerous animals and potentially dangerous animals must post a sign that states "DANGEROUS DOG," ift the animal is a dog, or "DANGEROUS ANIMAL,ifthe animal is not a dog, at the common entrance(s) to the property and post,same on the enclosure where said animal is confined. The Animal Control Department may use theirdiscretion in requiring additional, non-English languages or The Animal Control Department shall have the authority to require the owner ofa dangerous or potentially dangerous animal to. procure, and provide proofof liability insurance in the amount of at least $100,000 at the owner's expense and to require the owner to have the insurer notify the department ofany change in the  DANGEROUS ANIMAL.  by the animal.  identification number.  pictures on signs.  insurance or policy. SECTION: 5  TRANSFER OF OWNERSHIP OF A DANGEROUS ANIMAL. Ift the owner ofa dangerous animal or potentially dangerous animal transfers ownership or possession of the animal to another person, the owner shall provide the Animal Control Department with written notice prior to the transfer of ownership or possession. Minimally, said written notice shall contain the anticipated date oftransfer and the name, address, and telephone number of the new owner or person taking possession. Additionally, the owner shall provide written notice to the new owner or person taking possession that the animal is dangerous or potentially dangerous, as defined in this Article. Ifthe new owner or person taking possession ofthe animal resides in Stanly County, then the new owner or person taking possession oft the animal shall be subject to the same confinement restrictions as the prior owner. The Animal Control Department shall verify the new owner's or new person taking possession' s ability to comply with the confinement restrictions prior to the actual transfer of the animal. Ifthe new owner or person taking possession of the animal does not reside in Stanly County, then the Animal Control Department shall notify the County ofr residence oft the new owner or person taking possession oft the animal oft the animal's location, dangerousness, and/or potential  dangerousness.  25    Should a Stanly County resident come into ownership or possession ofan animal previously declared dangerous or potentially dangerous by another County, Stanly County shall give full faith and credit to the other County' s deeming oft the animal as dangerous or potentially dangerous. Stanly County shall require the animal and its owner/possessor to comply with the dangerous and/or potentially dangerous requirements  contained in this Ordinance. SECTION 6  SANCTIONS, PENALTIES, FINES AND REMEDIES. Violations oft this Article oft the Stanly County Animal Control Ordinance are punishable by prosecution in criminal court as provided by G.S. 14-4 and G.S. 130A-25, unless a greater penalty is provided elsewhere, or by the imposition of civil penalties, as prescribed in Article XIII, or both. Collection ofcivil penalties may be by civil action and/or by the use ofa (A) DANGEROUS ANIMAL OR POTENTIALLY DANGEROUS ANIMAL FOUND. AT LARGE. Ifa previously determined dangerous or potentially dangerous animal is found at large and an Animal Control Officer is unsuccessful in catching the animal, the animal may be tranquilized or humanely destroyed at the Animal Control Officer's discretion with or without prior notice to the owner. Ifan Animal Control Officer does tranquilize or humanely destroy such an animal, he shall submit a written report ofthe incident to the Animal Control Director within seventy-two (72) hours of the incident and shall make a good Ifa previously determined dangerous or potentially dangerous animal is determined by an Animal Control Officer to pose immediate danger to the health and safety of any person or animal, the dangerous animal or potentially dangerous animal may be tranquilized or humanely destroyed at the Animal Control Officer's discretion, with or without prior notification to the owner. In the event the Animal Control Officer does tranquilize or humanely destroy such animal, he shall submit a written report oft the incident to the Animal Control Director within seventy-two (72)hours oft the incident and shall make a good faith attempt to notify Ifa dangerous animal or potentially dangerous animal is caught while at large or seen at large, it may be impounded and humanely destroyed. Animal Control may. go upon private property to seize the animal. The Health Director may issue a Notice ofIntent to Destroy the Animal to the owner. The owner may appeal this intended action by filing a written request with the Board ofHealth's Animal Control Committee within three (3) working days oft receiving the written decision. The Board ofH Health's Animal Control Committee shall schedule a hearing within ten (10) days of receiving the Appeal and Request for Hearing. The Board ofHealth's Animal Control Committee shall hear the appeal and rendera a final written decision within three (3) working days after the hearing and serve the same on the owner. The owner may appeal the Board of Health's Animal Control Committee decision to the Superior Court by filing notice of appeal and a petition for review within ten (10) days of the final decision oft the Board ofHealth's Animal Control Committee. If the owner fails to seek a timely review oft the Animal Control Director's Notice ofIntent to Destroy the Animal ori ifhe fails to file a timely appeal of the Board ofHealth's Animal Control Committee's decision, Ifthe owner ofa dangerous or potentially dangerous animal has failed to adhere to the written instructions provided by the Health Director, the Health Director may issue an Order of Seizure with Intent to Destroy the Animal to the owner. The owner may appeal this intended action by filing a written request with the Board ofHealth's Animal Control Committee within three (3) working days of receiving the written decision. The Board of Health's Animal Control Committee shall schedule a hearing within ten (10) days of  collection agency to the extent permitted by applicable law(s).  faith attempt to notify the owner of the incident.  the owner of the incident.  Animal Control may humanely destroy the animal.  26    receiving the Appeal and Request for Hearing. The Board ofHealth's Animal Control Committee shall hear the appeal and render a final written decision within three (3) working days after the hearing and serve the same on the owner. The owner may appeal the Board ofHealth's Animal Control Committee decision to the Superior Court by filing notice of appeal and a petition for review within ten (10) days of the final decision oft the Board ofHealth's Animal Control Committee. Ifthe owner fails to seek a timely review of the Health Director's Notice of Intent to Destroy the Animal or ifhe fails to file a timely appeal ofthe Board of Health's Animal Control Committee's decision, Animal Control may humanely destroy the (B) FAILURE TO CONFINE OR RESTRAIN A DANGEROUS OR POTENTIALLY DANGEROUS ANIMAL AND FAILURE TO PROVIDE NOTICE OF TRANSFER. Any owner who fails to confine or restrain a dangerous animal or any owner who fails to provide the written notices described in Section 5 above or violates any provisions oft this Article shall be subject to the sanctions, fines, penalties and remedies mentioned above, as well as being subject to the issuance ofa criminal warrant or summons. If convicted, the owner shall be guilty ofa misdemeanor punishable bya fine not to exceed five hundred dollars ($500.00) ori imprisonment for not more than six (6) months, or both (N.C.GS.67-2)(0).  animal.  ARTICLEIX- INHERENTLY DANGEROUS EXOTIC ANIMALS  SECTION1 DEFINITIONS. categories:  A)INHERENTLY DANGEROUS EXOTIC ANIMAL: An animal which falls within any oft the following  (I)ar non-human primate;  (2) Canidae, including any member oft the dog (Canid) family not customarily domesticated by man, or any hybrids thereof, including but not limited to wolves and wolfhybrids which are a cross between a (3) Felidae, including any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by man, and any hybrids thereof, but not including domestic cats (Felis catus); (4) Ursidae, including any member oft the bear family, or any hybrids thereof;  wolf and a domestic dog, but not including domestic dogs (Canis) familiaris);  (5)reptiles, insects, or arachnids, which are venomous, or a constrictor not indigenous to Stanly County. (B) OWNER: Any person, groups of persons, firm, partnership or corporation owning, keeping, having charge of or taking care of an animal or allowing an animal to remain on their property for more than seventy-two (72) hours. As used with Inherently Dangerous Exotic Animals, "Owner" also includes one who allows an inherently dangerous exotic animal to remain in, be lodged, fed, given shelter or refuge within the Owner's home, store, yard, enclosure, out-building, abandoned vehicle or building, place of business, or any other premises in which the person resides or over which the person has control.  27    SECTION2  PROHIBITION. It shalll be unlawful to own, possess, keep, or harbor an inherently dangerous exotic animal, as defined in this Ordinance, within Stanly County. Upon Animal Control's discovery oft the owning, possessing, keeping, or harboring of an inherently dangerous exotic animal, as defined int this Ordinance, within Stanly County, the Owner ofs said animal shall have 72 hours to remove said animal from Stanly County. The Owner shall provide the Animal Control Department with written notice containing the name, address, and telephone number of the new owner or person taking possession ofs said animal. Additionally, the Owner shall provide written notice to the new owner or person taking possession that the animal is inherently dangerous. The Animal Control Department shall notify the County ofresidence ofthe new owner or person taking possession oft the animal oft the animal'slocation and inherent dangerousness. Should the Owner not remove the inherently dangerous éxotic animal from the County within 72 hours of discovery, the Animal Control Department shall institute seizure ofs said animal and any and all costs of TEMPORARY GRANDFATHER CLAUSE: An Owner who owned, possessed, kept or harbored such inherently dangerous exotic animal on or before the effective! date ofthis Ordinance shall remove said animal(s) from the County within six (6) months following the adoption ofthis Ordinance.  seizure shall be paid by the Owner.  SECTION3 EXEMPTIONS. This Article IX shall not apply to:  A. Veterinary clinics inj possession ofsuch animals for tréatment or rehabilitation purposes;  B. Institutions regulated by the USDA; D. Registerèd non-profit humane societies; F.Any wildlife rehabilitator licènsed by the State; are held within the County per calendar year; are held within the County per calendar year;  C.I Institutions accredited by the American Zoo and Aquarium Association;  E.A Animal Control authority or law enforcement officers acting under authority of this Act;  G. Non-resident circuses for no longer than one 7-day period for separate locations where such circuses H. Non-resident carnivals for no longer than one 7-day period for separate locations where such carnivals L.Persons temporarily transporting such animals through the County, providing that such transport shall  not be longer than 24 hours.  J.A Any licensed or accredited research or medical institution or educational institution.  SECTION4 IMPOUNDMENT. Disposition ofl Impounded Animals:  A. Any inherently dangerous exotic animal which is kept by any person in violation oft this Ordinance may be taken and impounded by the Animal Control Officer for the protection of the animal, the public, or both. Whenever possible, the Animal Control Officer shall take and impound the animal in  28    the presence ofi its owner; however, ifs such is not practical, the Animal Control Officer may take and B.I Ifan inherently dangerous exotic animal is impounded pursuant to this Ordinance, the Owner ofthe animal shall be notified by the Animal Control Officer in person or by certified mail. C.Any inherently dangerous exotic animal impounded pursuant to this Ordinance will be held three (3) days for the Owner to reclaim same, but ift the animal cannot be taken and impounded safely by the Animal Control Officer, or if proper and safe housing cannot be found for the animal, the Animal D.7 The Owner of the inherently dangerous exotic animal can reclaim the animal ifh he or she can satisfy the Animal Control Officer that the safe transfer ofthe animal to an appropriate location outside the E.Ifthe Owner cannot be located, or has not claimed the inherently dangerous exotic animal within three (3) days after taking and impoundment, the Animal Control Officer shall have the discretion to sell, F.All costs oft taking, impoundment and care ofthe inherently dangerous exotic animal will be charged to the Owner regardless of whether the animal is claimed by or returned to said Owner. Such costs, along with any applicable civil penalties, fines, and fees; must be paid in full by the owner prior to the  impound such animal consistent with the provisions oft this Ordinance.  Control Officer may immediately destroy the animal.  County has been arranged.  adopt or euthanize the animal.  animal being reclaimed. ARTICLEX-I INTERFERENCE  INTERFERENCE. It shall be unlawful for any person to interfere with, hinder, or molest an employee of Animal Control or any other person duly authorized by this Ordinance while in the performance ofduty. It shall also be unlawful for any person to seek release, or attempt to release, or to release any animal in the custody of Animal Control, except as otherwise specifically provided in this Ordinance. The Animal Control Officer may initiate the issuance ofa criminal warrant for any person violating this Article. If convicted, the person shall be guilty ofar misdemeanor punishable by a fine of up to five hundred dollars  ($500.00) or imprisonment for not more. than six (6) months. ARTICLE. XI-TRAPPING OF DOGSANDCATS  SECTION1  TRAPPING. It shall not be a violation of this Ordinance for a person to apprehend an animal on his property by trap or by hand; however, the person must call Animal Control within twelve (12) hours of catching the animal. It shall be. unlawful for any person to go on the property ofanother and release a dog or cat from a trap set by Animal Control or from a trap set by the property owner(s). The Animal Control Officer may initiate the issuance ofa criminal summons or warrant for any person violating this Article. If convicted, the person shall be guilty ofa misdemeanor punishable by a fine of up to five hundred dollars At the request of a responsible adult, and ifa trapi is available and deemed an appropriate measure by an Animal Control Officer, the Stanly County Animal Control Department may place and set an animal trap upon property located in Stanly County that is owned or controlled by the individual making the request for said trap. The person making the request will be required to sign a written agreement authorizing the Animal Control Department personnel to enter the property at all reasonable hours for the purpose of  ($500.00) or imprisonment for not more than six (6) months.  29    placing or setting the trap, retrieving trapped animals from the trap, and removing trap from property. The person requesting and/or signing for the trap will be responsible for any damage to or loss oft the trap. Animal traps will not be set on the property ofanother and traps are not to be removed from the county DAMAGE, DESTRUCTION, AND OR THEFT OF COUNTY ANIMAL CONTROL PROPERTY. Itshall be unlawful for any person to damage, destroy, or steal property belonging to the Stanly County Animal Control Department. Violators will be cited and fined in accordance with this ordinance, to include the cost ofr replacement or repair of the lost, damaged, destroyed, or stolen property, or criminally charged A citizen may petition the Stanly County Board ofHealth for a hearing to determine the circumstances for the loss or damage ofat trap. The Board ofHealth may, determine the extent ofnon-intentional loss, destruction, or damage to traps. The Board may relieve the citizen ofany financial responsibility; however, the burden of proof will be upon the citizen to show the loss was not caused by intentional loss, damage, or destruction. The citizen may appeal any decision oft the Board to the Stanly County Board of Commissioners within ten (10) days for a hearing de novo. Any person assessed ai monetary obligation regarding the loss ofa trap must provide the monetary restitution within twenty (20) days to the Stanly County Animal Control Department. Any violator will be cited and fined in accordance with this ordinance.  SECTION2  and prosecuted pursuant to the applicable North Carolina General Statutes.  ARTICLE XII - IMPOUNDMENT OF ANIMALS  SECTIONI 1  DEFINITIONS. As used in this Article, the following terms shall have the meanings set forth below: (A)ANIMAL: Domestic dog, cat and ferret; includes other wildlife only in case ofr rabies exposure to (B)F FERAL CAT: A domestic cat which has adapted to survive in the wild, is homeless and ownerless, and may having descended from stray cats and possibly generations of abandoned house pets. (C) IMPOUNDMENT: Possession or seizure of an animal by Stanly County Animal Control for placement  human(s) or unvaccinated domestic animal(s).  in the County's Animal Shelter or any other appropriate facility.  SECTION: 2  IMPOUNDMENT. Not inçonsistent with the preceding Articles ofthis Ordinance, any healthy animal, which appears to be lost, strayed or unwanted, or any dog, cat or ferret which is found not wearing a current valid rabies vaccination tag, may be confined to the Animal Shelter for a minimum period ofthree (3) days, unless otherwise specified by this Ordinance, for redemption by the owner. Any animal not redeemed within three (3) days shall become the property of Stanly County and shall be disposed of pursuant to this Ordinance. Stanly County Animal Control is authorized to obtain suitable board, maintenance and care from any available source for any impounded animal for which the Animal Shelter is not equipped to care. The owner ofany animal impounded and cared for under this provision oft the Ordinance may redeem the animal upon payment ofall costs for maintenance, transportation and care plus regular redemption fees  provided in Article XII.  30    SECTION3  FERAL CATS. A feral cat shall bel held for three (3) working days for redemption by a possible owner. If the feral cat is not redeemed within three (3) working days, it may be euthanized pursuant to this Ordinance. NOTICE. A good faith effort shall be made to notify known owners ofir impounded animals. Ifthe owner is known, a written Notice of Impoundment shall be served on the owner or affixed to the owner's premises. The written notice shall describe the animal, state the date, time and place the animal was picked up and inform the owner of the conditions whereby the animal may be redeemed. Instructions on how to determine ifan animal has been impounded shall be posted at the Animal Shelter. The posting ofthese instructions at  SECTION 4  the Animal Shelter shall constitute adequate notice to an unknown owner.  SECTION: 5  BOARDING FEES. Pursuant to conditions ofthis ordinance, the Animal Control Director, with the assistance of Animal Shelter personnel, shall charge to the owner the following fees, which must be paid  before an animal may be redeemed:  Per Day Boarding Fee for dogs Per Day Boarding Fee for cats  $15.00 $15.00 $15.00 charged by the caretaker or boarder ofthe animal Actual amount charged by the person providing the transportation  Per Day Boarding fee for all other animals kept at the Animal Shelter  Per Day Boarding fee for all other animals not kept at the Animal Shelter Actual amount  Non-Routine Charge for transporting the animal  The above fees are in addition to the Redemption fees set forth in Article XIV and are subject to adjustment  or change by the Stanly County Board ofCounty Commissioners at any time.  ARTICLEXII-CIVIL PENALTIES  CIVIL PENALTIES, Animal Control is authorized to assess civil penalties for violations oft this Ordinance. Animal Control may attempt to collect any assessed civil penalty that is not paid within 20 days ofitsi issuance via the filing ofa civil action and/or the use ofa collection agency to the extent permitted by  applicable law(s).  Failure to Wear Rabies Tag Failure to Vaccinate  $50.00 $100.00 $100.00 $100.00  Failure to Notify, or Provide Information ofa Bite $100.00 Manner of Keeping and Treating Animals Failure to Give Notice of Injuring Animal Failure to Give Notice ofInjured Animal On Property $100.00 Unprovoked Dog Bite While Running at Large  $500.00 plus at- large citation  Animals Running at Large Time  $50.00  31    2nd Time 3rdTime 4 or More Times Failure to Confine Dog/Cat in Estrus Animal Public Nuisance st Time 2nd Time 3rdTime 4or More Times Harboring Stray Animals Dangerous Animal Violations Violation ofExotic Animal Ordinance Interference with Officer Interference with Trap or Cage Damage or Neglect to Dog Trap Damage or Neglect to Cat Trap Unspecified Violations oft the Ordinance (Each) ARTICLE XIV-I REDEMPTION OF ANIMALS  $75.00 $100.00 Court Proceedings $75.00 $50.00 $75.00 $100.00 Court proceedings $50.00 $500.00 $500.00 $100.00 $250.00 $150.00 $50.00  $500.00 plus costs of seizure, ifapplicable  REDEMPTION OF ANIMALS. An owner of an animal, which has been impounded by Animal Control, may resume possession of the animal, except asprovided in other-Articles oft this Ordinance, upon (A) PROOF AND ACKNOWLEDGEMENT OF OWNERSHIP. Any person attempting to redeem an impounded animal shall present proof sufficient to satisfy Shelter personnel ofownership oft the animal.  compliance with the following provisions:.  Evidence of ownership may include but is not limited to any oft the following:  (1)License tag from another county; (2) Rabiès tag for the animal; person as owner ofthe animal;  (3) Ownership documents, pedigree papers, bill ofs sale and any other document identifying the (4) Photographs oft the animal with the owner or other family members; or (5). Affidavit from two people in the community stating that the animal has been seen in the presence or possession ofthe person attempting to resume possession. Any person attempting to redeem an animal on behalfofa an owner shall present proof sufficient to satisfy (B)TIME OF REDEMPTION. Any person attempting to redeem an animal must make contact with the Animal Shelter within three (3) days oft the animal being impounded at the Animal Shelter. After making contact, that person shall be given a reasonable amount oftime, not to exceed three (3) additional days, to prove ownership and redeem the animal. Boarding fees begin 24 hours after notification. (C)PAYMENT OF REDEMPTION FEES, BOARDING FEES AND CIVIL PENALTIES. The owner of an impounded animal must pay all redemption fees, boarding fees and civil penalties assessed against the animal before it can be released from the shelter. Any person, after presenting sufficient proofof  Shelter personnel that he or she is acting as agent for the owner.  ownership, may redeem the animal after paying the following fees and costs:  Redemption by owner $75.00 + Boarding Fee + Civil Penalty  32    nd rd th  2 Redemption by owner $100.00 + Boarding Fee + Civil Penalty 3 Redemption by owner $150.00 + Boarding Fee + Civil Penalty 4 and Subsequent Redemption Contingent upon Court Orders  These amounts may be changed by the Stanly County Board ofCommissioners at any time. Ifthe owner has failed to pay all amounts due and ift the appropriate holding period has passed, the animal shall then become the property of Stanly County and be disposed ofa as provided by this Ordinance. ARTICLE XV-I DISPOSITION AND ADOPTION OF IMPOUNDED ANIMALS  SECTION1  DISPOSITION OF IMPOUNDED ANIMALS. Ifan animal is notj redeemed by its owner within the allowed time for redemption, the animal shall become the property of Stanly County without any further notice to the owner. Once the animal becomes the property of Stanly County, the Animal Control Director isa authorized to adopt the animal out or euthanize it. Any sick or diseased animal, which appears to be lost, strayed or unwanted and is found not wearing a rabies vaccination tag or any other form ofi identification may be euthanized immediately by order ofthe Animal Control Director. Any sick or diseased animal, with proofofownership, confined in the County Animal Shelter, may be euthanized by order oft the Animal Control Director. All animals released for adoption shall be spayed or nèutered and provided appropriate preventive care by a veterinarian as outlined in the Animal Control Department's Adoption Agreement. ADOPTION FEES. Fees for animals released for adoption from the Stanly County Animal Shelter shall  SECTION2  be set by the Board of County Commissioners.  SECTION3  BONAFIDE RESCUE GROUPS. Adoptable animals may be transferred at no charge to bonafide nonprofit animal rescue groups that provide their own veterinarian care services in compliance with this ordinance.. Said rescue groups must provide documentation oft the aforesaid to Animal Control. RECOVERY OF ADOPTED ANIMAL. Ifthe adopting party violates the terms of the adoption agreement, the Animal Control Department is authorized to recover, reclaim or repossess an animal and  SECTION4 4  dispose ofthe animal in accordance with this Ordinance. ARTICLE XVI SERVICE AND RETURN OF SERVICE  METHOD OF SERVICE AND RETURN. Unless otherwise specified in this Ordinance, all notices or citations required to be sent or delivered pursuant to this Ordinance shall be served and return ofs service (A) PERSONAL SERVICE. The Animal Control Department or Animal Control Officer may personally deliver notices or citations to all persons due a notice or citation pursuant to this Ordinance. Ifhe does SO, he must get the person to sign a certificate verifying that the notice or citation was in fact received, and the Animal Control Director or Animal Control Officer shall sign a return of service certificate verifying that he in fact served the notice or citation. Ifthe person being served refuses to sign the notice or citation verifying receipt of the same, the person making service shall write in the appropriate space "refused to sign." The person'sr refusal shall not invalidate the service. The Animal Control Director or Animal Control Officer  made as follows:  33    may leave the notice or citation with anyone of suitable age and discretion at the residence or place of business oft the person being served. The person serving said notice or citation shall have the recipient sign (B) REGISTERED OR CERITIFIED MAIL. The Animal Control Officer may serve notices or citations by ARTICLEXVII-, APPEALS AND REQUESTS FOR REVIEW OF CIVIL CITATIONS  the service certificate.  registered or certified mail, return receipt requested.  SECTION1  APPEAL PROCEDURE. All civil citations may be appealed in writing. The notice of appeal must be addressed to Stanly County Health Department, Attention: Health Director, 10001 North First Street, Suite 3, Albemarle, NC 28001 and postmarked or personally delivered within five (5)daysofreceipt of the citation. APPEAL HEARING. Appeals of Animal Control Civil Citations shall be heard within ten (10) days of the Notice of Appeal, unless a continuance is mutually agreed upon. The Appeal Hearing shall be held by the Health Director or his designee. All testimony offered in a hearing held pursuant to this Article shall be given under oath and recorded by tape recording or any other reasonablei manner. The hearing shall be open tot the public. The person requesting the hearing may be represented by an attorney. The Animal Control Officer shall have the burden of proving that this Ordinance has been violated and that the proposed sanction is in accordance with the Ordinance. The person requesting the hearing will then be given the opportunity to prove that this Ordinance has not been violated and/or that the sanction is not in compliance with the Ordinance. The person requesting the hearing may admit the violation and confine his proofto showing that the sanction is not in accordance with the Ordinance. The Animal Control Director will then be given the opportunity to address any conflicts or inconsistencies: created by the evidence or statements. The Health Director OR his designee will render al Decision and al Notice of Decision will be furnished to all parties concerned: (appellant, bite victim, animal owner, etc.) Ifthe sanctionspenalties are upheld, the animal owner will have twenty (20) days to pay any fines or fees before collection efforts are initiated. The animal owner may further appeal the decision ofthe Health Director or his designee to Stanly County  SECTION2  Superior Court within ten (10) days oft the service ofthe Notice of Decision.  ARTICLE XVIII-GENDER  GENDER STATEMENT. In this Ordinance, words ofthe masculine gender shall be deemed and construed to include correlative words oft the feminine and neuter genders, words importing the singular  number shall include the plural number, and vice versa.  ARTICLE XIX-S SEVERABIEITY  SEVERABILITY. Ifany section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional in any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity oft the  remaining portions oft this Ordinance.  34    ARTICLE XX- ENFORCEMENT AND EFFECT OF THIS ORDINANCE  SECTION1  ENFORCEMENT. The Animal Control Director or any other person duly authorized to initiate legal action on behalf of Stanly County may take necessary legal steps to enforce this Ordinance. This Ordinance shall be enforced by imposing the specific sanctions, penalties, fines and other remedies described herein, by seeking injunctive relief, orders ofa abatement, orders of custody and any other means prescribed by statute or common law. Any violation ofthis Ordinance, which does not carry a specific sanction, penalty or fine, shall be punishable as a general criminal misdemeanor to the extent permitted by applicable North  Carolina law. SECTION2  EFFECTIVE DATE. Unless specifically indicated within subsections, the provisions oft this Ordinance  shall take effect the day after its adoption.  SECTION3  EFFECT ON PRIOR ORDINANCE. All prior animal control ordinances are hereby repealed the day  after the adoption ofthis Ordinance.  Adopted by the Stanly County Commissioners the  day of  2012.  Attest:  Stanly County Commissioners  Clerk to the Board  Chair  35    Stanly County Board of Commissioners  STANIN Meeting Date: September 4, 2012  5  Presenter: Melanie Holles  COUNIY  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 ** Ifyou! have need to use the Document Camera and: zoom into: a particular area, ifp possible please attacha a copy oft the document with the areai indicated  Please Provide al Brief Description ofyour Presentations format: that! your need toz zoom into. AI laser lighti is: available to pinpoint your area ofp projection. *** You can bringi ina a laptop that will allow video out tol be connected: at the lectern- - set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED PROCLAMATION  Please see the attached proclamation declaring September and October 2012 as the 411-4 Districts, 1 Book, 1 Community Months for Stanly County with "The Hunger Games" by Suzanne  Collins being selected as this year's novel for the project.  Request Board approval of the attached proclamation.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to bea at true copy of the action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    STANLY COUNTY BOARD OF COMMISSIONERS 10001 NORTHFIRST STREET, SUITE 10 ALBEMARLE, NORTHCAROLINA STANLY COUNTY, NORTH CAROLINA  28001  Lindsey Dunevant, Chairman Genel McIntyre, V/Chairman Tony Dennis Jann] Lowder Josh Morton  PROCLAMATION  WHEREAS, reading is a joy for all ages which allows young and old to come together in discussion on a variety of WHEREAS, every community has special traits that makes it unique. These traits develop over time and are woven into thet fabric ofi its citizens' daily lives. In many ways, our community defines who we are; and WHEREAS, every community comes together through shared history, shared knowledge, and shared experiences. As our community grows and changes, it can become more difficult to maintain and to honor the traits that are WHEREAS, the Stanly County Public Library has partnered with the publicl libraries, parks departments, community colleges and others in Cabarrus, Rowan, and Union Counties to form one community for the 411 -41 DISTRICTS, 1 WHEREAS, 411 - 4 DISTRICTS, 1 BOOK, 1 COMMUNITY is one way to bring together each diverse individual in Cabarrus, Rowan, Stanly and Union Counties to share an experience together the experience of reading the same novel. This collective experience not only encourages literacy; it also encourages dialogue and the expression of WHEREAS, the months of August, September and October 2012 have been selected for the 411 -4 4 DISTRICTS, 1 WHEREAS, The Hunger Games by Suzanne Collins has been selected for this year's 411 - 4 DISTRICTS, 1 BOOK, 1 WHEREAS, in celebration of the 411 - 4 DISTRICTS, 1 BOOK, 1 COMMUNITY project created many ways to come together and participate throughout. August, September and October by participating in book discussions, entering contests, participatingi in Survival Training Days and the Final Event at the Arena, and many other events. NOW, THEREFORE, the Stanly County Board of Commissioners declare the months of September and October as 411-40 DISTRICTS, 1B BOOK,1COMMUNITYI Months in Stanly County and commend its observance to all citizens. ADOPTED BY THE BOARD OF COMMISSIONERS of Stanly County, North Carolina this the 4th day of September  topics; and  unique and special; and  BOOK, 1COMMUNITY project; and  thoughts andi ideas among individuals who may not otherwise find a connection; and  BOOK,1COMMUNITY, project; and COMMUNITY project; and  2012. Attest:  Lindsey Dunevant, Chairman Stanly County Board of Commissioners  Tyler Brummitt, Clerk to the Board    Stanly County Board of Commissioners  Meeting Date: September 4, 2012 Presenter: Sheriff Rick Burris  STANIN COUNIY  Consent Agenda Regular Agenda  Presentation Equipment: I Lectern PC* Lectern VCR LJ Lectern DVD I Document Camera** Laptop*** *PCise equipped with' Windows! XP: and Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ify you have need to uset the 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. Al laser lighti is available to pinpoint your area ofp projection. *** You can bringi ina a laptopt that will allow video out tol be connected att thel lectern- set display to 60Mhz.  for County Employees.  ITEMTOI BE CONSIDERED  Patrol /Narcotics Detection Canine  Two or our current canine units have reached retirement. We are replacing them with two new canines, training, handlers, dwelling, as well as purchasing four heat alert systems for the canine transporting vehicles. We are using Federal Forfeiture Funds and State Drug Seized Funds to make this purchase. We: are also requesting that "Tonyk" be retired to his handler Deputy Rick Collins and "Ozy" be retired to his handler Deputy Jamie Shue. A liability release form will be  signed between Deputies Collins and Shue with the county.  Technology  We are joining Albemarle City Police in a Technology Grant for two F.R.E.D. and two  CELLBRITE units. We will be using our telephone fees for the funding.  Approve Budget Amendment 2013-03 to transfer money from Federal Forfeiture Funds, State Drug Seized Funds, and Telephone Fees. Also, approve the retirement of two canines and transfer  ownership.  Signature: Date: August 7, 2012  Dept. Attachments:  a  Yes X Certification of Action Certified to be at 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 thel Board  Date    Revised 07/07/2003  AMENDMENT NO:  2013-03  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINEDI by the Stanly County Board of Commissioners that the following amendment be made SECTION1. To amend the General Fund, the expenditures are to be changed as follows:  tot the annual budget ordinance for thet fiscal yeare ending June 30, 2013:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $  FUND/DEPART ACCOUNT NUMBER 110.4310.4310. 110.4310.4310. 110.4310.4310.  ACCOUNT DESCRIPTION  AS 19,000 23,500 12,563 55,063  NUMBER  550.000 Other Equipment 261.000 Dept Supply 291.000 Data Processing  $ 19,000 $ 3,500 7,500  20,000 5,063  TOTALS  25,063 $ 30,000 $  This budget amendment is justified as follows:  Two current canine units have reached retirement. We are replacing them with two new canines, training, handlers,. Technology Grant with Albemarle City Police to purchase two F.R.E.D. & two CELLBRITE units. This will resulti in a net increase of $ 30,000 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues willl bei increased. These revenues have already been received or are verified they will be received in this fiscal year.  dwelling, and purchasing four heat alert systems for their vehicles.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER 110.3431. 110.3431. 110.3432.  ACCOUNT DESCRIPTION Telephone Fees  AS 19,000 13,500 16,500 49,000  NUMBER 840.23  230.35 Federal Forfeiture Funds $ 310.24 State Drug Seized Funds  $ 19,000 $ 3,500 7,500  10,000 9,000  TOTALS  $  19,000 $ 30,000 $  SECTION2. Copies of this amendment shall be furnished to the Clerk of the Board of Commissioners,  Budget Officer, and tot the Finance Director.  Adopted this  day of  20_  Verified by the Clerk oft the Board K Department Head's. Approval Finance Director's Approval County Manager's Approval  ehh Date Date Date  Posted by Journal No. Date  8/2/2012 1:36PM  BA2013-03    FEDERAL & STATE CERTIFICATION HISTORY REPORI  Beginnng Balance  Funds Funds Interest Ending Spent Received Accrued Balance  FY 2010/2011 110.3431.230.35 110.3431.310.24  Federal Forfeited  19,972.39  14,884.91 27,588.44 85.41 32,761.33 19,250.00 11,440.41 0.00 29,059.26  entry bullet proof vests-514,834.91 Bill Smith Ford-2 trucks-55,000 (Boone Hayden) So.Police Canine-514,000 AC Childisn misingdonation-s230.  BA2011-13  State Drug Seizure 36,868.85  BA2011-28  FY 2011/2012 110.3431.230.35 110.3431.310.24  Federal Forfeited  32,761.33  0.00  32,761.33  State Drug Seizure 29,059.26  10,852.44 0.00 39,911.70  ***Expensed items listed indicate description and amount. *** FEDERAL & STATE CERTIFICATION PROPOSED REPORT  FY 2012/2013 110.3431.230.35 110.3431.310.24  Federal Forfeited  32,761.33  32,761.33 0.00 39,911.70  Vigilant Canine Svcs Intern'l-519,000  BA2013-03 BA2013-03 BA2013-03 BA2013-03  State Drug Seizure 39,911.70  Stallings Salvage-$500 Ace Hardware-s500 Ray Allen-$2,500  Prepared by Detria Turner 8/2/2012  Page 1    PayTel communications Phone Revenues  110.3432.840.23  Beginnng Funds Balance Received 0 1,334.50 1,308.64 1,356.87 1,267.59 836.82 605.69 472.86 443.37 738.26 1,027.60 1,467.22 1,153.97 1,045.32 1,092.54 756.94 1,046.32 867.06 1,034.23 952.73 925.32 844.29 960.66 803.23 850.88 930.36 873.38 987.21 926.77 714.10 818.01 826.20 846.37 590.82 562.80 710.85 1,360.73  One-half Funds Revenues 667.25 2,000.01 3,355.06  Balance 1,334.50 2,643.14 1,321.57 4,000.01 5,267.60 2,633.80 6,104.42 3,052.21 6,710.11 7,182.97 3,591.49 7,626.34 3,813.17 8,364.60 4,182.30 9,392.20 4,696.10 10,859.42 5,429.71 12,013.39 6,006.70 13,058.71 14,151.25 7,075.63 14,908.19 7,454.10 15,954.51 16,821.57 8,410.79 17,855.80 8,927.90 18,808.53 9,404.27 19,733.85 9,866.93 20,578.14 10,289.07 21,538.80 10,769.40 22,342.03 11,171.02 23,192.91 11,596.46 24,123.27 12,061.64 24,996.65 12,498.33 25,983.86 12,991.93 26,910.63 13,455.32 27,624.73 13,812.37 28,442.74 14,221.37 29,268.94 14,634.47 30,115.31 15,057.66 30,706.13 15,353.07 31,268.93 15,634.47 31,979.78 15,989.89 33,340.51 16,670.26  Spent  7/1/2009 9/2/2009 10/9/2009 11/6/2009 11/30/2009 12/30/2009 2/2/2010 2/26/2010 3/29/2010 5/7/2010 5/28/2010 6/30/2010 8/31/2010 9/30/2010 11/3/2010 12/2/2010 1/7/2011 1/26/2011 3/4/2011 3/31/2011 4/27/2011 5/31/2011 6/27/2011 8/31/2011 9/30/2011 10/28/2011 11/30/2011 12/28/2011 1/31/2012 2/28/2012 3/28/2012 4/30/2012 5/31/2012 6/29/2012  FY09-10 7/29/2009  0.00  FY1 10-11 7/29/2010  6,529.36 7,977.26  0.00  FY11-12 7/29/2011  0.00    FY12-13 7/31/2012  1,045.45  34,385.96 17,192.98    COUNTY OF STANLY  POLICE CANINE REPLACEMENT AND BASIC TRAINING AGREEMENT This Agreement is made and entered into by and between the COUNTY OF STANLY, a municipal corporation, through its STANLY SHERIFF'S DEPARTMENT, (hereinafter COUNTY"), and VIGILANT CANINE SERVICES INTERNATIONAL, LLC (hereinafter  PROVIDER").  1. SCOPE OF SERVICES.  1.1 PROVIDER will provide the COUNTY with two canines suitable for police work. The canine will be no older than 2 years of age. The COUNTY intends the dog to be used in searches for articles, evidence and persons, tracking, apprehension, public demonstrations, and detection of specific narcotics and drugs. For that reason, the canine will be qualified to perform to the COUNTY's satisfaction in all disciplines. The COUNTY shall approve of the 1.2 The canine will be guaranteed in regards to both performance and health. If, for any reason, the COUNTY is not satisfied with the canine within the first five (5) years, the PROVIDER will replace the canine free of charge. Reasons the COUNTY may be dissatisfied with the canine include, but are not limited to, the following: failure of the canine to meet the performance standards outlined in sections 1.3 and 1.4 (even after additional remedial training provided in section 5.3); reluctance of the canine to work in the following environments: indoors, stairs, confined spaces or slick floors. If, for any reason, the canine becomes unable to work due to illness, disease or genetic defect (including Hip Dysplasia) within the first five (5) years, the PROVIDER will replace the canine free of charge. The canine chosen for replacement will be subject to approval by the COUNTY. PROVIDER will not charge the COUNTY any costs associated with the replacement canine, including the training required to obtain certification. This guarantee does not cover any INJURY sustained by the canine after delivery to the agency or situations where the canine becomes environmentally unsound due to the agency's negligent handling. 1.3 PROVIDER will also provide a 160 hour Initial Basic Handlers Course to be attended by the K-9 team. The training shall include, but is not limited to, obedience, agility, search, tracking, revering, apprehension, muzzle work,  canine to be purchased.  protection, and detection of specific narcotics and drugs.  1.4 All training equipment used during the Initial Basic Handlers Course will be provided by the PROVIDER at no additional expense to the COUNTY.    COUNTY OF STANLY -POLICE CANINE REPLACEMENT AND BASIC TRAINING  AGREEMENT Page 2 of3  2. COMPENSATION.  2.1. The COUNTY shall pay the PROVIDER $19,000.00 (plus 6.75% North Carolina sales tax; unless proof of tax exemption is provided)) for two canines that meet the qualifications listed in section 1 of this Agreement, 160 hour Basic Handler Course, and 24 hours of enhancement training during the following year. 2.2. PROVIDER shall submit an invoice to the COUNTY describing the services 2.4. Within thirty (30) days after the COUNTY's receipt of invoice, COUNTY shall make payment to the PROVIDER based upon the services described on the  performed.  invoice and approved by the CITY.  3. TERMINATION. The COUNTY may terminate this Agreement by giving ten (10) days written notice to PROVIDER. Upon termination, PROVIDER shall give the COUNTY all original documents, including preliminary drafts and supporting documents, prepared by PROVIDER for this Agreement. The COUNTY shall pay PROVIDER for all services satisfactorily performed in accordance with this 4. ATTORNEY'S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and  Agreement, through the date of termination.  expenses incurred. 5. NOTICES.  5.1 All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally  delivered or mailed to the respective party as follows:  To COUNTY: Stanly Sheriff's Office 223 South 2nd Street Albemarle, NC 28001  To PROVIDER: 8614 Hollis Street Los Molinos, CA. 96055  Vigilant Canine Services International, LLC  5.2 Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated above, or (2) three working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated above.    COUNTY OF STANLY -POLICE CANINE REPLACEMENT AND BASIC TRAINING  AGREEMENT Page 3 of3  6. MODIFICATIONS. This Agreement may not be modified orally or in any manner 7. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other 8. SEVERABILITY. In the event any term of this Agreement is held invalid by a court of competent jurisdiction or ifi it is found to be in contravention of any federal or state statute or regulation or county ordinance, the Agreement shall be construed as not containing that portion or term, and the remainder of this Agreement shall 9. ENTIRE AGREEMENT. This Agreement comprises the entire integrated understanding between the parties concerning the services to be performed for this project. This Agreement supersedes all prior negotiations, representations, or 10. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the PROVIDER and the COUNTY. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties do hereby agree to the full performance of the  other than by an agreement in writing signed by both parties.  provision of this Agreement.  remain in full force and effect.  agreements.  terms set forth herein.  COUNTY OF STANLY  PROVIDER  By: Title: Date:  By: Buckley Dikes Title: Chief Executive Officer Date: Fed. Employer ID No.    STATE OF NORTH CAROLINA COUNTY OF STANLY  ADDENDUM TO COUNTY OF STANLY POLICE CANINE REPLACEMENT BETWEEN STANLY COUNTY SHERIFF'S DEPARTMENT AND VIGILANT To the extent that the terms oft this Addendum conflict with the terms oft the County of Stanly Police Canine Replacement and Basic Training Agreement Dated Canine Services International, Inc. (hereinafter referred to as "Agreement") the terms set (a) Thej phrase "municipal corporation" appearing in the introductory paragraph of the Agreement is hereby stricken and removed from the Agreement and is hereby  AND BASICTRAINING AGREEMENT DATED  2012BY AND  CANINE SERVICES INTERNATIONAL, INC.  2012 by and between the Stanly County Sheriff's Department and Vigilant  out below shall control:  replaced with the following:  "al body politic and corporate oft the State ofl North Carolina" (b) TERM-1 Beginning and ending dates oft the Agreement:  through  Note: Also, address when 5 year warranty starts.  (c) SUBCONTRACTING - Vigilant Canine Services International, Inc. (hereinafter referred to as "Provider") shall not sub-contract all or any part oft the services provided for in this Agreement without prior written approval oft the Stanly County Sheriff's Department (hereinafter referred to as "County"). (d) RELATIONSHIP OFPARTIES - Provider is an independent contractor oft the County. Provider represents that it has or will secure, at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. Itis further agreed that the Provider will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the services called for herein. Neither Provider nor any employee of the Provider shall be deemed an officer, employee or agent oft the County. Provider shall ensure that it (e) INSURANCE REQUIREMENTS - Provider shall obtain, at its sole expense, all insurance as required in the County's contract control policy and shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. Such insurance shall name the County as Additional Insured under both General Liability and Auto Liability policies. Should said Certificate of Insurance expire prior to the termination of this  maintains a properly executed IRS Form W-9.    contract, PROVIDER shall supply to the COUNTY an updated certification prior (f) INDEMNIFICATION: - Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or misconduct oft the Provider, except to the extent same are caused by the negligence or willful Iti is the intent ofthis section to require Provider to indemnify the County to the (g) NON-ASSIGNMENT Provider shall not assign all or any part ofthis Agreement, including rights to payments, to any other party without the prior (h) ENTIRE AGREEMENT - The parties have read the Agreement and agree to be bound by all ofits terms, and further agree that it, along with this Addendum, constitute the complete and exclusive statement of the agreement between the parties unless and until modified by a writing signed by the parties. (1) GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws ofthe State ofNorth Carolina and any action resulting from this Agreement shall be brought in the General Court ofJustice of North Carolina () CONPIDENTALITY - Provider may, during the course of providing his or her services hereunder or in relation to this Agreement have access to, and acquire knowledge regarding personnel, materials, data, systems, and other information which may not be accessible or known to the general public. Any knowledge acquired by Provider from such materials shall not be used, published or divulged by Provider to any person, firm or other entity without prior written approval of  to the expiration of the Certificate initially provided.  misconduct oft the County.  extent permitted under North Carolina law.  written consent of the County.  sitting in Stanly County North Carolina.  the County.  Stanly County Sheriff's Department Vigilant Canine Services International, LLC  By Date_ 223 South 2nd Street Albemarle, NC 28001  By Date_ 8614 Hollis Street Los Molinos, CA 96055 Federal Tax ID#:  This instrument has been pre-audited in the manner required by the Local Government  Budget and Fiscal Control Act.  FINANCE DIRECTOR  2    CONTRACT DOCUMENTS  This written contract includes the following:  A. County of Stanly Police Canine Replacement and Basic Training Agreement,  Original  B. Addendum to County of Stanly Police Canine Replacement and Basic Training  Agreement Dated  2012 By and Between the Stanly County Sheriff's  Department and Vigilant Canine Services International, Inc.  Stanly County Sheriff's Department  Vigilant Canine Services International, LLC  Initial  Initial  3    FS Series K9 Deployment & Heat Alert  sox4  System  TWO-VEAF 6 625. WARRANTY  ALL-IN-ONE INTERACTIVE INTELLIGENT REMOTE PAGER The most technologically advanced system in Through user feedback and continuous drivef fori improvement, Ray Allen Manufacturing! hasi improved upon our industry leading technology to bringy yout the most functionally advanced, user-friendly and durable heata alerts system available ont the market today. Ther new systems are designed, developed and manufactured in our Colorado Springs facility, whicha allows for robust system component testing ons site. Each ande every function was tested continuously for over 1 million cycles without a single system failure. When it comes to thes safety ofy you andy your K9, you can trust Ray Allen, the leader in K9 Deployment and! Heat Alert Systems. *Indicates NEW features. - Alls system settings ares savedi in non-volatile memory, which means even ifp power is disconnected from the system, yours settings are saved On-board high currentr relays and user- replaceable fusesf for ease of - Small (4" x6") unit with 14"x2%" easy-to-read graphic LCD display Articulating mounti included; uses long-lasting double-sidedi tape for secure anchor on dash or other flat surface Quick ande easys system programming Real-t time display oft temperature and system status Adjustable back-lightf for improved visual day or night Manual override control of variable fan speed interactive Intelligent Remote Pager 1"x*" easy-to-read graphic LCD display Adjustable back-light for improved visual day orr night Bi-directional communication between Pager and Control Poda allows for accessories* display ofr real- time temperature ands system status information Advanced lithium polymer rechargeable battery with Smart Charger (included) that stops charging when full, improving battery life Spread Spectrum RF technology ensuring high signal strength and no interference Individually encoded allowing for multiple systems to operate int the same area such as microphone systems Over 7/10 milel line ofs sight deployment and alert range Beep (on/off) andv vibrate notification of heat alert One custom-molded form-fitting pager holster included The" "brain box" inas small case, mounts directly toy your Cruise Eze, vehiclei insert, or anywhere insidey your vehicle Ally wires attached via positive-lock wire harnesses, nol loose wires - RS System Meat Alert Only Users selectable features int the evento ofa a heat alerti includet temperature threshold setting, temperature unit setting (degrees For C), window none) Automatically turns onf fan (optional) at high-speed during alert Stall detection capability by monitoring vehiclet battery voltage ass smoke/carbon monoxide detector' alert temperature, eliminatingf false alerts duet toi isolated! hots spots  the world just got better!  62502.00  FS Series Gen2 Features and do not needt to ber reset. installation. Heads-Up Display  FRONT  Optional Fan: 350CFM. Mounts directly tot thef front partition of our Cruise EzeTM. MD10F $64.95    System continues to operate if one sensor fails, but warns of failed sensor (system alertsi ift both sensors fail) Programmable: auxiliary output for use with external alert devices/ K91 Heat Alert System with pager FS System Heat Alert and Deployment Includes all features foundi int the F2 Heat/ Alert System above One button remote deployment (recessed for safety, no accidental Beep (optional) and vibration feedback to remote pager when Short vehicle horn burst for deployment acknowledgment"* System unlocks, unlatches, pushes and holds open vehicle door when deployed Park/Neutral input disables deployment system when vehicle isi ing gear Strong 55 Ib Gas Push Rod Durable 401 Ibl Unlatch Solenoid User selectable window drop option during deployment Adjustable unlock timing to maximize deployment speed and vehicle compatibility K9 Deployment & Heat/ Alert System with for all non-Dodge vehicles for Dodge vehicles  (F2)  $695.00 62550  deployments)  Multiple channel options available to prevent interference with devices deployment button is pressed  Controi Pod  Pager- (F3) (F3-D)  $895.00 $895.00  roll- down (left, right, both or none), alarm mode (horns, lights, both or Belt-Clip Holster for FS Series Remote, for F2orF3 (F91BC) $39.00  FS Series GPS Vehicle Speed Sensor  Universal method to disable remote-controlled deployment systemi in velocity calculating microchip in case GPS signal isl lost.  Multi- purpose auxiliary alerti input for use witha ane external device such police vehicles whilei in motion  upt to 12 satellites.  by tracking  Easily  System uses Dual Temperature Sensors (with 15' cables) to measure integrates with our F Series systems. Backed up with a sophisticated  (FGPS)  $195.00  76  WWW.RAYALLEN.COM 300-444-0404 SALESORAYALLEN.COM    Albemarle Animal Clinic P.O. Box 1262 Albemarle, NC 28001 704-983-2164  July20,2012  Sheriff Rick Burris Stanly County Sheriff's Department 223 South Second Street Albemarle, NC 28001 Dear Sheriff Burris,  Iam aware of the economic situation faced by most law enforcement agencies, but Istill have Ihave expressed concern in the past with respect to hyperthermia. Ifacanine suffers from hyperthermia, even ift they survive, they can be permanently impaired and never work again. If you calculate how much it would cost to replace a working canine, train ai new handler and the time lost in replacing that canine, the value ofal heat detection unit is unquestionable. Most insurance companies will not pay for a death due to hyperthermia as this is a negligent fatality. Death from heat stroke is not only al horrible, miserable death, it isi inexcusable. Wehavea great canine unit and we should do everything possible toj protect them during their service. I recommend that the Stanly County Sheriff'sl Department equip each canine patrol car with a heat  concerns that the canine patrol cars are: not equipped with heat detection units.  detection unit.  Sincerely,  DumbapQ Ann M. Yowell, D.V.M.  AMY/ms    Stanly County Sheriff's Office Canine Retirement Request Information  Dog's Name Ozy Tonyk  Age  Handler Deputy Jamie Shue Deputy Rick Collins  Other Info Decreased Stamina Bad limb  7y years, 3 months 7 years, 6 months    Cellebrite Mobile Forensics and Data transfer solutions  Page 1 of 1  MyCellebrite Customer Login Enhissh  celebrire deliveringr mobilee expertise  Home Company Products Solutions News &Events Careers Contact Us  "We: are committedia empowerng oure qustomersby enaping mmediate accessto valuable niomation. froms any mobie device forany puppose."  Whaty We Do  Mobile Retarl Cellebrite IhstoreSolulions  Mobile Forensics UFEDTOUCH Faster, Smarter, Easier  Wes develop advanced mobile data solutions fort twos distinct markets: mobilei n-stores solutions fort ther retail sector andr mobiles data extraction. decoding ands analysis solutions for mobile forensics. 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New Ventilated Imaging Shelf Selected FREDS systems naves 3isob been upgraded toi includes ourn nevr  p/wwwdiglaimeligeeligemecompodiwtyie  8/29/2012    Stanly County Board of Commissioners  SIANIY Meeting Date: September4.2012 COUNIY Presenter: Donna Davis Presentation Equipment: Lectern PC* Lectern Please Provide al Brief Description * PCise equipped with Windows XPa and Microsoft ofyour Presentations format: for County Employees. ** Ifyou have need to use thel Document Camera and  7. Regular Agenda  Consent Agenda Camera** OL Laptop*** copy oft the document with thes areai indicated  VCR L Lectern DVD LJ Document  Office XP( (including Word, Excel, and  PowerPoint), Internet connectivity and Network connectivity  thaty *** You you need toz zoomi into. AI laser lighti is available to zoomi into: aj particular area, ifp possible please attach: a can bring ins a laptop thaty will allow video out to pinpoint be your area of projection.  connected at thel lectern- set display to 60Mhz. ITEM TOBE CONSIDERED  Stanly County Utilities  Stanly County has received an award for their Community Up Application submitted for FY 2011 funding.  Development Block Grant Infrastructure Hook-  and/or sewer connections to  The grant will provide $75,000 to assist in  approximately 30 homes.  providing water  Stanly County solicited proposals to provide administrative proposed project. Proposals were due by 1:00 to Carolina Governmental Services, LLC. 1)A Approve package of policies, procedures, Infrastructure Hook-Up Project. 2) Award administrative services contract to Carolina 3) Approve associated project ordinance and  services to aid in the implementation of the that the administrative services contract be awarded  received and reviewed. Iti is the staffre recommendation p.m. on Wednesday, August 15, 2012. Two proposals were  plans, resolutions and ordinances for the 2011 CDBG  Governmental Services, LLC.  budget amendments.  Signature: Date: August21,2012  Dept. Utilities Attachments:  yes Certification of Action  Review Process  X  No  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Certified to be a true copy of the action taken  Budget Amendment Necessary X  County Board of Commissioners on by the Stanly  Tyler Brummitt, Clerk to the Board  Date    STANLY COUNTY  2011  COMMUNITY DEVELOPMENT BLOCK GRANT NFRASTRUCTURE HOOK-UP PROJECT POLICIES, PROCEDURES, PLANS, RESOLUTIONS  AND ORDINANCES 2012-2015    TABLE OF CONTENTS  I. II.  Policies and Procedures A. Introduction A. Equal Opportunity  Plans & Policies & Resolutions & Ordinances  1. a. b. 2. 3. 4. B. 1.  Plan to Affirmatively Further Fair Housing Fair Housing Complaint Procedure Fair Housing Resolution Equal Employment Opportunity Plan Procurement Policy Persons) Acquistion/Relocation  Section 3 Plan (Local Economic Benefit for Low and Very Low Income Residential Anti-Displacement and Relocation Assistance Plan  C. Citizens Participation Plan and Procedure for Complaints  D. Code ofConduct  E. F.  504 Grievance Procedure Signature Resolution G. Project Budget Ordinance    STANLY COUNTY AND ORDINANCES FOR THE  POLICIES, PROCEDURES, RESOLUTIONS  COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM  WHEREAS, Stanly County has been awarded a Community Development Block Grant WHEREAS, Stanly County desires to adopt Community Development Program Policies, WHEREAS, The Community Development Office has created Community Development NOW, THEREFORE, BE IT RESOLVED, Stanly County hereby adopts Community Development Program Policies, Procedures, Plans, Resolutions and Ordinances as herein  Infrastructure Hook-Up Award for $75,000; and Procedures, Plans, Resolutions and Ordinances; and  Program Policies, Procedures, Plans, Resolutions and Ordinances;  contained. Adopted this the  day of  2012.  Chairman  ATTEST:  Clerk to the Board    Policies, Procedures, Plans, Resolutions and Ordinances for the 2011 Stanly County CDBG Infrastructure Hook-Up Project  1.  Recipient's Plan to Affirmatively Further Fair Housing This plan states that the County will implement activities to affirmatively further fair housing and comply with Title VIII, Civil Rights Act of 1968. This plan outlines the quarterly activities the County will Fair Housing Complaint Procedure - This procedure states how the County will handle complaints of housing discrimination and what steps that will be undertaken to resolve Fair Housing Plan Resolution - This resolution shows the County's support for Fair Equal Employment Opportunity and Procurement Plan - This plan certifies that the County will comply with all nondiscrimination laws and regulations in employment, and will take action in the areas of enforcement, education and removal of barriers and Procurement Policy - This policy outlines the three methods of procurement to be used Section 3-Local Economic Benefit for Low and Very Low Income Persons Plan - This plan explains the County's strategy for identifying opportunities in employment arising out of a CDBG assisted project and for making these jobs available for low-income residents in the project area. It also states that the project activities will try to utilize local Residential Anti-Displacement and Relocation Plan - This plan states how the County will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than low/moderate income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of1 1974 and what steps the County will take to replace these units. Citizens Participation Plan - This plan states that the County will provide for and encourage citizen participation and will provide technical assistance to groups representative of persons oflow and moderate income who request such assistance. Citizens Participation Procedure for Complaints - This plan states the procedures developed by the County to handle complaints received involving the Community  undertake during the life oft the grant to promote fair housing.  2.  these complaints.  3. 4.  Housing throughout the County.  impediments that affirmatively further equal access inj procurement. within this project for the award ofc contracts and for purchases made.  5. 6.  suppliers.  7.  8.  9.  Development Block Grant or any HUD-funded programs.  10. Code ofConduct This policy states that no public official, employee, officer or agent of the County shall participate in the selection, the award or the administration of a contract supported by federal funds ifa conflict ofinterest, real or apparent, is involved.    11. 504 Grievance Procedure This procedure allows for a process for which citizens 12. Signature Resolution - This resolution allows for up to four persons with the be designated to sign checks and requisitions. At least two signatures are  file a grievance concerning 504.  can County to required on all  checks and requisitions.  13. Project Budget Ordinance This budget outlines the source oft revenue and expenditures  throughout the life oft the project.    INTRODUCTION  Stanly County has received a Community Development Block Grant in the amount of $75,000. These funds will be used to provide water and/or sewer connections to (30) low and  moderate income households in the County.    STANLY COUNTY  FAIR HOUSING COMPLAINT PROCEDURE  Housing discrimination is prohibited by Title VIII of the Civil Rights Act of 1968 and by the North Carolina State Fair Housing Act. In an effort to promote fair housing and to ensure that the rights of housing discrimination victims are protected, Stanly County has developed the following procedures for receiving and resolving housing discrimination complaints:  1.  Any person or persons wishing to file a complaint of housing discrimination in Stanly County may do SO by informing the County Manager of the facts and Upon receiving a housing discrimination complaint, the County Manager shall acknowledge the complaint within 10 days in writing and inform the North Carolina Human Relations Commission (217 W. Jones St., Raleigh, NC 27603- When a housing complaint cannot be resolved at the local level, the County Manager shall offer assistance to the Human Relations Commission in the investigation and reconciliation of all housing discrimination complaints which The County shall publicize in the local paper that the County Manager is the local  circumstances oft the alleged discriminatory acts or practice.  2.  1334,919-733-7996) about the complaint.  3.  are based on events occurring in Stanly County.  4.  official to contact with housing discrimination complaints.    FAIR HOUSING RESOLUTION OF STANLY COUNTY NORTH CAROLINA  WHEREAS, Stanly County seeks to protect the health, safety and welfare ofits residents; WHEREAS, citizens seek safe, sanitary, and habitablec dwellings in all areas ofthe County; WHEREAS, Stanly County finds the denial of equal housing opportunities because of religion, race, color, sex, familial or handicap status, or national origin legally wrong and socially  and and  unjust; and  WHEREAS, the denial of equal housing opportunities in housing accommodations is WHEREAS, Stanly County finds the praclicofdiserimimation against a citizen in housing a denial of his equal rights and his equal opportunity to seek al better living and develop community  detrimental toj public welfare and public order; and  pride;  NOWTHEREFORE, BEITRESOLVED, by the Stanly County Boardo ofCommissioners Section 1. Stanly County has declared it an official policy of Stanly County that there  ofStanly County, North Carolina, that  shall not be discrimination in the terms or conditions for buying or renting  housing in Stanly County. and implement this policy.  Section 2. Alll business groups andi individual citizens ofthe County are urged to respect Section 3. The County Manager, or his designate, of Stanly County is the official  authorized by the County to(1) receive and document complaints regarding housing discrimination in the County; and (2) refer such complaints to the North Carolina Human Relations BoardofCommisioners forinvestigation,  conciliation and resolution.    STANLY COUNTY  EQUAL EMPLOYMENT AND PROCUREMENT PLAN  Stanly County maintains the policy of providing equal employment opportunities for all persons regardless of race, color, religion, sex, national origin, handicap, age, political affiliation, or any other non-merit factor, except where religion, sex, national origin, or age are bona fide  occupation qualifications for employment.  Ini furtherance oft this policy the County prohibits any retaliatory action ofany kind taken by any employee oft the County against any other employee or applicant for employment because that person made a charge, testified, assisted or participated in any manner in a hearing, proceeding or The County shall strive for greater utilization ofa all persons by identifying previously under utilized groups in the work force, such as minorities, women, and the handicapped, any making special efforts toward their recruitment, selection, development, and upward mobility and any Responsibility for implementing equal opportunities and Affirmative Action measures is hereby assigned to the County Manager and/or other persons designated by the County Manager or the Board of Commissioners: to assist in the implementation ofthis policy statement. The County shall develop as self-evaluation mechanism to provide for periodic examination and evaluation. Periodic reports as requested on the progress of] Equal Employment opportunity and the County Manager will present Affirmative Action to the Board of Commissioners. The County is committed to this policy and is aware that with its implementation, the County will receive positive benefits through the greater utilization and development of all its human  investigation of employment discrimination.  other term, condition, or privilege ofe employment.  resources.    STANLY COUNTY PROCUREMENT POLICY FOR  COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM  In the procurement of supplies, equipment or: services in Stanly County Community Development  Block Grant Program the following policies shall apply:  1)  Small purchase procedures. Theses are relatively simple andi informal procurement methods that are sound and appropriate for a procurement of services, supplies, or other property, costing int the aggregate not more that $25,000. Under this procurement method price orrate quotations shall be obtained from an adequate number of qualified sources. Inc competitive sealed bids (formal advertising) sealed bids shall be publicly solicited and a firm, fixed, price contract shall be awarded tot thei responsible bidder whose bid, conforming with all oft the material terms and conditions of the invitation for bids, is lowest in price. In competitive negotiations proposals shall be requested from a number of sources and the Request for Proposals shall be publicized. All aspects ofthe competitive negotiations shall be carried outi in conformance with 24CFR Part 85. Underthismethod special consideration shall be given to experience, technical abilities, and familiarity with the services to be provided. Price shall not be the sole consideration for award of contract.  2)  3)  On all procurement efforts shall be made to solicit bids from qualified small, female, and minority In all cases procurement under this Policy must conform to the requirements for procurement set An adequate record of procurement must be maintained to insure that these policies and the  business firms.  forth in 24 CFR Part 85.  requirements of24 CFR Part 85 have been followed in their entirety.    SECTION: 3 PLAN FOR EMPLOYMENT OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS COMMUNITY DEVELOPMENT BLOCK GRANT  STANLY COUNTY PROGRAM  To insure that to the greatest extent possible contracts for work are awarded to business concerns located in or owned in substantial part by persons residing in the Section 3 covered area, as required by Section 3 oft the Housing and Urban Development Act of1968, Stanly  County has developed and hereby adopts the following Plan:  1. This section 3 Plan shall apply to services and needed in connection with the grant including, but not limited to, businesses in the fields of planning, consulting, design, building  constrnuctionrenovation, maintenance and repair, etc.  2. 3.  This Section 3 covered project area for the purpose ofthis grant program shall, When in need of a service, the County will identify suppliers, contractors or  include Stanly County, and portions ofi immediately adjacent counties.  subcontractors located in the Section 3 area. Resources for this identification shall include the Minority Business Directory published through the Statel Department ofCommerce, local directories and the Small Business Administration local offices. Word ofmouthi recommendations shall also be  used as a source. 4.  The County will include this Section 3 clause in all contracts executed under this  CDBG Program. Where necessary, listing from any agency noted in No. 3 above deemed shall be  included as well as sources ofs subcontractors and suppliers.  5.  The prime contractor selected for major public facility or building construction  work will be required to submit a Section 3 Plan which will outline his/her work needs in connection with the project. Should a need exist to hire any additional personnel, the Stanly County Employment Security Commission shall be notified and referred to the contractor.  6.  Each contractor for housing rehabilitation underthe program, as applicable, forjobs  having contracts in excess of$100,000 shall be required to submit a Section 31 Plan. This Plan will be maintained on: file in the grant office and shall be updated from time to time or as the grant staff  may deem necessary. 7.  Early in our project, prior to any contracting, major purchases or hiring, we will  develop a listingo ofjobs, suppliers and contracts likely to be utilized during thej project. Wewillt then advertise in our. local newspaper an advertisement, prominently located as a display advertisement, the pertinent information regarding the project including all Section 3 required information.    STANLY COUNTY AND  RESIDENTIAL ANTI-DISPLACEMENT RELOCATION ASSISTANCE PLAN  In order to comply with the requirements of Section 104(d) of the Housing and Stanly County will replace all occupied and vacant occupiable very-low or low-income dwellings units demolished or converted to a use other than low'moderate-income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of1974, as amended, as described in 24 CFR 570.606 (b)(1).  Community Development Act of1974, Stanly County adopts the following plan:  All replacement housing will be provided within three years oft the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County will make public and submit to  the HUD the following information in writing: 1. A description of the proposed assisted activity;  2.  A general location on a map and approximate number of dwelling units by size (number oft bedrooms) that will be demolished or converted to a use other than as low/moderate- A time schedule for the commencement and completion of the demolition or conversion; The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; The source of funding and a time schedule for the provision of replacement dwelling The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial The County will provide relocation assistance, as described in 570.606 (b)(2), to each low/moderate-income household displaced by the demolition ofl housing or by the conversion of al low/moderate-income dwelling to another use as a direct result ofa assisted activities.  income dwelling units as a direct result oft the assisted activity;  3. 4. 5. 6.  units; and  occupancy.    STANLY COUNTY CITIZENS PARTICIPATION PLAN  Stanly County provides for and encourages citizen participation, with particular emphasis on participation by persons of! low and moderate income who are residents of low and moderate income neighborhoods and/or slum and blight areas. The County provides citizens with reasonable and timely access to local information and records relating to the grantee's proposed use of funds. This is done through County Board of Commissioners' meetings which are  advertised in the local newspaper.  The County provides for public hearings to obtain citizens views and to respond to proposals and questions at all stages of the community development program, including the application process, the amendment process, and the closeout of the grant. Adequate notice is given for these meetings at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped. Any published advertisement issued by Stanly County Community Development Office includes the State TDD telephone number (1-800-735-  2962).  Stanly County provides for timely written answers to written complaints and grievances. Stanly County will provide a translator for non-English speaking residents for public hearings when the County is notified that any non-English speaking resident will attend the  A response will be made within 10 calendar days. (See attached Complaint Procedure)  public hearing. An interpreter will bej provided for hearing impaired residents.  Stanly County will provide technical assistance on a timely basis through staff or other resources to citizen advisory groups, and upon request of groups of low and moderate-income  persons and groups of residents in blighted neighborhoods.    CITIZEN PARTICIPATION PROCEDURE FOR COMPLAINTS  Stanly County has developed a procedure to process complaints which may be received involving the Infrastructure Hook-Up CDBG Project or any other HUD-funded program. There are two basic forms of complaint procedures: 1) verbal complaints which will be dealt with informally by the Community Development Office (CDO), and 2) written complaints which will All written complaints received by Congressional staff, local elected officials, the County Manager, and the CDO will be logged in as received by the CDO. Within a ten-day period following the receipt of this complaint, a response will be developed by the CDO, reviewed by the County Manager, and mailed to the party who wrote the complaint. This response will include property documentation and background oft the case in question, the proposed action, and In the event this response is unsatisfactory to the person making the complaint, that party will be referred to the Project Area Committee. This Committee and the CDO will hold a hearing to discuss the case. Minutes of these hearings will be held on file, and a written response by the Committee will be made to the complainant. The second procedure for the appeal process will be a hearing held by the County Board of Commissioners whereby the same procedure will be The final appeal can be made to the Division of Community Investment or other agency which provides the funds. At this point, all parties will be present at a hearing at the Board of Commissioners Chambers. The written recommendation made by the State staff will be final in Itis the responsibility of the person making the complaint to furnish documents, provide documentation to support allegations, provide counsel if desired, inform in writing to the CDOif they are represented by a third party, and attend the meeting involving a review of their  be dealt with formally with a set of procedures including appeals.  the time frame in which the complaint will be addressed.  followed including a written response.  all cases.  complaint.    STANLY COUNTY  COMMUNITY DEVELOPMENT CODE OF CONDUCT  HATCH ACT  No employee or agent ofthe County may: perform any function during work hours that is considered political activity. This includes: soliciting votes, transporting voters, distributing campaign  materials, working on or developing campaign materials, etc.  DISCRIMINATION  No person shall, on the grounds ofrace, color, religion, national origin, handicap ori familial status, Vietnam Era Veteran status ors sex be excluded from participationin, be denied the benefits of, orbe subject to discrimination under any program or activity funded in whole ori inj part with federal funds.  ENGAGEMENTINI PROCUREMENT  No employee, officer or agent of the County shall participate in the selection or award of administration ofacontract supported by federal fimdsifaconlletofimers, real orapparent would  bei involved. Such a conflict would arise when: The employee, officer, or agent; Any member of his immediate family; His or her partner; or other interest in the firm selected for award.  a) b) c) d)  An organization which employs ori is about to employ, any ofthe above, has a financial or  The grantee's officers, employees, or agent shall neither solicit nor accept gratuities, favors, or anything ofmonetary value from contractors, potential contractors, or parties to sub-agreements.  CONFLICT OF INTEREST  No employee or agent shall influence or attempt to influence the outcome of any case or matter in which hel has a direct interest either personally ori in the person ofany relative by blood or marriage. Employees or agents SO involved shall abstain from dealing with such matters; they may provide information at the request ofthe County Board ofCommissioners but shall not attempt to influence  the decisions oft the County Board of Commissioners.    STANLY COUNTY 1000 North First Street Albemarle, NC 28001 SECTION 504  COMPLIANCE OFFICER/GRIEVANCE PROCEDURE The Board of Commissioners ofStanly County, North Carolina, hereby designates the Emily Valentine as the Human Resources Manager, to serve as Section 504 Compliance Officer throughout the implementation ofthe Stanly County Community  Development Program.  Citizens with Section 504 grievances may do SO at any point in the program. The County will respond in writing to written citizen grievances. Citizen grievances should be mailed to the Emily Valentine, 1000 North First Street, Suite 10A, Albemarle, NC 28001. The County will respond to all written citizen grievances within ten (10) calendar  days ofreceipt oft the comments.  Should any individual, family, or entity have a grievance concerning any action prohibited under Section 504, a meeting with the compliance officer to discuss the grievance will be scheduled. The meeting date and time will be established within five (5)calendar days of receipt oft the request. Upon meeting and discussing the grievance, ,a  reply will be made, in writing, within five (5) calendar days.  Ifthe citizen is dissatisfied with the local response, they may write to the North Carolina Department of Commerce, Division of Community Investment, 4313 Mail Service Center, Raleigh, NC: 27699-4313. DOC will respond only to written comments  within ten (10) calendar days oft the receipt of the comments.    STANLY COUNTY FOR  RESOLUTION FOR SIGNATORY FORM AND CHECK SIGNATURES  COMMUNITY DEVELOPMENT BLOCK GRANT  WHEREAS, in order toi receive Community Development Block Grant funds Stanly County must authorize persons to: sign the requisition forms for Community Development Block Grant funds and checks for the Stanly County Community Development Block Grant Program.  BE ITI RESOLVED, that the County Manager, Utilities Director and Finance Director be authorized to execute the signature requirements for rquistionorCommuniy Development Block  Grant funds and checks for disbursement.  Chairman, Board of Commissioners  ATTEST:  Clerk to the Board    Carolina overnmental Services, LLC  Donna Davis Utilities Director Stanly County 1000North First Avenue Suite 10 Albemarle, NC: 28001  RE: Stanly County Infrastructure Hook-Up Community Development Block Grant  Program  Carolina Governmental Services, LLC (CGS) is pleased to submit this proposal for the Stanly County Infrastructure Hook-Up Community Development Block Grant Program. This is an exciting time for the County and we look forward to working with you on this project to make it  successful.  Our company offers full service grant administration. The grant writers and administrators at CGS have over 20 years experience in grant administration. We appreciate the opportunity to submit this proposal and we feel confident that we can provide the services necessary to make  your project successful.  Thanks again for your time and consideration oft this proposal. If you should have any questions  you may contact us at 336-787-4932.  Sincerely, EEg Michael Walser  1  1580Yadkin College Road, Lexington NC 27295  Phone: 336-787-4932 or 336-787-4028 e Fax: 336-787-5876 Toll Free: -800-614-6831    Fee Schedule  Carolina Governmental Services, LLC is pleased to offer our clients a competitive rate structure. CGS would not exceed at fee of $11,250 for the administration of the Stanly County  Infrastructure Hook-Up CDBG Program.  STANDARD FEE SCHEDULE:  Community Development Specialist II Certified Rehabilitation SpecialistI  $100.00/Hour $80.00/Hour  Carolina Governmental Services, LLC hourly rates include all expenses and reflect our Specific projects may be addressed on an hourly rate or based on mutually agreed upon lump The ultimate aim of our services and fees is to provide the client with professional assistance in a  competitive pricing.  sum fees, negotiated on the basis ofa well-defined scope of services.  timely and cost-conscious manner.  Rates are subject to change based on economic conditions.     E  Stanly County 2011 Sewer Hook UD GDBG Project  August 1,2012  Ms. Donna Davis, Director ofUtilities 1000 North First Street, Suite 20 Albemarle, North Carolina 28001  Stanly County  Dear Ms. Davis,  Itis is my pleasure to submit a proposal for administrative services to Stanly County for your CDBG Infrastructure Hook up CDBG Project. This project has been a long time coming and I know everyone is delighted to begin this work. I feel quite confident that I offer the best and most efficient and As a professional planner since 1985, Ih have worked in a variety of capacities for local governments, both on a consulting basis and as an employee. Ihave found my best work falls somewhere in between. Rather than provide the County with long distance administration, my desire is to be hands on, available to the County and the community. It's what many propose but often fail to deliver. Working as a single contractor, I can provide the on-site time and presence that a complex CDBG project such as this requires, thereby being responsive and accountable to the County and the project. You and the County are to be congratulated for receiving these grant funds and assisting your neediest of citizens. I thank you for your thoughtful consideration of this proposal and all that I can offer the County. Please do not hesitate to call me at (828).449-4970 ify you have any questions.  affordable services available to the County and its residents.  Sincerely,  Steve Austin    EEN  Stanly County 2011 Sewer Hook D CDBG Proect  Rehabilitated five dwellings. Contact: Steve. Alexander, Mayor 704-824-3461  11.Town of Ranlo program  Grant writer and administrator of a 2000 $248,000 Monterrey Park Water CDBG  Installed 5,948 LF ofwater line to serve 62 dwellings Contact: Steve Alexander, Mayor, (704)824-3461  12. Gaston County  Grant writer and administrator of 2000 $250,000 Housing Development CDBG project Infrastructure improvements to serve 66-unit senior citizen apartments  Contact: Pat Laws, Grants Analyst (704)866-3771  13.City of Kannapolis March 2007.  Sole Administrator of the City's HUD CDBG Entitlement Program from 2001through Responsibilities included assuring compliance with all federal requirements for program administration, planning, budgeting, Fair Housing, labor standards and  monitoring of ongoing programs. Activities included: Installed Pressure Reducing Valves to 363 dwellings Paved 15,243 LF of city-owned gravel streets. Section 108 loan economic development application and administration Targeted Brownfield application preparation and project administration Infrastructure installation and improvements Neighborhood Planning and Redevelopment Area Planning Environmental Review Record preparation and maintenance Contact: Mike Legg, AICP, City Manager (704).920-4333 IV. COST AND PRICINGINFORMATION  Administrator of the city's portion of the Cabarus/Rowan/redel. HOME  Consortium.  Fixed Fee Price:  Ip propose a total fixed fee price of $11,250 to complete all required administrative functions of the Stanly County 2011 Sewer Hook up CDBG Project as detailed in the request for proposals and this proposal. This fee is based on the project budget as approved by the County, as well as taking into consideration that the County will have administrative expenses such as advertising and postage costs that must be paid out the grant administrative funds or expenses for future grant planning and applications. Thel NC Division of Community Investment and Assistance allows the County thirty (30) months to complete the project. It is anticipated that the project should be completed within fifteen (15) months. Services included in the fee are as shown in the Scope of  14      Stanly County 2011 Sewer Hook D CDBC Project  Services and extend through the close of the project. Based upon my work history on projects such as this, I thank you for your special consideration to my experience, technical abilities and familiarity with the services and project. The fee is a 100% turn-key project  price for administration of the entire grant.  Hourly Rate:  Rate per Hour: Steve Austin, Program Administrator  75.00  15    STANLY COUNTY GRANT PROJECT ORDINANCE  BEITORDAINED by the Stanly County Board ofCommissioners that, pursuant to Section 13.2of Chapter159ofthe General Statutes ofNorth Carolina, the following grant project is herebyadopted: Section 1. The project authorized is the Community Development Project described in the work statement contained int the Grant Agreement between this unit andt thel North Carolina Department of Commerce, Division ofCommunity Investment. This project is more: familiarly know as the 2011 Section 2. The officers of this unit are hereby directed to proceed with the grant project within the terms ofthe grant document(s), the rules and regulationsofthel DeparmentofCommerce, Division Section 3. The following revenues are anticipated to be available to complete this project:  Infrastructure Hook-Up Project.  ofCommunity Investment and the budget contained herein.  Community Development Grant  $75,000 $75,000  Total  Section 4. The following amounts are appropriated for the project:  Rehabilitation Administration Total  $63,750 $11,250 $75,000  Section 5. The Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency Section 6. Requests for funds should bei made toi the grantor agency in an orderly and timely manner Section' 7. The Finance Directori is directed to1 report quarterly ont the financial status ofeach project Section 8. The Finance Directori is directed toi include a detailed analysis ofpast and future costsand  required by the grant agreement(s) and federal and state regulations.  as funds are obligated and expenses incurred.  element in Section 4 and on the total grant revenues received or claimed. revenues on this grant project in every budget submission made to this board.    Section 9. Copies ofthis Grant Project Ordinance shall be made available to the Finance Director Section 10. The Finance Director is hereby authorized to transfer funds from one line item to another line item without further approval by the County Board ofCommissioners, subject to the regulations oft the North Carolina Department of Commerce, DivisionofCommuniy Investment.  and the Finance Officer for direction in carrying out this project.    Revised 07/07/2003  AMENDMENT NO: 2013-04  STANLY COUNTY-BUDGET AMENDMENT  BE IT ORDAINED by the Stanly County Board of Commissioners that the following amendment be made To create Fund 256 CDBG 2011 Infrastructure Hook-Up Project, the expenditures are to be changed as follows:  tot the annual budget ordinance for the fiscal year ending June 30, 2013:  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED $  FUND/DEPART ACCOUNT NUMBER 256.4930 256.4930  ACCOUNT DESCRIPTION  AS  NUMBER  191.000 Administration 698.000 Rehabilitation  $ 11,250 $ 11,250 63,750  63,750  TOTALS  $ 75,000 $ 75,000  This budget amendment isj justified as follows: To Create Fund #256: 2011 Infrastructure Hook-Up Project.  This will result in a neti increase of $ 75,000 in expenditures and other financial use to the County's annual budget. To provide the additional revenue for the above, the following revenues will be increased. These revenues have already been received or are verified they will be received in this fiscal year.  CURRENT BUDGETED INCREASE AMOUNT (DECREASE) AMENDED  FUND/DEPART ACCOUNT NUMBER 256.3493  ACCOUNT DESCRIPTION  AS  NUMBER  330.20 Community Grant (CDBG) $  $ 75,000 $ 75,000 $ 75,000 $ 75,000  TOTALS  $  SECTION2. Copies oft this amendment shall bet furnished tot the Clerk of the Board of Commissioners,  Budget Officer, and to the Finance Director.  Adopted this_  day of  20_  Verified by the Clerk of the Board Depaytmeht Head's Approval ZLEa  Date 8-27-12 Date Date  Posted by Journal No. Date  County Manager's Approval  827/20123:07PM  BA2013-04.xism    Stanly County Board of Commissioners  Meeting Date: September 4, 2012 Presenter: Melia M. Miller  8x  STANIN COUNTY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD Document Camera** Laptop*** Please Provide: al Brief Description ofyour Presentations format: and PowerPoint), Internet connectivity and Network connectivity ** for Ify County you have Employees. need to uset thel Document Camera and zoom into a particular area, ifp possible please attach a copy oft the document with the area indicated  *PCi ise equipped with Windows! XP and! Microsoft Office XP (including' Word, Excel, that you need toz zoom into. AI laserl lighti is available to pinpoint your area of projection. *** You can bring ina al laptop that will allow video out to be connected: att thel lectern- - set display to 60Mhz.  ITEM TOI BE CONSIDERED  Iwill be submitting two 2013 Revaluation Schedules, the Schedule of Values for Market Value and the Schedule of Values for Present Use Value. A timeline for the adoption and appeal process for the Schedules has been provided. Charles Johnson and Iv willl briefly review the timeline.  No action is required by the Commissioners at this time. Copies of the Schedules ofValues are  available for public inspection at the following locations: Stanly County Central Administration Office Stanly County Tax Administration Office Stanly County Public Libraries  Signature: Melia M. Miller Tfuamnuller  Dept. Attachments:  Yes_X Certification of Action Certified tol be at true copy oft the action taken by the Stanly County Board of Commissioners on  No  Date: 8/27/2012  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Stanly County Board of Commissioners  SIANIN Meeting Date: September 4, 2012  Presenter: Michael Sandy  COUNIY  Consent Agenda Regular Agenda  Presentation Equipment:  Lectern PC* Lectern VCR Lectern DVD LI Document Camera** Laptop*** *PCise equipped with Windows! XP: and Microsoft Office XP( (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity ** Ifyou have need to use thel Document Camera and: zoom into: aj particular area, if possible please attacha a copy oft the document with the  Please Provide al Brief Description ofy your Presentations format:_ that! your need toz zoomi into. AI laser lighti is available to pinpoint your area ofp projection. *** You can bringi ins a laptop that will: allow video out tol be connected at thel lectern- set display to 60Mhz.  for County Employees.  area indicated  ITEM TO BE CONSIDERED PLANNING AND ZONING  Presentation of the proposed County of Stanly Minimum Housing Ordinance  Itis requested the Board ofCommissioners schedule a public hearing for Monday, October 1, 2012 to receive public comment on the proposed County of Stanly Minimum Housing Ordinance  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be ai true copy of the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    DRAFT  County of Stanly  State of North Carolina  RESOLUTION TITLE: Approval of the Stanly County Minimum Housing Ordinance WHEREAS, The Board of Commissioners in the summer of2012, requested the Planning Staff to research and make recommendations for a new County Minimum Housing and High Grass WHEREAS, The work was completed in September, 2012 and a public hearing was set for  Ordinance; and,  XXXX,XX, 2012, to receive public input; and,  WHEREAS, After consideration of the public hearing comment and proposed staff recommendations, the Board of Commissioners approved the Stanly County Minimum Housing  and High Grass Ordinance, effective upon approval.  NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners that the Minimum Housing and High Grass Ordinance, dated XXXXX 2 XX, 2012, and shall become effective upon  approval.  BE IT FURTHER RESOLVED, the Board of Commissioners, may after adoption of this ordinance direct the Inspection Department to make periodic inspections, subject to the Board of Commissioners' directions, for unsafe, unsanitary, or otherwise hazardous and unlawful conditions in buildings or structures within its territorial jurisdiction when there is reasonable cause to believe that unsafe, unsanitary or otherwise hazardous or unlawful conditions may exist in a residential building or structure. For the purposes of this ordinance the term "reasonable  cause" is defined consistent with NC General Statutes 153A-364.  BE IT FURTHER RESOLVED the County Manager is authorized to enforce said provisions of  this ordinance and make necessary notifications in the matter.  1    DRAFT  AN ORDINANCE ESTABLISHING MINIMUM HOUSING STANDARDS  STANLY COUNTY, NORTH CAROLINA TABLE OF CONTENTS  SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION  I II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII XIX XX XXI XXII XIII XXIV XXV  PURPOSE JURISDICTION DEFINITIONS  MINIMUM STANDARDS OF FITNESS FOR DWELLINGS AND DWELLING UNITS, AND MANUFACTURED HOMES MINIMUM STANDARDS OF FOR STRUCTURAL CONDITION MINIMUM STANDARDS FOR BASIC PLUMBING, HEATING, AND ELECTRICAL EQUIPMENT AND FACILITIES MINIMUM STANDARDS FOR VENTILATION MINIMUM STANDARDS FOR SPACE, USE AND LOCATION MINIMUM STANDARDS FOR SAFE AND SANITARY MAINTENANCE MINIMUM STANDARDS FOR CONTROL OF INSECTS, RODENTS, MINIMUM STANDARDS APPLICABLE TO ROOMING HOUSES RESPONSIBILITIES OF OWNER AND OCCUPANTS SMOKE DETECTION SYSTEM POWERS AND DUTIES OF THE HOUSING INSPECTOR HOUSING APPEAL BOARD INSPECTIONS; DUTIES OF OWNERS AND OCCUPANTS PROCEDURE FOR ENFORCEMENT METHODS OF SERVICE OF COMPLAINTS AND ORDERS APPEALS FROM ORDERS OF THE INSPECTOR ALTERNATE REMEDIES CONFLICT WITH OTHER PROVISIONS VIOLATIONS; PENALTY AMENDMENT PROCEDURE SEVERABILITY EFFECTIVE DATE  AND INFESTATIONS  2    DRAFT  AN ORDINANCE ESTABLISHING MINIMUM HOUSING STANDARDS  AND HIGH GRASS  STANLY COUNTY, NORTH CAROLINA  SECTIONIPURPOSE  Pursuant to G.S. 153A-121, the Stanly County Board of Commissioners declares that there currently exists in Stanly County dwellings which are unfit for human habitation. These conditions exist due to dilapidation; defects increasing the hazards of fire, accidents and other calamities; lack of ventilation, light and sanitary facilities; and other conditions rendering such dwellings unsafe, unsanitary, dangerous, and detrimental to the health, safety, and welfare, of the residents of Stanly In order to protect the health, safety and welfare of the residents of Stanly County as authorized by Article 19, Chapter 153A of the General Statutes, it is the purpose of this ordinance to establish minimum standards of fitness for the initial and continued occupancy ofall buildings used for human  County.  habitation, as expressly authorized by G.S. 153A-364.  SECTIONIIJURISDICTION  On or after January 1, 2013, these regulations shall govern all residential structures, as defined by the ordinance, within Stanly County and outside the corporate limits. However, this ordinance may also regulate territory within the corporate limits of any municipality whose governing body, by resolution, agrees to such regulation, provided that any such municipal governing body, upon one (1) year written notice, may withdraw its approval of the Minimum Housing Standards and those  regulations shall have no furthereffect within the municipality.  SECTION III DEFINITIONS  The Following definitions shall apply in the interpretation and enforcement of this ordinance: Appliance shall mean that equipment used for cooking or heating which is hardwired or permanently installed to the dwelling and is considered as real property instead of personal property. Basement/Cellar shall mean a portion of a dwelling which is located at least 50% underground, having direct access to light and air from windows above the level of the adjoining ground. Deteriorated shall mean that dwelling may be unfit for human habitation and can be repaired, altered, or improved to comply with all oft the minimum standards established by this ordinance at a cost not in excess of fifty percent (50%) of its value, as determined by the findings of the Housing Dilapidated shall mean that a dwelling is unfit for human habitation and cannot be improved,  Inspector.  3    DRAFT  repaired, or altered to comply with all of the minimum standards established by this ordinance except at a cost in excess off fifty percent (50%) ofi its value, as estimated by the Housing Inspector. Dwelling shall mean any building, structure, Manufactured or mobile homes or part thereof, which is wholly or partly used or intended to be used for living, sleeping, or habitation by human occupants and including any accessories and structure and appurtenances belonging thereto or usually enjoyed therewith. Temporary housing, as hereinafter defined, shall not be regarded as a dwelling. The term shall include within its meaning the terms rooming house and rooming unit, as Dwelling Unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit used or intended to be used for living, sleeping, or habitation by human Extermination shall mean the control and elimination of insects, rodents or other pests by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination method approved by Garbage shall mean the waste resulting from the handling, preparation, cooking and consumption of Gender Words having a masculine gender shall include the feminine and neuter gender. Habitable Room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes; excluding bathrooms, water closet compartments, laundries, Housing Board shall mean Stanly County Board of Adjustment as appointed by the Board of Housing Inspector shall mean the any person or agent appointed by the County Manager. Infestation shall mean the presence, within or around a dwelling, of any insects, rodents or other pests in such number as to constitute a menace to the health, safety or welfare of the occupants or Lessee shall mean any person or group of persons who, under agreement with the property owner, Multiple Dwellings shall mean any dwelling containing more than two dwelling units, and shall Occupant shall mean any person living, sleeping, cooking or eating in, or having actual possession  hereinafter defined.  occupants.  the Housing Inspector.  food.  heater rooms, foyers, communicating corridors, closets, and storage spaces.  Commissioners.  public.  occupies a dwelling unit for the purposes ofl living, sleeping, cooking or eating.  include, but not limited to, duplexes, apartments, etc.  4    DRAFT  ofa dwelling, dwelling unit or rooming unit.  Operator/Landlord shall mean any person who has charge, care, or control of a building, or part  thereof, in which dwelling units or rooming units are let.  Owner shall mean any person who alone, jointly, or severally with others:  a. Shall have title to any dwellings, dwelling unit or rooming unit, with or without b. Shall be a mortgagor of record for any dwelling, dwelling unit or rooming unit, or Shall have charge, care, or control of any dwelling, dwelling unit, or rooming unit, as owner, owner's agent, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the actual owner. Any such person thus representing the actual owner shall be bound to comply with the provisions oft this ordinance, and of rules and regulations adopted pursuant thereto, to the same extent asi ifhe were the owner. Party or parties in interest shall mean all persons who have interests of record in a dwelling, dwelling unit or rooming unit and persons who are in possession thereof; including, but not Person shall mean any individual, corporation, firm, partnership, association, organization, or Plumbing shall mean and include all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), sewage disposal pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machine, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines. Public Authority shall mean any officer who is in charge of any department or branch of the government of Stanly County or the State of North Carolina relating to health, fire, building  accompanying actual possession thereof, or  limited to the mortgagee. other legal entity.  regulations, or other activities concerning dwellings in Stanly County.  Residential Structure shall mean any structure or combination of structures used for human habitation, which shall include but not be limited to: conventional site-built homes, modular Rooming House shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to persons who are not husband, wife, Rooming Unit shall mean any room, or group of rooms, forming a single habitable unit used, or intended to be used, for living and sleeping, not intended for cooking or eating purposes. Rubbish shall mean non-food waste materials. The term shall include items such as: paper, rags,  homes, manufactured homes, trailers.  son, daughter, mother, father, sister, or brother of the owner or operator.  5    DRAFT  cartons, boxes, wood, excelsior rubber, leather, tree branches, yard trimmings, tin cans, metals, Supplied Facilities shall mean the sink or water basin; toilet or water closet; tub and/or shower stall Supplied shall mean paid for, furnished, or provided by, or under the control of, the owner or Temporary Housing shall mean any tent, trailer or other structure used for human shelter, which is designed to be transportable and which is not attached to the ground, to another structure, or to any Unfit for Human Habitation shall mean that conditions exist in a dwelling, dwelling unit, rooming house, or rooming unit, which do not comply with one or more ofthe minimum standards oft fitness Words having certain meaning Whenever the words "dwelling, dwelling unit, rooming house, rooming unit, premises" are used in this ordinance, they shall be construed as though they were Working Day Normal working hours and working days for the Stanly County Code Enforcement  mineral matter, glass, and dust.  inal bathroom. operator.  utilities system on the same premises for more than thirty consecutive days.  or one or more oft the requirements established by this ordinance.  followed by the words "or any part thereof."  Officer.  6    DRAFT  7    DRAFT  SECTION IV MINIMUM STANDARDS OF FITNESS FOR DWELLINGS, DWELLING Standards for dwellings, dwelling units, rooming units, and manufactured homes shall be:  UNITS, AND MANUFACTURED HOMES  Every dwelling, dwelling unit, and rooming unit used as a human habitation shall comply with the North Carolina State Building Code, as amended, and with all standards of fitness No person shall occupy, let to another for occupancy, or use as a human habitation any dwelling, dwelling unit, or rooming unit which does not comply with the minimum standards Every manufactured home used as a human habitation shall comply with the NC State Building Code, and with all regulations promulgated by the NC State Building Code Council.  for human habitation and the requirements as set forth in this ordinance.  2 3  off fitness ofhuman habitation in this ordinance.  SECTION V MINIMUM STANDARDS FOR STRUCTURAL CONDITION  The following standards shall constitute the minimum standards for structural condition ofa dwelling  or dwelling unit: 1. 2. 3. 4.  Walls, partitions or supporting members, sills, joists, rafters ,or other structural members shall not list, lean, buckle, and shall not be rotten, deteriorated, or damaged, and shall not Floors or roofs shall have adequate supporting members and strength to be in a condition Foundations, foundation walls, piers or other foundation supports shall be in a condition Steps, stairs, landings, porches, decks, balconies, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse. Any stairs or steps having four (4) or more risers shall have a hand rail. Any decks, porches, landings or balconies thirty inches (30") or more above grade shall have a guard rail. All handrails and guardrails must have intermediate rails to comply with the current North Carolina State Building Code. Adequate facilities for egress in case of fire or panic shall be provided. Sleeping rooms must have one (I) operable window or door directly to the exterior ofthe house. Interior walls and ceilings of all rooms, closets, hall ways shall be finished of suitable materials, which will, by use of reasonable household methods, promote sanitation and cleanliness, and shall be maintained in such a manner SO as to enable occupants to maintain The roof, flashing, exterior walls, floors, doors and windows exposed to the weather shall be There shall be no chimneys or part there of which are defective, deteriorated, in danger of  have holes or cracks which might admit rodents.  which would be structurally sound and safe for the purpose used. which would be structurally sound and safe for the purpose used.  5. 6.  reasonable privacy between various spaces.  7. 8. 9.  constructed and maintained sO as to be weather tight and water tight. falling, or in such conditions or location as to constitute a fire hazard. There shall be no use of the ground for floors, or wood floors on the ground.  8    DRAFT  SECTION VI  MINIMUM STANDARDS FOR BASIC PLUMBING, HEATING AND  ELECTRICAL EQUIPMENT AND FACILITIES  1.  Plumbing System  a. Each dwelling unit shall be connected, by an approved method, to a continuous potable water b. Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply oft both cold water and hot water. Water heaters shall be capable of heating water to 110 degrees Fahrenheit. All water shall be supplied through an approved All existing plumbing fixtures, water and drainage piping shall meet the standards of the North Carolina State Plumbing Code and shall be maintained in a state of good repair and in d. All existing required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in  supply and to a public sewer or other approved sewage disposal systems.  pipe distribution system connected to a potable water supply.  good working order, free of leaks and adequately protected from freezing.  a room or rooms affording privacy to the user.  2.  Heating System.  a. Central Heating Systems. Every central heating system shall be ofsufficient capacity to heat all habitable rooms, bathrooms and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of sixty-eight (68) degrees Fahrenheit measured at a point three (3) feet above the floor during ordinary winter conditions. b. Other Heating Facilities. Where a central heating system is not provided, each dwelling unit shall be provided, as a minimum, operable fixed in place heating facilities as was originally installed for the dwelling unit. Each dwelling unit shall heat at least one habitable room with an minimum temperature of sixty eight (68) degrees Fahrenheit measured three (3) feet above the floor during ordinary winter conditions. Portable heaters are not permitted as a primary source of heating. No unvented fossil fuel burning appliances shall be allowed in sleeping  areas.  3.  Electrical Systems.  a. Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles in each room, located on separate walls. Lights shall have wall switches at each entrance, connected in such manner as determined by the National Electrical Code. There shall be installed in every bathroom, water closet room, laundry room and furnace or similar room at least one (I)switched ceiling or wall type electric light fixture. Every Bathroom must have at least one (I)GFCI convenience receptacle. Every public hall and stairway in every multiple dwelling unit shall be adequately lighted by switched electric lights at all times when natural daylight is not sufficient.  9    DRAFT  C. All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the National Electrical Code.  SECTION VII 1. 2.  MINIMUM STANDARDS FOR VENTILATION  General. Every habitable room shall have at least one window or skylight facing directly to Habitable Rooms. Every habitable room shall have at least one window or sky light which can easily be opened, or such other device, such as air conditioning, as will adequately ventilate the  the outdoors unless otherwise approved by the Housing Inspector.  room, unless otherwise approved by the Housing Inspector.  3.  Bathroom and Water Closet Rooms. Every bathroom and water closet room shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an  approved ventilation system. SECTION VIII I 2 3  MINIMUM STANDARDS FOR SPACE, USE AND LOCATION  Room Size. Every dwelling unit shall contain at least the minimum room size in each  habitable room: as required by the North Carolina State Building Code.  Cellar. No cellar shall be used for living purposes. Basements. No basements shall be used for living purposes unless: a. The floor and walls are substantially watertight;  b. Every habitable room shall have at least one (I) window facing directly to the outdoors which can be easily opened. If other ventilation, approved by the Housing Inspector, is C. The window area of every habitable room shall be entirely above the grade except where the window or windows face a stairwell, window well or access way or a way is d. Bedrooms must have a direct exit door to the exterior or operable window to meet the  provided, then window(s) do not have to open.  provided to the exterior.  egress requirements oft the North Carolina State Buildingcode.  SECTION IX. 1.  MINIMUM: STANDARDS FOR SAFE. AND SAITARY MAINTENANCE  Exterior foundation, walls. and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weather tight and rodent proof; shall be kept in sound and good repair; shall be capable ofs supporting the load which normal use would cause to be placed thereon.  10    DRAFT  2.  Interior floors, walls, and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of  supporting load which normal use would cause to be placed thereon.  3.  Windows and doors. Every window, exterior door, basement, cellar door, and hatchway shall be substantially weather tight, watertight, rodent proofand shall be kept in sound working condition and good repair. All exterior doors must have an apparatus for opening and closing the door on both sides, a locking mechanism, which can be opened from both sides oft the door, and shall be kept in  sound repair. 4.  Stairs. porches, and appurtenances. Every outside and inside stair, porch, and any appurtenance thereto, shall be safe to use and capable of supporting the load that normal use would cause to be placed thereon, and shall be kept in sound condition and good repair.  5.  Bathroom floors and Walls: Every bathroom floor surface and water closet compartment floor surface and every tub and shower wall surface shall be constructed and maintained SO that they will be substantially impervious to water and will permit such surface to be easily kept in a clean and  sanitary condition. 6.  Supplied Facilities: Every supplied facility, piece of equipment of utility which is required under this ordinance shall be SO constructed or installed that it will function safely and effectively  and shall be maintained in satisfactory working condition.  7. 8. 9.  Drainage: Every yard shall be properly graded in order to obtain thorough drainage away Egress. Every dwelling unit shall be provided with adequate and unobstructed means of Tall Grass: All grass of a residential/commercial/industrial structure shall be kept no more than eighteen (18") inches in height on average in all cases. Iflot is less than one assessed acre, the entire lot shall be mowed. Assessed lots more than one acre in size shall mow all grass within fifty (50") of any residential/commercial/industrial structure and twenty feet (25') within any accessory structure and the first 50' from all adjoining property lines. Lots with no structures but located in a platted subdivision as determined by zoning officer, shall maintain grass height for the first 50' from all adjoining property lines. Any portion ofa lot, deemed by the zoning officer, to be used for a bona  from the dwelling unit and to prevent the accumulation of stagnant water.  egress (exit) as required by the NC State Building Code.  fide agricultural purpose shall not apply.  11    DRAFT  SECTION X INFESTATIONS  MINIMUM STANDARDS FOR CONTROL OF INSECTS, RODENTS AND  Screens. In every dwelling unit, for protection against mosquitoes, flies and other insects; every door opening and window or other device open to the outdoor space, used or intended for ventilation, shall be equipped with screens. Every dwelling unit which does not have a central air conditioning system shall have screens on every window opening intended to be 2 Rodent Control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents shall be equipped with screens or such other approved device as will effectively prevent their  used for ventilation.  entrance. Infestation. a.  Owners who occupy single dwelling units shall be responsible for extermination of b. - All rental properties will be reasonably free ofinsect infestations at the time of change oftenancy. The lessee shall have a period of five (5) days after occupancy to request an inspection for infestation. After five (5) days, the lessee shall be responsible to maintain the dwelling in a rodent proof or reasonably insect proof condition, extermination shall be the C. Inc cases of multiple dwelling units where infestation exists in two or more of said units or in the shared or public parts ofany dwelling units, extermination shall be the responsibility  any insects, rodents or other pests within the premises.  responsibility of the lessee. ofthe owner.  4. Garbage and Rubbish Storage and Disposal  Property owners of single dwelling units shall be responsible for providing an approved container for outdoor storage of rubbish; and to provide an approved garbage disposal Iti is the property owner's responsibility to provide for the removal and disposal of rubbish and garbage in an approved manner, except for those dwellings being leased to a second party, then the primary responsibility shall be placed on the occupant. Whenever the removal oft rubbish and garbage is not carried out by the lessee, then the responsibility shall be the Inc cases of multiple dwelling the responsibility of rubbish and garbage removal will be that  facility.  owner's. oft the owner.  12    DRAFT  SECTION XI MINIMUM STANDARDS APPLICABLETO ROOMING HOUSES All the provisions of this ordinance, and all of the minimum standards and requirements of this ordinance, shall be applicable to rooming houses, and to every person who operates a rooming house, or who occupies or lets to another for occupancy any rooming unit in any rooming house, except as  provided int the following paragraphs.  1.  Water Closet, Hand Lavatory and Bath Facilities. At least one (1) water closet, lavatory basin and bathtub or shower, properly connected to an approved water and sewer system and in good working condition shall be supplied for each four (4) rooms within a rooming house wherever these facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall not be more that one (I) story removed from any ofthe persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar. Minimum Floor Areas. Every room occupied for sleeping purposes by one (I) occupant shall have the minimum floor space as required by the North Carolina State Building Sanitary Conditions. The operator of every rooming house shall be responsible for the sanitary maintenance ofa all walls, floors, and ceilings, and for the sanitary maintenance of every other part of the rooming house. The operator shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the operator.  2.  Codes.  3.  4.  Sanitary Facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by paragraph one (1) of this Section shall be located within the rooming house and within a room or rooms which afford privacy, are separate from the habitable rooms, are accessible from a common hall, and are accessible without going outside the rooming  house or through any other room therein.  13    DRAFT  SECTION XII RESPONSIBILITIES OF OWNER AND OCCUPANTS  I.Its shall be the responsibility of the owner or contractor to obtain proper building permits and After an inspection of a dwelling in which any or all of the below emergency situations exist, the owner shall repair and correct any substandard item within forty eight (48) hours of the building  comply with North Carolina State licensing laws and regulations.  2.  Safety:  being inspected and notification ofv violation being given:  a. b. C. d. e. dangerous;  Repair any broken, burst, frozen or inoperable plumbing pipe or fixtures (water or sewer); Repair or replace any unsafe and/or dangerous cookinga appliances, provide by the owner; Repair or replace above ground fuel storage tanks and/or leaking, improperly supported or  Repair any exposed or unsafe electrical wiring; Repair, replace or install heating equipment;  Upon discovery of any of the above emergency situations, the housing inspector shall provide notification to the owner oft the dwelling to correct or repair the emergency situation, as listed above, within a forty-eight (48) hour period after notification oft the violation. Notice of violation shall be in A. Posting of the dwelling, showing the emergency situation(s) to be corrected and specified B. Notification of the owner by certified mail of the violation with the specified time period in which to have the problem corrected. Notification to the property owner shall be deemed to  any two oft the following forms:  time limit in which repairs are to be corrected. be twenty four (24) hours after depositing the letter. C.N Notification by telephone, fax or other method.  Should the emergency situation not be corrected by the owner within the forty-eight (48) hour period after notification, then the housing inspector shall take action to have the emergency situation corrected to bring the dwelling into compliance with this ordinance pursuant to 153A-140 or other During periods of declared natural disasters, defined as hurricanes, tornados, floods, earthquakes,  appropriate remedy.  forest fires, and other similar acts of God, this provision shall be suspended.  Public Areas. Every owner ofa dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the 2 Cleanliness. Every dwelling or dwelling unit shall be delivered in a clean and sanitary condition, and every occupant shall keep that part oft the dwelling, dwelling unit and premises  dwelling and premises thereof.  which he/she occupies and controls in a similar manner.  14    DRAFT  3 Rubbish and Garbage Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner by, within seven (7) days, placing it in the supplied storage facilities. In all cases, the owner shall be responsible for the availability 4 Supplied Plumbing Fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the 5 Care of Facilities, and Equipment and Structure. No occupant shall willfully destroy, deface, or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit. Willful destruction of the premises by the occupant shall be deemed legal  ofrubbish and garbage storage facilities.  exercise oft reasonable care in the proper use and operation ofs same.  grounds for eviction and other legal remedies. SECTION XIII SMOKE DETECTION SYSTEM  All residential units, which have been ordered by the Housing Inspector to be repaired and to conform to the minimum standards set forth in this ordinance, shall have an automatic smoke detection systems installed to conform to the standards in the North Carolina State Building Code. This section shall not apply to residential units that are not under direct order of the Housing  Inspector to be repaired.  SECTION XIV POWERS AND DUTIES OF THE HOUSING INSPECTOR  The County Manager Designee is hereby designated as the Housing Inspector, the officer to enforce the provisions oft this ordinance and to exercise the duties and powers herein prescribed. The Housing 1. To investigate housing conditions and to inspect dwellings and dwelling units located in the County to determine which dwellings and dwelling units are unfit for human habitation and/or  Inspector shall have the following powers and duties:  violate this ordinance, and to carry out the objectives oft this ordinance; toe effect rehabilitation of housing which is deteriorated, and/or dilapidated; all those dwellings inspected and not in compliance with the inspector'sr report;  2. 3.  To take such action, together with other appropriate departments and agencies, as necessary To keep a record of the results of inspections made under this ordinance, including a list of  4. To enter upon premises for the purpose of making examinations and inspections; provided, such entries shall be made in accordance with this Ordinance and State Law, and shall be made in such a manner as to cause the least possible inconvenience to the persons in possession;  5.  To appoint and affix, upon approval of the County Manager, the duties of such officers, agents, and employees as the Housing Inspector deems necessary to assist in carrying out the purposes of this ordinance, and to delegate any of his functions and powers to such officers, agents,  and employees;  15    DRAFT  16    DRAFT  6.  Notification of property owners by the Housing Inspector:  a. Upon discovery of any emergency situations listed in Section XII of this ordinance, the housing inspector shall provide notification to the owner oft the dwelling to correct or repair the emergency situation, as listed above, within a forty-eight (48) hour period after notification oft the violation. Notice of violation shall be any two (2)ofthe following forms: Posting of the dwelling, showing the emergency situation(s) to be corrected and specified Notification of the owner by certified mail oft the violation with the specified time period in which to have the problem corrected. Notification to the property owner shall be deemed to  time limit in which repairs are to be corrected. be twenty-four (24) hours after depositing the letter. Notification by telephone, fax or other method.  b. Upon receipt of a complaint or request for inspection in non emergency situations, the housing inspector shall notify the property owner and/or tenant in the following manner: The Housing Inspector shall contact both the owner and the tenant advising that a complaint The Housing Inspector shall also advise that the dwelling will be inspected seven (7) days after the complaint is filed, if no earlier time is agreed upon, and advise that the owner may be present during the inspection. Also, that if the owner or tenant wishes to reschedule the inspection, they may negotiate a specific inspection time with the inspector. The Housing Inspector shall also notify the tenant of the specific date of the inspection, in a C. Ifthe house to be inspected is owner occupied, then the Inspector shall advise the owner, at the time of the seven (7) day notice, of their constitutional rights to refuse entry to the To perform such other duties as may be prescribed herein or by the Board of County  or report had been filed with the inspector;  similar manner to the owner notification.  Inspector. Commissioners.  7.  17    DRAFT  SECTION XV HOUSING APPEAL BOARD  The Housing Appeal Board shall review all appeals from property owners relating to orders given by the Housing Inspector. The Housing Appeal Board shall consist of seven (7) sitting members of the Stanly County Board of Adjustment as appointed by the Stanly County Board of Commissioners. Their Rules of Procedure apply. The Board shall perform the duties prescribed by Section XIX and  shall keep an accurate record ofall ofits proceedings.  SECTION XVI INSPECTIONS; DUTIES OF OWNERS AND OCCUPANTS  For the purposes of making inspections, the Inspector is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming houses, rooming units, and the premises associated therewith. The owner or occupant of every dwelling, dwelling unit, rooming house, rooming unit, or person in charge thereof, will allow entry at all reasonable times for the purposes ofs such inspection, examination and survey. Ifthe house to be inspected is owner occupied, then the Inspector shall advise the owner, at the time of the seven (7) day notice, oft their constitutional rights to refuse entry to the Inspector. 2 Every occupant of a dwelling, dwelling unit, rooming house, or rooming unit shall give the owner thereof, or his agent or employee, access to any part ofs such dwelling or dwelling unit and its premises at all reasonable times for the purpose ofmaking such repairs or alterations necessary to effect compliance with provisions of this ordnance or with any lawful order  issued pursuant to the provisions oft this ordinance.  18    DRAFT  SECTION XVII I.  PROCEDURE FOR ENFORCEMENT  When ever a written petition is filed with the housing inspector by a public authority or by at least five citizens of five different households of the County charging that any dwelling is unfit for human habitation or whenever it appears to the housing inspector (on his own motion) that any dwelling is unfit for human habitation, the housing inspector shall, ifhis preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in  interest in such dwellings a complaint stating the charges in that respect and: designated agent) at a place within the county in which the property is located and,  E  A. containing a notice that a hearing will be held before the housing inspector(or his B. set not less than 10 days nor more than 30 days after the serving of the complaint; C.t that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear inj person, or otherwise, and give testimony at the place and time fixed in the  complaint; and C - 2.  D. that the rules of evidence prevailing in courts of law or equity shall not be controlling in If after notice and hearing, the housing inspector determines that the dwelling under consideration is unfit for human habitation; he shall state in writing his findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order;  hearings before the housing inspector.  a) Ifthe repair, alteration or improvement of the dwelling can be made at less than 50% of the value as estimated by the inspector, the owner is required, within the time specified, to repair, alter or improve the dwelling in order to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or Ifthe repair, alteration or improvement oft the dwelling cannot be made at 50% or less of its value as estimated by the inspector, requiring the owner, within the time specified in the order, to remove or demolish such dwelling. However, not withstanding any other provision of law, if the dwelling is located in a historic district and the Historic District Commission determines, after a public hearing as provided by ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed  b) c)  consistent with G.S. 160A, Part 3C.  3.  Ift the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the housing inspector may cause the dwelling to be repaired, altered or improved or to be vacated and closed; and the housing inspector may cause to be posted on the main entrance ofa any dwelling SO closed, a placard with the following words: "This building is unfit for human habitation; the use or occupation ofthis building for human habitation is prohibited and unlawful." Occupation  ofa building SO posted shall constitute a Class 1 misdemeanor.  19    DRAFT  4. Ifthe owner fails to comply with an order to remove or demolish the dwelling, the housing inspector may cause such dwelling to be removed or demolished. The duties oft the housing inspector set forth in subdivisions (3) and (4) shall not be exercised until the governing body shall have by ordinance ordered the housing inspector to proceed to effectuate the purpose of this ordinance with respect to the particular property or properties which the housing inspector shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. This ordinance shall be recorded in the office of the register of deeds in the county where the property or properties are located and shall be indexedi in the name oft the property owner in the grantor index. 5. Ifthe governing body has adopted an ordinance, or the housing inspector has:  a. b. C.  issued an order, ordering a dwelling to be repaired or vacated and closed, as provided in if the owner has vacated and closed such dwelling and kept such dwelling vacated and 1. that the owner has abandoned the intent and purpose to repair, alter or improve the 2. that the continuation ofthe dwelling in its vacated and closed status would be inimical to  subdivision (2)a, and  closed for a period ofo one year pursuant to the ordinance or order; dwelling in order to render it fit for human habitation, and the health, safety, morals and welfare ofthe municipality in that: the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities,  then if the governing body shall find:  would cause or contribute to blight and the deterioration of property values in the would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this then in such circumstances, the Board ofCommissioners may, after the expiration ofs such one year period, enact an ordinance and serve such ordinance on the owner, setting forth 1. Ifit is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding fifty percent (50%) of the then current value of the dwelling as estimated by the Inspector, the ordinance shall require that the owner either repair or demolish and remove the dwelling within 90 days; or 2. Ifitis determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding fifty percent (50%)ofthe then current value of the dwelling as estimated by the Inspector, the ordinance shall require the owner to This ordinance shall be recorded with the Stanly County Register of Deeds and shall be indexed in the name of the property owner in the grantor index. If the owner fails to  area, and State. the following:  d.  demolish and remove the dwelling within 90 days.  e.  20    DRAFT  comply with this ordinance, the housing inspector shall effectuate the purpose of the That the amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the housing inspector shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in N.C. 160A Article 10. Ifthe dwelling is removed or demolished by the housing inspector, he shall sell the materials ofthe dwelling, and any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the housing inspector, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled there to by final order or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of the County to define and declare nuisances and to cause their removal or abatement by summary  ordinance.  proceedings, or otherwise.  2  Ifany occupant fails to comply with an order to vacate a dwelling, the housing inspector may file a civil action in the name of the County to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying such dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date and place not to exceed 10 days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. 42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if at the hearing the housing inspector produces a certified copy of an ordinance adopted by the Board of Commissioners pursuant tos subdivision (4) authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. 42-30. An appeal from any. judgment entered hereunder by the magistrate may be taken as provided in G.S. 7A-228, and the execution of such judgment may be stayed as provided in G.S. 7A-227. An action to remove an occupant ofa dwelling who is a tenant of the owner may not be in the nature ofa summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the Board of Commissioners ordered the housing inspector to proceed to exercise his duties under subdivisions (3) and (4) of this section to vacate and close or remove and demolish the  dwelling. 3  That whenever a determination is made pursuant to subdivision (2) ofthis section that a dwelling must be vacated and closed, or removed or demolished, under the provisions of this section, notice oft the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the housing inspector, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The housing inspector or clerk shall certify the mailing of the notices, and the certification shall be conclusive in the absence of fraud.  21    DRAFT  Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the housing  inspector to wait 45days before causing removal or demolition.  22    DRAFT  SECTION XVIII METHODS OF SERVICE OF COMPLAINTS AND ORDERS Complaints or orders issued by the Inspector shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten (10) days after mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected. If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the Inspector in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by certified mail, the Inspector shall make an affidavit to that effect, then the serving of the complaint or order upon the owners or other persons may be made by publication in a newspaper having general circulation in Stanly County at least once no later than the time at which personal service would be required under the ordinance. Where service is made by publication, a notice of the pending proceedings shall be  posted in a conspicuous place on the premises affected by the complaint or order. SECTION XIX APPEALS FROM ORDERS OF THE INSPECTOR  An appeal from any decision or order oft the Inspector may be taken by any person aggrieved thereby or by any officer, board or commission oft the County. Any appeal from the Inspector shall be taken within ten (10) days from the rendering of the decision or service of the order, by filing with the Inspector and with the Housing Board a notice ofa appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the Board all the papers constituting the record from which the appealed decision was made. When the appeal is from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When an appeal is from a decision of the Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Housing Board, unless the Inspector certifies to the Board, after the notice of appeal is filed with him, that by reason of the facts stated in the certification, (a copy of which shall be furnished the person who is appealing), a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by restraining order, for due cause shown upon not less than one (1) day written notice to the Inspector, by the Board, or by a court of record upon petition made pursuant to G.S.  160A-446(5)  The Housing Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all parties, and shall render its decision within a reasonable time. Any party may appear in person, by agent, attorney. The Board may reverse or affirm, wholly, partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to this end shall have all the powers of the Inspector. The concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Inspector. The Board shall have power also in passing upon appeals, in the case where there are practical difficulties or unnecessary hardships in a way of carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the  23    DRAFT  spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice Every decision of the Housing Board shall be subject to review by the proceedings in the nature of certiorari instituted within fifteen (15) days ofthe decision oft the Board, but not otherwise. Petition to Superior Court by Owner. Any person aggrieved by an order by the Inspector or a decision rendered by the Housing Board shall have the right, within thirty (30) working days after issuance of the order or rendering of the decision, to petition the Superior Court for an injunction restraining the Inspector from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the Inspector pending a final disposition of the  done.  cause, as provided by G.S. 160A-446. SECTION XX ALTERNATE REMEDIES  Neither this ordinance nor any ofi its provisions shall be construed to impair or limit in any way the power of Stanly County to define and declare nuisances and to cause this ordinance by criminal process as authorized by G.S. 14-4 and Section XIII of this ordinance, and the enforcement of any remedy provided herein shall not prevent the enforcement ofa any other remedy or remedies provided herein or in other ordinance or laws. Pursuant to the NC General Statute 153A-123, a civil penalty  may be imposed by the Board ofCommissioners.  SECTION XXI CONFLICT WITH OTHER PROVISIONS  In the event any provision, standard, or requirement of this ordinance is found to be in conflict with any provision of any other ordinance or code of Stanly County, the provision which established the higher standard or more stringent requirement for the promotion and protection of the health and  safety of the residents of Stanly County shall prevail. SECTION XXII VIOLATIONS; PENALTY  1.  Its shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse tor repair, alter, or improve the same, or to vacate and close and remove the same, or to vacate and close and remove or demolish and remove the same, upon order of the Inspector duly made and served as herein provided, within the time specified in such order. Each day that any such failure, neglect, or refusal to comply with such order continues shall constitute a separate and distinct  offense. 2.  Its shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to Section XVII oft this ordinance, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration or improvement or vacating the premises and closing. Each day that such occupancy continues after such prescribed  time shall constitute a separate and distinct offense. misdemeanor, as provided by G.S. 14-4.  3.  The violation of any provision of any provision of this ordinance shall constitute a Class 3  24    DRAFT  4.  In addition to the penalty established by subsection (3) above, and the remedies provided by other provisions of this ordinance, this ordinance may been forced by an appropriate equitable  remedy issued by a court or competent jurisdiction.  5.  The initial citation for each violation shall be $50.00. The issuance ofa second citation for any violation that has not been corrected shall be in the amount of $200.00 upon the date ofissuance, $500.00 for the third citation and $500.00 thereafter. Any unpaid citations and delinquency charges shall be cumulative, and shall subject the violator to a possible civil penalty to be recovered in a civil action in the nature of debt. The citations may be delivered in person to the violator(s) or, the citation may be mailed, certified return receipt requested. The citations shall direct the violator to make payment at the Stanly County Planning Department within fifteen (15) days of the date of the citation or alternatively pay the citation by mail. Ifthe violator does not make such payment or does not mail the citation and payment within fifteen (15) days from the date ofi issuance, a delinquency charge of ten dollars ($10.00) shall be added to the amount shown on the citation or criminal summons may be filed ift the citation and delinquency charge is not paid within fifteen (15) days from the date of the delinquency. Further, the citation shall state that the violation is a continuing  violation, and additional citations may be issued.  SECTION XXIII AMENDMENT PROCEDURE  The Board of Commissioners may from time to time amend the terms of this ordinance, but no amendment shall become effective unless it shall have been proposed by or shall be been submitted tot the Housing Board for review and recommendation. The Housing Board shall have sixty (60) days from the time the proposed amendment is submitted within which to submit its report. Ifthe Housing Board fails to submit a report within a specified time, it shall be deemed to have been recommended for approval. No amendment shall be adopted by the governing body until they have held a public hearing on the amendment. Notice of the hearing shall be published in a newspaper of general circulation in the Stanly County area at least once a week for two (2) successive calendar weeks prior to the hearing. The initial notice shall appear not more than twenty five (25) nor less than fifteen (15) days prior to the hearing date. In computing the fifteen (15) - twenty-five (25) day period, the date of  publication is not to be counted, but the date oft the hearing is.  25    DRAFT  SECTION XXIV SEVERABILITY  Ifany provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, independent provision thereof, and to that end, the provisions oft this ordinance are hereby declared to be severable.  SECTION XXV EFFECTIVE DATE  This ordinance shall be effective upon adoption by the Stanly County Board of Commissioners. I,TYLER BRUMMITT, Clerk to the Board ofCommissioners of Stanly County, North Carolina, hereby certify that the foregoing is a true and correct copy oft the MINIMUM HOUSING STANDARDS ORDINANCE, adopted by the Board of Commissioners at a regular meeting held on  XXXXXXX XX,2012.  Tyler Brummitt, Clerk  Stanly County Board of Commissioners (SEAL)  True to Form  Stanly County Attorney  26    Stanly County Board of Commissioners  STANIN Meeting Date: September 4, 2012  Presenter: Andy Lucas  IDA  COUNY  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern VCR Lectern DVD JI Document Camera** Laptop*** *F PCise equipped with Windows XP and Microsoft Office XP (including Word, Excel, and PowerPoint), Internet connectivity and Network connectivity **I Ify youl have need to uset the Document Camera and zoom into: a particular area, ifp possible please attacha a copy oft the document with the: area indicated  Please Provide al BriefI Description of your Presentations format: that you need toz zoomi into. Al laser lighti is available to pinpoint your area ofp projection. *** You can bring ins a laptop that will allow video out to bec connected at the lectern- set display to 60Mhz.  for County Employees.  ITEMT TO BE CONSIDERED  APPOINTMENTS TO THE COMMUNITY OVERSIGHT BOARDS FOR CARDINAL INNOVATIONS  HEALTHCARE SOLUTIONS  Please see the attached information concerning the requested: appointments to the Community  Oversight Boards.  Request the Board appoint the following members for the Community Oversight Boards:  Commissioner or designee disabilities Community stakeholder  Family member of a person with mental illness, addiction or ntelectualdcvelopmenta  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified tol be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment: Necessary  Tyler Brummitt, Clerk to the Board  Date    CARDINAL INNOVATIONS HEALTHCARE SOLUTIONS (FORMERLY PIEDMONT BEHAVIORAL HEALTHCARE BOARD)  COMMUNITY OVERSIGHT BOARDS  Please refer to the "Joint Resolution of the Boards of County Commissioners of Alamance, Cabarrus, Caswell, Chatham, Davidson, Franklin, Granville, Halifax, Orange, Person, Rowan, Stanly, Union, Vance and' Warren Counties" approved by the Board on April 16, 2012 to establish Cardinal Innovations for the terms and membership information.  G.S.  122-35.18-23A, Article C  Local Resolution:  Joint resolution of Cabarrus, Stanly and Union counties establishing Piedmont Area Mental Health Program, April 1974; Recorded in  Minute Book 11, pp. 471-475 April 1, 1974  Date Established:  Meeting Schedule: Third Thursday night of each month except February. The Board does  not meet in. July, August and December.  Members: Terms:  15  3 years - The terms of office of county commissioners shall be concurrent with their respective terms of office. The terms of the other members on the area board shall be for three (3) years beginning  onJ July 1and ending June 30th.  Special Provisions: Five members from each of the three (3) counties, to include:  (A) At least one commissioner from each county, (B). At least two (2) persons licensed to practice medicine in NC, (C) At least one (1) representative from professional fields of psychology, social work, nursing, or religion, (D) At least three (3) representatives from local citizens organizations that are active in mental health, mental health retardation, alcoholism, or drug dependence (E). At least one representative from local hospitals or area planning (F) At lease one attorney practicing in NC  organizations,  Method of Appt: Each Board of County Commissioners within the area shall appoint one  commissioner as a member of the Area Mental Health Board. The commissioner member sO selected shall appoint the other members of    the Mental Health Board.  Conditions for Area Board Membership:  A. All area board members shall be residents of either Cabarrus, Rowan, Stanly, or Union counties. Ifa any board member moves his legal residence from said counties, his membership shall automatically B. No employee, consultant, or person otherwise employed or reimbursed by the Area Authority shall be eligible for Area Board The Board shall elect its own chairman and may elect one or more vice  terminate. membership.  Officers:  chairmen and a secretary.  MEMBERS Josh Morton P.O. Box 267 Albemarle, NC: 28002 Dr. Leonard Saltzman Albemarle, NC Dale Poplin 1402 Heritage Court Albemarle, NC: 28001 Barbara Whitley 1200 Heritage Drive Albemarle, NC 28001 Partnership for Children  INITALAPPOINTMENT Commissioner  TERM EXPIRES Term of Office  2008  6/30/12  317 Yadkin Street (Not reappted due to Cardinal Innovations resolution allowing for 3  members per county = see resolution approved 4/16/12)  2009  6/30/15  2004  6/30/14 2mterm  PBH Clerk: Pamela Campbell 245 LePhillip Court NE Concord, NC 28025    Corporate Office 4855 Milestone Avenue Kannapolis, NC 28081 Tel: 704-939-7700 rwapbhsolutionsorg  pbH  Creating solutions, One person at a time.  July 31, 2012 Tyler Brummitt Clerk to the Board 1000 N First Street Suite 10 Albemarle, NC: 28001 Dear Ms. Brummitt;  Stanly County Board of Commissioners  Attached is a copy oft the. Joint Resolution of the Boards of County Commissioners signed by each The resolution calls fore each county to appoint the following members for the Community Oversight Family member ofap person with mental illness, addiction, oril Intelectua/deveopment. Community Stakeholder (this can be a private citizen, or someone from an agency) Please submit individual appointment letters for each person chosen to serve on the Community Oversight Board. We are requesting that members be appointed no later than October 1, 2012. The Executive Director from the Community Operations Center listed below, will be available to assist in  county int the Cardinal Innovations Healthcare Solutions catchment area.  Boards:  Commissioner or designee disabilities  recommending potential appointees that meet the above requirements.  Piedmont Community Operations Center: Anna Yon, Executive Director 245 LePhillip Court Concord, NC 28025 Phone: 704-721-7113  We appreciate the: support of Stanly County. Stanly County's support has benefited our efforts in managing a system of care for children and adults with mental health, developmental disabilities and  substance abuse disorders.  NCQA FUL    Ify you have any questions or iflcan be off further assistance, please feel free to contact me at  (704)939-7712 or via email at mcmatPsisltmeA  Sincerely,  Pamela A Campbell Board Clerk  XEmNepall  Cardinal Innovations Healthcare Solutions  Enclosure  (NCQA) FULL    JOINT RESOLUTION  OF' THE BOARDS OF COUNTY COMMISSIONERS OF ALAMANCE, CABARRUS, CASWELL, CHATHAM, DAVIDSON, FRANKLIN, GRANVILLE, HALIFAX, ORANGE, PERSON, ROWAN, STANLY, UNION, VANCE. AND WARREN COUNTIES  WHEREAS, the Boards ofCounty Commissioners of Alamance, Cabarrus, Caswell, Chatham, Davidson, Franklin, Granville, Halifax, Orange, Person, Rowan, Stanly, Union, Vance and Warren Counties previously resolved to be separately served  by the Five County, OPC, and! PBH Area Authorities;  WHEREAS, the State ofNorth Carolina passed Session Law 2011-264, which requires statewide expansion of the 1915(b)/(c) Medicaid Waiver to be managed by Area  Authorities operating as Managed Care Organizations;  WHEREAS, thel North Carolina General Assembly is currently addressing the governance needs of Area Authorities operating as Managed Care Organizations through al Health and Human Services Subcommittee on LME Governance, and intends to pass  governance legislation in the 2012 legislative short session;  WHEREAS, the Boards of County Commissioners of Alamance, Cabarrus, Caswell, Chatham, Davidson, Franklin, Granville, Halifax, Orange, Person, Rowan, Stanly, Union, Vance and Warren Counties now desire to be served by a single Area Authority operating as a Managed Care Organization with a governance structure that will function under existing law, as well as under the new governance legislation; NOW, THEREFORE, BE ITRESOLVED. JOINTLY as follows:  Section 1. Resolution and Purpose  Itisi in the interest oft the public health and welfare to create an Area Authority to operate North Carolina's 1915(b)/(c). Medicaid Waiver as a Managed Care Organization and to manage all public resources that may become available for mental health, intellectual and developmental disabilities, and substance abuse services, including federal block grant funds, federal funding for Medicaid and Health Choice, and all other  public funding sources.  Section 2. Establishment ofCardinal Innovations Healthcare Solutions There is hereby created and established pursuant to G.S. 122C-115(c) an Area Authority known as Cardinal Innovations Healthcare Solutions ("Cardinal Innovations"). Pursuant to the 1915(b)/(c) Medicaid Waiver and 42 C.F.R. 438.2, Cardinal Innovations Healthcare Solutions shall operate as a Managed Care Organization and Prepaid Inpatient Health Plan. Cardinal Innovations shall include the Alamance-Caswell, Five County,  OPC, and Piedmont Community Operations Centers.    Section3. Governance  There is hereby created and established pursuant to G.S. 122C-118.1 an Area Board, which shall be the governing unit of Cardinal Innovations. The Area Board shall be comprised ofa single Governing Board and Community' Oversight Boards, one: for each Community Operations Center. The appointment of members to the Governing Board and Community Oversight Boards shall be in accordance with bylaws set forth for such purpose and may be amended as necessary or convenient to comply with changes in state or federal law or to carry out the functions, powers, duties, and responsibilities contained in this Joint Resolution. Due to the complexity of operations, financial risk, and responsibility for public funding the Governing Board must be highly functional in order to ensure accountability to funders, the financial solvency ofCardinal Innovations, compliance with state and federal laws and regulations including quality standards, and a service delivery system that is customized for localities and which provides access and choice for citizens in need oft mental health, intellectual and developmental disabilities, (1) Membership oft the Governing Board shall be comprised ofai mix of individuals with the necessary expertise to govern large Managed Care Organizations and individuals who represent the constituencies Cardinal Innovations serves. Membership Commissioners serving on Community Oversight Boards (defined below), selected by the Governing Board, based on diversity of geographic representation; Advisory Committee, either the Chair or other elected member;  substance abuse and related services.  willl be as follows:  (a) Two (2) at-large County Commissioners from among the County (b) One (1) member from the Regional Consumer and Family (c) Six (6) members, selected by the Governing Board, with  professional experience and expertise in healthcare, insurance, finance, health/behavioral health, melctualdevelopmena. disabilities, and aj physician or other clinical professional, and noi more than two members from any single specialty area; and  (d) One (1) member from each Community Oversight Board, either (e) Except for members appointed by the Community Oversight  the Chair or other elected member.  Boards and the Regional Consumer and Family Advisory Committee, the initial members ofthe Governing Board shall be nominated by the PBH Board, with consultation from the Boards of] Five County and OPC Area Authorities, and affirmed by the Secretary of (2) The Governing Board's primary responsibilities will include determining policy; strategic planning, including consideration ofl local priorities as determined by the Community Oversight Boards; budgets; hiring and evaluations oft the ChiefExecutive Officer; monitoring of deliverables, including overall performance and financial management; government affairs and advocacy; reporting to constituent counties; responding to concerns and feedback from the Community Oversight Boards; and (3) Thel bylaws of the Governing Board shall establish Community Oversight Boards, one for each Community Operations Center, which shall ensure involvement of local stakeholders, promote understanding and collaboration at thel local level, and monitor the performance of each Community Operations Center. Membership oft the  the North Carolina Department ofH Health and Human Services.  ensuring the overall health of Cardinal Innovations.  Community Oversight Boards will be as follows:    (a) Three (3) members from each County, appointed by each County's (b) One (1) member from the Local Consumer and Family Advisory (4) Each Community Oversight Board's primary responsibilities will include advising the CEO on the evaluation and hiring oft the Community Operations Center Executive Director; recommending priorities for expenditure ofs state and county funds for development oft the annual budget; determining local priorities fori inclusion in the overall strategic plan; identifying community needs and concerns; monitoring resolution ofissues; and monitoring performance at the local level, including access to care, expenditure ofs service funds, number of consumers served, services delivered, provider network size and composition, outcomes, and consumer satisfaction. (5) Each Community Oversight Board will establish its own bylaws based on local needs, but in compliance with standardized requirements established by the Governing Board for quorums, frequency ofn meetings, elections of officers, duties of members, committees and committee appointments, and attendance standards. Such  Board of Commissioners, and will include a County Commissioner or designee, a consumer or family member, and another citizen or stakeholder; and Committee, either the Chair or other elected member.  bylaws are subject to the approval oft the Governing Board.  Section 4. Functions  Cardinal Innovations shall perform all the functions necessary to carry out the purposes ofthis. Joint Resolution, including, but not limited to, the following: (1) To establish accountability for the planning, development, and management ofl local systems that ensure access to care, quality of services, and the availability and delivery ofnecessary services, for individuals ini need ofmental health, intellectual and developmental disabilities, substance abuse, and related services; (2) To operate the 1915(b)/(c) Medicaid Waiver, aj proven system for the management ofi mental health, intellectual and developmental disabilities, and substance (3) To manage state funded services for mental health, intellectual and developmental disabilities, and substance abuse services, including federal block grant (4) To manage all other resources that are or become available for mental health, intellectual and developmental disabilities, and substance abuse services; (5) To use managed care strategies, including care coordination and utilization management, to reduce the trend of escalating costs in the State Medicaid program while ensuring medically necessary care, and to deploy a system for the allocation of resources based on the reliable assessment ofr medical necessity, functional status and intensity of need. These strategies shall efficiently direct individuals to appropriate services and shall ensure they receive no more and no less than the amount of services determined to be (6) To maintain al local presence in order to respond to the unique needs and (7) To ensure communication with consumers, families, providers, and stakeholders regarding disability-specific and general 1915(b)/(c) Medicaid Waiver operations by implementing a process for feedback and exchange ofinformation and  abuse services; funds;  medically necessary at the appropriate funding level;  priorities ofl localities;  ideas;    (8) To establish and maintain systems for ongoing communication and coordination regarding the care ofindividuals with mental illness, intellectual and developmental disabilities, and substance abuse disorders with other organized systems such as local Departments of Social Services, Community Care of North Carolina, hospitals, school systems, the Department of] Juvenile Justice and Delinquency (9) To maintain disability specific infrastructure and competency to address the clinical, treatment, rehabilitative, habilitative, and support needs ofall disabilities (10) To conduct administrative and clinical functions, including requirements for customer service, quality management, due process, provider network development, (11) To maintain full accountability for all aspects of1915(b)/(c): Medicaid Waiver operations and for meeting all contract requirements specified by thel Department (12) To authorize the utilization of State psychiatric hospitals and other State  Prevention, and other community agencies; served by Cardinal Innovations;  information technology systems, financial reporting, and staffing;  ofHealth and Human Services; and  facilities.  Section 5. Powers, Duties and Responsibilities  Cardinal Innovations shall have the powers, duties, and responsibilities necessary or convenient to carry out the purposes oft this. Joint Resolution, including but not limited (1) Toengage in comprehensive planning, development, and management of local systems for the delivery of mental health, intellectual and developmental (2) To comply with federal requirements forl Medicaid, Medicare, block (3) Toj perform public relations and community: advocacy functions; (4) To maintain a 24-hour a day, seven day a week crisis response service. Crisis response shall include telephone and face-to-face capabilities. Crisis phone response shall include triage and referral to appropriate face-to-face crisis providers. Crisis services do not require prior authorization, but shall be delivered in compliance with appropriate policies and procedures. Crisis services shall be designed for prevention, intervention, and resolution, not merely triage and transfer, and shall be provided in the least restrictive setting possible, consistent with individual and family (5) To accept donations or money, personal property, or real estate for the benefit ofCardinal Innovations and to take title to the same from any person, firm, (6) Toj purchase, lease, obtain options upon, or otherwise acquire any real or personal property or any interest therein from any person, firm, corporation, city, county, (7) Tos sell, exchange, transfer, assign, or pledge any real or personal property or any interest therein to any person, firm, corporation, city, county, government, or  to, the following:  disabilities, and substance abuse and related services; grants, and other federally funded healthcare programs;  need, and community safety; corporation, or society; government, or society;  society;  (8) To own, hold, clear, and improve property;  (9) To appoint a ChiefE Executive Officer and to fix his/her compensation;    (10) To delegate toi its agents or employees any powers or duties as it may (12) To adopt, amend, and repeal bylaws for the conduct ofi its business; (13) To enter into contracts or other arrangements for necessary supplies, (14) To appoint committees or subcommittees as it shall deem advisable, toi fix their duties and responsibilities, and to do all things necessary in connection with the (15) To enteri into any contracts or other arrangements with any municipality, other public agency oft this or any other State or oft the United States, or with any individual, private organization, corporation, or nonprofit association for the provision, oversight or management ofr mental health, intellectual and developmental disabilities, (16) Toact as an agent for the federal, State, or local government in connection with the management and oversight for the delivery ofmental health, intellectual and developmental disabilities, substance abuse and related services To insure its property or (17) Toi invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, inj property or securities in which trustees, guardians, executors, administrators, and others acting in ai fiduciary capacity may legally  deem appropriate;  (11) To employ its own counsel and legal staff; equipment, or services for the operation ofi its business;  management, supervision, control, and operation ofits business;  substance abuse and related services;  operations against risks as it may deem advisable;  invest funds under their control; (18) To sue and be sued; (19) Tol have a seal and to alter it at pleasure; (20) To have perpetual succession;  (21) To make and execute contracts and other instruments necessary or convenient, including to provide services to government or private entities, including (22) To agree to limitations upon the exercise ofany powers conferred upon it (23) To determine the pay, expense allowances, and other compensation ofi its officers and employees, and establish position classification and pay plans and incentive (24) Toj provide for biennial assessments of personnel plans by an independent entity that specializes in human resources development andi management to ensure that position classifications and compensation are appropriately matched to industry standards (25) To exercise any or all ofthe powers conferred upon it by this Joint  Employee Assistance Programs;  by this Joint Resolution in connection with any loan;  compensation plans;  and local job market requirements; and  Resolution, either generally or directly, or through designated agents.  Section 6. Effective Date  This Joint Resolution shall be effective as of July 1,2012.  ADOPTED AND RATIFIED in counterparts by the Boards of County Commissioners of Alamance, Cabarrus, Caswell, Chatham, Davidson, Franklin, Granville, Halifax, Orange,  Person, Rowan, Stanly, Union, Vance and Warren Counties.    BOARD OF COMMISSIONERS OF ALAMANCE COUNTY  Approved: By:  sal  2012.  This the ATTEST:  8  Rp 2012. Clerk thel Board Voyambaink to  BOARD OF COMMISSIONERS OF CABARRUS COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF CASWELL COUNTY  Approved: By:  2012.  Chairman day of_  This the ATTEST:  2012.  Clerk to the Board    BOARD OF COMMISSIONERS OF ALAMANCE COUNTY  Approved:  2012.  By:  C'hairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF CABARRUS COUNTY  Approved: May21  2012.  By:  Chairman  Bkabe  This the 21 day of May 2012.  ATTEST:  Bpard    BOARD OF COMMISSIONERS OF CASWELL COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board    BOARD OF COMMISSIONERS OF ALAMANCE COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF CABARRUS COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF CASWELL COUNTY  Approvedissune 4  2012.  By:  Gae a  Chairman  This the 44h dayofsune_ 2012.  -sOhlr  Clerk to the Board    BOARD OF COMMISSIONERS OF CHATHAM COUNTY  Approved: -121Am mB-26L  Chairman  This the. 19-dayo of_ Macch_2012.  O-pbd  Clerk tot the Board  BOARD OF COMMISSIONERS OF DAVIDSON COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to thel Board  BOARD OF COMMISSIONERS OF FRANKLIN COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board    BOARD OF COMMISSIONERS OF CHATHAMCOUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF DAVIDSON COUNTY  Approved: Yay9  2012.  By:  bamhuoss  Chairman hyariyiay?  This the 9H  2012.  Am.A.g-Hat  Clerk to the Board  BOARD OFCOMMISSIONERS OF FRANKLIN COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to the Board    BOARD OF COMMISSIONERS OF CHATHAM COUNTY  Approved: By:  2012.  Chairman day of_  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF DAVIDSON COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to thel Board  BOARD OF COMMISSIONERS OF FRANKLIN COUNTY  AprovedApillle  2012.  By:  Chairman  This the lo dayof.Apil 2012. Amsiclduuhk  Clerk to the  bu    BOARD OF COMMISSIONERS OF GRANVILLE COUNTY  Approved: March 19 2012.  Chairman day of Marck 2012. Dhlue  whlighek,e  This 19"d the ATTEST:  Clerk tot the Board Wg  BOARD OF COMMISSIONERS OF HALIFAX COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to thel Board  BOARD OF COMMISSIONERS OF ORANGE COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to the Board    BOARD OF COMMISSIONERS OF GRANVILLE COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to thel Board  BOARD OF COMMISSIONERS OF HALIFAX COUNTY  Approved:  2012.  Hhene Chairman  o  This the Zufayo of fribn  ATTES:  bgi  BOARD OF COMMISSIONERS OF ORANGE COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to the Board    BOARD OF COMMISSIONEKS OF GRANVILLE COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF HALIFAX COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF ORANGE COUNTY Approved: Mach aa 2012.  Bemmlelle Plima  By:  Chairman  This the 3 dayof Guma  ATTEST:  lan8bh Clerk to the Board    BOARD OF COMMISSIONERS OF PERSON COUNTY Approved: Marchiz - 2012.  By:  tmmy cky  17  This the  day of Mwpbiz.  ATTEST Banda B.Bgauss  Clerk to the Board  BOARD OF COMMISSIONERS OF ROWAN COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF STANLY COUNTY  Approved: By:  2012.  Chairman day of  This the ATTEST:  2012.  Clerk to the Board    BOARD OF COMMISSIONERS OF PERSON COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF ROWAN COUNTY  Approved: Maydi,  2012.  By:  LMElNL  Chairman dayof May_  This the  2012.  23c  ATTEST Cl  BOARD OF COMMISSIONERS OF STANLY COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board    BOARD OF COMMISSIONERS OF PERSON COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012,  Clerk to the Board  BOARD OF COMMISSIONERS OF ROWAN COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF STANLY COUNTY  Approved: Aprilllg  2012.  iday Dunwat  Chairman  This the I day of April 2012. ATTEST: yv BALE  Clerk to the Board    BOARD OF COMMISSIONERS OF UNION COUNTY  Approved:  June-4  2012.  4 By:  This the 4th dayof Jine, 2012. ATTESTOnb. Wlat  Lym G. West, Clerk to the Board  BOARD OF COMMISSIONERS OF VANCE COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to thel Board  BOARD OF COMMISSIONERS OF WARREN COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board    BOARD OF COMMISSIONERS OF UNION COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF VANCE COUNTY  Approved:April  2012.  By:  ARA2  This the Ond dayof April 2012. ATTEST: ha00H.Bsion  Clerk to the Board  BOARD OF COMMISSIONERS OF WARREN COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board    BOARD OF COMMISSIONERS OF UNION COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF VANCE COUNTY  Approved:  2012.  By:  Chairman day of  This the ATTEST:  2012.  Clerk to the Board  BOARD OF COMMISSIONERS OF WARREN COUNTY  Approved: May 7  2012.  NCISEL  0 #KVS 114190  By  Ribn  Chairman  This the Siays  ATTESTS  toheBoard  P    STANIN COLMIY  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions  Elizabeth M.Hl  NAME:  Moss  Rd.  HOME ADDRESS: 105 CITY,STATE,ZIP Albemarle TELEPHONE: (W)  Sprinys  NC 88001  704-982-9124w. 704-998-8683  FAX:_ 704-933-3797 DATE6-as-1D  EMAIL: keihhiledhs.ne-g44 PLACE OF EMPLOYMENT: NC Dept. COMPLETE THE FOLLOWING QUESTIONS:  Vocational Rehabilitakion  INORDER TO HELP US COMPLY WITH STATE REPORTING REQLIREMENTS,PLEASE  FEMALE RACE: Caucasian  SEX: MALE PLEASELISTI IN WILL) BE WILLING TOSERVE. 1Stanhy County DSS 2. uprkor rce evslopnest 3. metliteth PLEASE LIST ANY TOCONSIDER IN THE REVIEW WORK EXPERIENCE: VOLUNTEER EXPERIENCE: Past EDUCATION: MS- OTHER COMMENTS:  DATE OF msm..A18S7  ORDER OF PREFERENCE THE BOARDSCOMMISSIONS ON WHICH YOU  VOLLNTEER, WORK. OR EDUCATION EXPERIENCE YOU WOLLDLIKECS  OF YOLRAPPLICATION. FEELFREETO: ATTACH A RESUME.  Hospire, Apoc,Commuit,Tale  R.hahlleinCaunating  Brummitt, Clerk to the Board, 1000 N. First Street. Suite 10.  Return to Tyler  Albemarle, NC 28001    Revised 10/19/2007  Stanly County Board of Commissioners  Meeting Date: September 4, 2012  10B3  STANIN COUNTY  Consent Agenda Regular Agenda  Presenter  Andy Lucas  ITEM TO BE CONSIDERED  Economic Development Commission Vacancy EDC effective Monday, August 27,2012.  Paul Childress, a current Commission member, recently re-located to Concord and has resigned his position on the Paul was appointed from the Central District, and his unexpired term runs through January 31, 2014. There is currently one (1) EDC application from the Central District for consideration.  Recognize this recent EDC resignation and seek to appoint a new member to fill the unexpired  term  Signature: Date:  Dept: Attachments:  yes Certification of Action Certified tol be at true copy oft the action taken by the Stanly County Board of Commissioners on  X no  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Bis  BEAR NSURANCE SERVICE  173 North Second Street, Albemarle, NC 28001  August 27, 2012 Stanly County EDC C/O Paul Stratos 10001 North First Street, Ste 11 Albemarle, NC 28001 RE: Resignation from EDCI Board  Paul:  Due to aj job opportunity for my wife in Cabarrus County and some pending job duties in Mecklenburg and Cabarrus County for myself in relation to Bear Insurance development activities, my family andl I have relocated to Concord, NC. Itis therefore with deepr regret thatlmust tender myl letter of resignation from the EDCI Board effective immediately: aslv will no longer meet the residency requirements for appointment. Althoughl will continue to be very active in Stanly County and will support EDC activity in any way possible, my primary residence will not be in Stanly County. lam very appreciative oft the opportunity tol have served on the EDCI board--ANDIhave' tremendous respect for each of the board members for their willingness to servei in efforts tob better our community. Iconsider many of the board members mentors and friends. Ihave-and will continue tol have-deepi friendships and meaningful business relationships with many of you. With this ini mind,! Iwant to make sure everyone understands that both myself and Bear Insurance Service will continue to be active participants ini the community: andi in efforts to better Stanly County. Please know that Iwill be glad to be of assistance in any way possible. Thanks for the opportunity! have had to serve on the board and thank you to each of youf for what you continue to do to helpi improve Stanly County.  Sincerely, Paul Bear Insurance: Service 70  Phone 704-982-1156- 1-800-942-1156 Fax 704-982-7012    Tyler Brummitt From: Sent: To: Subject: Name: Address: City: State: Zip: HomePhone: Work Phone: Sex: Race: DOB: Boards: WorkExperience:  ebmaserdcosanycus Wednesday, August 29, 2012:2:10PM Tyler Brummitt Board Member Application Bryce Wilson Kimrey 317 North First Street, PO Box 1764 Albemarle NC 28001 7043225978 7044631000 Male White 09/10/1981  Economic Development Commission  Albemarle Truck and Trailer, Inc Mar 2010-Present Dealer Sales Knowledge of All brands of Heavy Duty Trucks, Compile extensive list ofDealers throughout North America and Central America, Communicate by email, social network, and telephone inventory list to dealers, Set up delivery ofs sold units through third party transporters, assist in buying ofl local units and trades, daily inventory upgrades, revisit existing customers, promote business to new customers nationally. McCauley's GM Superstore Nov 2009-Mar 2010 Sales Consultant Assist Customers with Automobile Purchase,Knowledge of Automobile Specifics on All Models on General Motors, Chevrolet, and Buick, Assist in Internet Leads-Consulting Customer on Telephone Conversation, Continued Communication with Former Customers for Future Business Storm Technologies, Inc Nov 2007- April 2009 Combustion Specialist Perform Pulverizer Optimization and Performance Testing on Large Utility Boilers, Calibration ofTesting Probes "K" Factor using wind tunnel technology, Knowledge of power plant operation, International Power Plant research for future proposals in China, Germany and Australia, Coal Fineness Analysis and Flyash Loss of Ignition,Shipping and Receiving-Domestic and International Bill ofLading Stanly County Economic Development Commission Jan 2007- Sept 2007 Coordinator Assisted with Existing Business and Retention Issues,Produced and Published News Releases for Economic Development Announcements, Research of Infrastructure Capabilities for Potential Industrial Customers,Assisted in Grant writing for North Carolina Dept of Commerce Grants,Rezoning of county land for Economic Development,Contract Review,Daily Accounting Summaries Hartsell Funeral Home, Albemarle, NC. June 2004- Jan 2007 Funeral Assistant Assist in Funeral Services- Funerals and Visitations,Removal of Deceased,Assign Funeral Duties-make schedule of daily task for employees,Assist. in Customer Service,Inventory Management-ordered all supplies for company with daily records ofinventory Alexander Sosebee, Inc. Banner Elk, NC. Apr 2003 to. May 2004 Sales Associate - Second key holder Inventory Manager Co-managed and trained employees.Performed opening and closing duties,Maintained daily bookkeeping,Ran daily accounting reports and made bank deposits,Inventory receiving and data entry, Inventory accounting and updating on Point of Sale system The Christmas Market,  1    Blowing Rock, NC. June 2002 to. January 2003 Inventory Manager Managed extensive warehouse inventory by receiving merchandise, entering it into hand written inventory Forum Steering Committee April 2007- Oct 2008 Albemarle Downtown Development Commission Promotions Committee Jan 2007- Sept 2007. Jan 2012- Present Alive @5 Steering Committee May 2007- Sept 2007 Stanly County Winter Wine Festival Chair- Mar 2012-Present Co-Chair Mar 2012-Mar 2012 First Presbyterian Church Member Deacon - January 2011-Present Vice Chair ofDiaconate Jan 2012-Present International Mission Work Zambia, Africa Mar 2010-Apr 2012 Montana de Luz, Hondorus Aug Appalachian State University May 2004 Bachelor of Science in Business Administration Major: Business Management Dean's List Ay younger voice needs to be present in the decisions oft the future of the economic prosperity of our county. New ideas and contacts come from the generations at need.  system,Priced inventory and delivered to retail store  Volunteerbxperienee: Stanly Regional Medical Center Foundation Forum June 2006-Present Foundation  2011  Education: Comments:  2    Stanly County Board of Commissioners  Koc  Meeting Date: September4,2012  SIANLY Presenter: Becky Weemhoff  Consent Agenda Regular Agenda  COUNIY  Presentation Equipment: I Lectern PC* Lectern VCR Lectern DVD LJ Document Camera** Laptop*** *PCis equipped with' Windows XP: and Microsoft Office XP( (including' Word, Excel, and PowerPoint), Internet connectivity for ** Ify County youl have Employees. need to use the Document Camera and: zoomi into a particular area, ifp possible please: attach a copy of the document with the area indicated  Please Provide al Briefl Description of your Presentations format: that your need toz zoom into. Al laser lighti is available to pinpoint your: area of projection. *** You can bring inal laptop that will allow video out tol be connected: at thel lectern- set display to  and Network  connectivity  60Mhz.  ITEM' TO BE CONSIDERED  There are five members of the Senior Services Advisory Board whose term is expiring at the end of Three of these five Board members have served for two three-year terms and cannot be reappointed. The remaining two members are eligible to be reappointed according to the By-Laws The three names of people being submitted for your approval as new Advisory Board members are Robin Lentz, E.H. "Bud" Morton, Jr. and Wayne Sasser. These three individuals bring varied knowledge and experience to the. Advisory Board and we look forward to theiri input. The two Board members who wish to be reappointed to the Board are Vanessa Chambers and Dr. Marianne Bumgarner-Davis. These two individuals have contributed to the Board over the past All ofthese names submitted for your approval will be serving a three, year term ending 9-30-15.  September.  and they have agreed to serve another three year term.  three, years and we look forward to their continued service.  Respectfully request the appointment of Robin Lentz, E.H. "Bud" Morton, Jr. and Wayne Sasser and the reappointment ofVanessa Chambers and Dr. Marianne Bumgarner-Davis to the Senior  Services Advisory Board with terms expiring9-30-2015.  Signature: Date  Dept. Senior Services Attachments:  Yes Certification of Action Certified to be a true copy of the action taken by the Stanly County Board of Commissioners on  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment: Necessary  Tyler Brummitt, Clerk to the Board  Date    SIANINY COLMY  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions  NAME:  Boben D.katz  HOME. ADDRESS: 44009 Hearne Poad CITY,STATE,ZIP Alewkondos, AC 28/2 TELEPHONÈ: R) 704-443-7650.  (H) FAX: DATE:_ B/1/12  EMAIL: rtialataOklwadlicen  PLACE OF EMPLOYMENT:  INORDER' TOHELPUS COMPLY WITHSTATEI REPORTING REQUIREMENTS, PLEASE SEX: MALE FEMALE RACE: Lohcle/caucasiaa  COMPLETETHE! FOLLOWING QUESTIONS: DATE OF mamomPeISK WILLBE WILLINgTOSERVE. 1. Senjor SCESAdVeson  PLEASELISTI IN ORDER OF PREPERENCETHEI BOARDS/COMMSSIONS ON WHICHYOU  Bd  2. 3.  PLEASE LIST ANY VOLUNTEER, WORK, ORI EDUCATION EXPERIENCE YOU WOULDLIKEUS TOCONSIDER IN" THE REVIEW OF YOUR APPLICATION. FEELFREETO ATTACHA A RESUME. WORK EXPERIENCE Mostrzcely Dougs Elccyorcs Ehkpises  VOLUNTEER EXPERIENCE:  School  EDUCATION: Hiyh Schoof educattou gradueted Nor/kSlanly Hy COMMENTS: Mevbyrof-the Stralycauely Auateuv Radio  OTHER  Club  Return to' Tyler Brummitt, Clerk to the Board, 1000 N. First Street, Suite 10,  Albemarle, NC 28001    SIANIN COLNy  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions  NAME: Ernest H. Morton, Jr. HOME. ADDRESS:_ 1100 N. Eleventh Street CITY,STATE, ZIP: Albemarle, NC 28001  704-983-3167 FAX: 704-985-0149 8/14/2012  704-982-5048  TELEPHONE: (W)  (H)  DATE:  EMAIL: BudMortonevnet.net  PLACE OF EMPLOYMENT: Ernest H. Morton, Jr. law office IN ORDERTOHELP! US COMPLY WITH STATE REPORTING REQUIREMENTSPLEASE  COMPLETE THE FOLLOWING QUESTIONS: SEX: MALE JFEMALE RACE:_W DATE OF BIRTH: (MMDDYYYY) 11,26 1926  PLEASE LIST! IN ORDER OF PREFERENCE THE BOARDS/COMMSSIONS ON WHICH YOU  WILLI BE WILLINGTOSERVE. Ladyisory_Board.  2. 3.  PLEASE LIST ANY VOLUNTEER, WORK, OR EDUCATION EXPERIENCE YOU WOULDI LIKEUS TOCONSIDER INTHE REVIEW OF YOUR APPLICATION. FEELFREE TO ATTACH A RESUME. VOLUNTEER EXPERIENCE: American Red Cross L Special Olympics EDUCATION: Tuadalaats in a Juris Doctorate  WORK EXPERIENCE: 59 years of law practice  Host Town Chairman for World Special Olympics games  degree  OTHER COMMENTS:  Return to Tyler Brummitt, Clerk to the Board, 1000 N.J First Street, Suite 10,  Albemarle, NC 28001    STANIN COLNY  Stanly County Volunteer Application  Volunteer Application  Stanly County Boards and Commissions 29013 Jodon Porn!  NAME: HOME ADDRESS:  basa  oypz  CITY,STATE,ZIP aubemarh  ML 2800/  TELEPHONE: (W) 90-58/03Y0 (H)_ 704-993-4015  PLODRL DATE: $-/3-/2  EMAIL: The SASSERS2000 GAL.POM PLACE OF EMPLOYMENT ahw/Pbary  INORDER' TOI HELP US COMPLY WITH STATE REPORTING REQUIREMENTS, PLEASE  COMPLETE THE FOLLOWING QUESTIONS: SEX: MALE FEMALE RACE:  DATE OF BIRTH: MMDD/YYYY) 211/950  PLEASE LIST IN ORDER OF PREFERENCE THE BOARDS.COMMISSIONS ON WHICH YOU  WILLBE WLLINGTOSEBVE. 1A Seniez Categens  2. 3.  PLEASEI LIST ANY VOLUNTEER, WORK,ORE EDUCATIONI EXPERIENCE YOU WOULDLIKEUS TO CONSIDER INTHEI REVIEW OF YOUR APPLICATION. FEEL FREETOATTACH. A RESUME.  WORK EXPERIENCE: Dhoreriet 40 yore VOLUNTEER EXPERIENCE: hisma ppt  EDUCATION: OTHER COMMENTS:  WNL chopi Niill  S4  Return to Tyler Brummitt, Clerk to the Board, 10001 N. First Street, Suite 10,  Albemarle, NC 28001    Revised 10/19/2007  Stanly County Board of Commissioners  STANLY Meeting Date: September 4,2012  COUNY  Consent Agenda Regular Agenda  Presenter: Andy Lucas, County Manager  ITEM TO BE CONSIDERED  NCACC: 2013-2014 Legislative Goals  The NC Association of County Commissioners is in the process of developing goals for the 2013-2014 biennium. Counties are invited to submit their proposals for consideration. The proposed legislative  items must be substantially applicable on a statewide basis. Af few legislative items for the Board to consider are identified below:  1. Support legislation to ensure the Public School Capital Building Fund reverts back to comprising both Lottery and ADM revenue sources, and the Lottery funds are allocated at the full 40% rate. 2. Improve inmate medical care cost containment by seeking legislation that would authorize medical care providers to charge both the State and counties no more than the established  Medicare or Medicaid schedule of charges.  3. Retain state aid to counties in order to maintain federal matching funds especially in the County's 4. Study the economic development impact oft the State's new Energy Conservation Building Code. The code could potentially add significant costs to building construction, and this may put NC at acompetitive disadvantage when competing against neighboring states that have not adopted  health, social sérvices and transportation service areas.  comprehensive energy conservation standards.  Consider, discuss and possibly approve the proposed legislative items  Signature: Date:  Dept: Attachments:  yes Certification of Action Certified tol be at true copy of the action taken by the Stanly County Board of Commissioners on  no  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    NORTH  CAROLINA  ASSOCIATION OF COUNTY COMMISSIONERS  Memorandum  To: From: Date: Subject:  County Board Chairs, County Commissioners, County Managers, Clerks and Affiliate  Organization Presidents David F. Thompson, Executive Director July 13,2012  NCACC Solicitation of County Legislative Goals Proposals for 2013-14  The time is here for us to begin our legislative goals development process for the 2013-14 biennium. We are inviting counties to submit their legislative proposals to the Association. Our goals development process is open, inclusive and deliberative. It is designed to give all 100 counties a voice in developing This Association is the only organization in the state that truly represents all the citizens of North Carolina. For each biennial session of the General Assembly, counties submit legislative proposals, and commissioners from across the state review and recommend them to our members. Legislators know and Receipt of your county's proposals is instrumental to our process. Attached is a form for submittal of 2013-14 legislative goals proposals, a legislative goals handbook that delineates NCACC's legislative goals process, and a list ofthe progress made on the 2011-12 legislative goals. Due to your efforts, many of our goals were achieved. Reviewing these issues may be helpful in contemplating new goals or  our legislative agenda.  appreciate that all 100 counties have the opportunity to be involved in our process.  revisiting ones that need further action.  When submitting your goals, please keepi ini mind the following: Complete the accompanying goal proposal form.  Goals may be submitted in any of the following formats: a resolution approved by the Board of Commissioners, a letter from the Chairman of the Board on behalf oft the entire board, or by letter Proposed goals received on or before Sept. 17 will be referred to the appropriate steering Proposed goals received after Sept. 17 will be sent directly to the Legislative Goals Committee As referenced above, this packet includes the 20121 NCACCI Legislative Goals Handbook. This handbook contains information about the rules, procedures and guidelines for the legislative goals adoption process.  from an affiliate organization. committee for review and consideration.  fori review.  Please note the following schedule for your planning purposes.  Legislative goals development timeline Goals submission deadline Legislative Goals Committee meets  Sept. 17,2012 November December Jan. 24-25,2013  September - October Steering committees review goals  Board of[ Directors reviews and finalizes recommendations Legislative Goals Conference, membership approval of goals  If you have any questions, please do not hesitate to contact me or Kevin Leonard, NCACC Deputy  Director.  215N. Dawson St., Raleigh, NC27603 *] Phone: (919) 715-2893 * Fax: (919) 733-1065* www.ncacc.org    ORTH CAROL  2013-14 biennium  LEGISLATIVE GOALS PROPOSAL FORM Mail to NCACC, Attn.: Kevin Leonard, 215. N. Dawson St., Raleigh, NC: 27603;  All proposals due to NCACC by Sept. 17, 2012 e-mail to ncacc@ncacc.org; or faxi to (919)733-1065  CoY Coy COUNTY  Attach one or more of the following to this form:  An adopted resolution by the Board of Commissioners; Al letter from the Board Chairman on behalf of the Board; Al letter from thej president of an affiliate organization. Any other documentation or materials that support the Ifyou have questions, contact Kevin Leonard at (919)715-4369  Legislative Goals Timeline Sept. 17: Deadline for submission of proposals Sept. - Oct.:Steering committees review goals November: Goals Committee reviews steering committee recommendations, approves package of goals for Board of Directors December: Board of Directors finalizes package tol be presented tot full membership Jan.24-25, 2013: Membership: adopts goals atLegislative Goals Conference  and/or  proposed goal. ork Kevim.comard@neaccorg  Legislative  Date:  Name of county/affiliate organization: Name and title of person submitting goal:  Phone: Goal title:  E-mail:  Goal description (what is the problem being addressed?):  Select Steering Committee(s) Your may choose more thand one Agriculture Environment Human Services Intergovernmental Relations Justice and Public Safety Public Education Tax and Finance  County staff contacti if other than submitter:    NORTH  CAROLINA  ASSOCIATION OF COUNTY COMMISSIONERS  LEGISLATIVE GOALS  HANDBOOK  FALL 2012  SECOND EDITION    THE NCACCLEGISLATIVE GOALSPROCESS  Mission Statement  The Association's Legislative Goals process is thoughtful, deliberative, inclusive and fair. The investment of time and energy, and value of full discourse, strengthens our Association as we navigate the legislative currents. The process is designed to create an informed grassroots organization and to build a cohesiveness ofj purpose within the organization that, ini turn, grants a degree of credibility to the Association that is unique. All counties and all county officials are  invited and encouraged toj participate in the Legislative Goals process.  3    CONTENTS  This handbook is intended to offer the reader an overview and guidance about the rules and processes used to develop the legislative agenda of the North Carolina Association of County Commissioners. Information is presented in a format that tracks the chronological course of  action for the goals adoption process.  Page 6 Page 7 Page 8 Page 10 Page 11 Page 12 Page 14  Background & 2012-13 Timeline Stage 1- Seeking Goal Proposals Stage 2- Steering Committee Review Stage 3-1 Legislative Goals Committee Stage 4-1 Board of Directors Consideration Stage 5- Legislative Goals Conference Guidance Outside ofI Legislative Goals Process  5    Stage1-S Seeking Proposed Goals (July-September)  The Association's goals-setting process begins with an effort to elicit proposals that members think should be part of the county legislative "package" for the upcoming legislative biennium. Through CountyLines, e-mail communications and other means, the Association solicits proposals from county boards of commissioners. Suggested goals can be submitted via adopted resolutions from full boards, from the Board Chairmen via letter on behalf of the full boards, and from the fifteen affiliate and related organizations (which are groups of county officials/staff organized by function) via a letter from those Presently, the following organizations are included as Affiliate and Related organizations:  organizations' presidents.  Affiliates  Association ofl North Carolina Boards of] Health Human Resources Directors' Association ofNorth Carolina Counties N.C. Association of Assessing Officers N.C. Association of County Boards ofs Social Services N.C. Association of County Attorneys N.C. Association of County Clerks to the Board N.C. Association of County Directors of Social Services N.C. Association of County Finance Officers N.C. Association ofI Local Health Directors N.C. Association of Registers ofI Deeds N.C. Tax Collectors' Association  N.C. Association of Emergency Medical Services Administrators (NCAEMSA)  Related Organizations Joint Regional Forum  N.C. City/County Managers Association  N.C. Association of County Department of Social Services Attorneys  The Association intentionally casts a wide net to encourage inclusiveness and full membership participation. Discussion and action on proposed goals by full boards of commissioners is requested because this interaction contributes to the deliberative process Counties are provided a form on which to submit proposed goals. This streamlines the internal processing of proposals. Forms can be requested by contacting the Association office or can be accessed on the NCACC website at www.ncacc.org. A sample form is  and builds consensus.  included in the Appendix oft this handbook.  7    Policy Statement Review  The Steering Committees also review the Association's subject area Policy Statements. The Policy Statements are general declarations of ongoing positions that give guidance on broad policy objectives, such as "no mandates without funding." These statements also guide the staff in dealing with unanticipated issues that arise in the legislative context or that affect the counties in other ways, as with proposed administrative rules and regulations Because the Steering Committees are ongoing and have broad member participation, they are a critical first step in the Legislative Goals development process. The committees meet quarterly and are available to review legislation during the legislative session; they are used to guide unanticipated legislative action and to recommend any actions that might be advisable to the NCACC Board of Directors for formal consideration and action. This issue is described in greater detail in a later section included in this handbook.  or state agency policies.  9    Stage 4- Board of Directors (December)  As the Association's goal-setting process moves forward, the elected county commissioners become more and more involved in the decision-making process. The Board of Directors is almost exclusively elected commissioners, with the one exception of At its December meeting, the Board reviews the recommendations oft the Legislative Goals Committee. As at earlier stages of the process, the Board may hear presentations, review research and analysis, add, delete or amend proposals and policy statements. The Board gives final approval to the package of proposals and policy statements that are to be voted on by the full membership at the Legislative Goals Conference in January. By taking this action in December, the individual county boards of commissioners have time  anon-voting county manager,  and opportunity for a full review prior to the conference.  11    Goals approved and recommended by the Screening Committee are brought to the floor for consideration by the voting delegates on the second day of the conference. Any proposal not approved by the Screening Committee can only be brought to the floor for consideration upon a vote oft two-thirds of the number of voting delegates present at 2 p.m. on the first day ofthe conference. This requirement recognizes that by the end of the second day, voting delegates may leave, and it protects the members from having their goals process circumvented by what could be a The Screening Committee has the authority to request a Steering Committee to give further study to newly proposed ideas. Any Steering Committee recommendations that derive from this kind of study can be presented to the Board of Directors for  An majority vote oft the delegates is required for approval.  relatively small number of delegates.  consideration at al later date.  Conclusion  All goals and policies receiving a favorable report at the Legislative Goals Conference are included in the official final NCACC Legislative Goals package. The official document containing the organization's goals and policy statements shall be mailed to all 100 counties and presented to each member of the North Carolina General Assembly, to the Governor, and to  other executive branch leaders.  13    Appendix  2013-14b biennium  LEGISLATIVE GOALS PROPOSAL FORM All proposals duet tol NCACCby, Sept.17,2012 Maill to NCACC, Attn.: Kevin Leonard, 215. N.I Dawson St., Raleigh, NC27603; e-mailt tor ncacc@ncacc.org ori fax1 to( (919): 733-1065  GOUNT  Attach one or1 more oft thei followingt tot fhis form: Ana adoptedi resolution by thel Board of Commissioners; Al letter from thel Board Chairman on behalfo oft fhel Board; Al letter from fhep president of: an affiliate organization. Any other documentation or1 materials that support the Ify youl have questions, contact Kevinl Leonard at (919)715-4369  Legislative Goals Timeline Sept. 17:Deadline for submission of proposals Sept.-Oct.: Steering committees review goal November: Legislative Goals Committee reviews steering committee recommendations, approves package of goals for Board of Directors December: Board of Directors finalizes package tot bei presented to full membership lan.24-25,2013: Membership: adopts goals atLegislative Goals Conference Select Steering Committeels) Your maychoose moret thand ono Agriculture Environment Human Services Intergovernmental Relations Justice: and Publics Safety Publicl Education Taxa andI Finance  and/or proposed goal. erkevinlommd@macog Date:  Name of county/afiliate organization: Name andi title of persons submitting goal:  Phone: Goal title:  E-mail:  Goal description (whati ist the problem being addressed?):  County staff contact ifothert thans submitter:  15    NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSONERS-2011-2011-2012-LEGSLAIVE EGOALS  This document provides as summary status report oft the county legislative goals adopted int the 2011-12 biennium. Goals are presented by steering committee area, with the following symbols depicting each goal's progress:  Goal Accomplished  Goal Partially Accomplished  Goal Not Met  Counties are encouraged to use this progress report when considering what legislative goals should be submitted as a part NCACC staff will provide at thorough review and discussion ofthese goals during the steering committee legislative goals review process. County members are invited to join a steering committee, with steering committee meetings to be  ofNCACC's legislative goals process for the 2013-14 Legislative Biennium.  scheduled in September and October, 2012.  Priority Goals  1. Ooppase shift of state transportation responsibilities to counties - Oppose legislation to shift the state's 2. @Reinstate ADM and lottery funds for school construction - Seek legislation to fully reinstate the Average  responsibility for funding transportation construction and maintenance projects to counties. Daily Membership funds and Lottery proceeds to the Public School Building Capital Fund.  3. OEnsures adequate mental health funding  Seek legislation to ensure adequate capacity of state-funded acute psychiatric beds. Oppose legislation to close state-funded beds until there is adequate capacity statewide. Seek legislation to maintain the existing levels ofs state funding for community mental health services.  4. Opreservet the existing local revenue base.  5. QAuthorize local revenue options - Seek legislation to allow all counties to enact by resolution or, at the option of the Board of Commissioners, by voter referendum any or all revenue options from among those that have been  authorized for any other county.    NORTH CAROLINA ASSOCIATION OF COUNTY COWMISONES-201-2012-LIGBAIMEGOAS  Goal Accomplished  Goal Partially Accomplished  Goal Not Met  Environment  1. QEnhance river basin monitoring and streamline rule-making Enhance monitoring for all river basins in 2. Osireamline water supply reservoir permitting - Seek legislation to streamline local water supply reservoir permitting without sacrificing the scientific rigor of Environmental Impact Assessment and ensure adequate 3. QAutiorire county oversight of bio-solids disposal - Support legislation to authorize counties to regulate, but not prohibit, bio-solids application activities, including the acceptable "classes" of bio-solids for application and the 4. Oclarify yard waste facility runoffstatutes - Seek legislation to clarify that runoff from yard waste staging areas 5. Ocreate study commission on horizontal drilling, hydraulic fracturing and uranium mining - Seek legislation to create a Study Commission on horizontal drilling and hydraulic fracturing for shale gas deposits and  North Carolina and review the rule-making process to enhance regional cooperation.  opportunities forj public and local official comment.  prohibition ofbio-solids application in certain environmentally sensitive areas.  at county landfills does not require wastewater treatment.  uranium mining.    NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSONERS-2011-201-2012-LEGSAIVE GOALS  Goal Accomplished  Goal Partially Accomplished  Goal Not Met  Intergoyernmental Relations  1. Oopase shift of state transportation responsibilities to counties - Oppose legislation to shift the state's  responsibility for funding transportation construction and maintenance projects to counties. 2. Omolemnies annexation laws Seek legislation modernizing annexation laws.  3. Ooppase collective bargaining for public employees Oppose legislation to authorize local governments to enteri into collective bargaining agreements with public employees, or to mandate dues check-off programs. 4. Oimplement combined motor vehicle registration and property tax collection system - Seek legislation to ensure that the combined motor vehicle registration and property tax collection system is implemented within the 5. Oprolect local control of ABC system - Seek legislation to protect local control of the local ABC system 6. OAutiorire counties to offer broadband through partnership or direct service - Seek legislation to authorize counties toj provide high-speed internet through direct county service or public-private partnerships. 7. QEliminate second primary and run-off elections - Seek legislation to eliminate second primary and run-off 8. QAuthorize electronic notice of public hearings and other legal notices - Seek legislation to provide counties with options for notice of public hearings, notice of delinquent taxpayers, and other legal notices, through electronic 9. ORepeal public employee personnel record changes - Repeal HB 961. Seek legislation that will better clarify issues regarding privacy of public employee personnel records and release ofother public records. 10. Oprotect privacy of citizen email notification and distribution lists Seek legislation to protect the privacy of email notification and distribution lists of citizens who have requested electronic communication with their local 11. Omioderize public records retention - Seek legislation to modernize public records retention to permit records 12. Osuppart Rural Transportation Planning Organizations (RPOs) - Support legislation to maintain the funding 13. OReform workers' compensation - Support legislation to reform North Carolina's workers' compensation system to reduce disability findings and open-ended streams ofj payment, to address the trend in favor of long-term disability findings, to diminish control over these findings on the part of claimants and their legal representatives, and to curtail  statutory deadline.  including all local revenue streams generated through local ABC store operations.  elections.  means.  governments.  storage in digital format.  for rural transportation planning organizations (RPOs).  adoption of rules that limit return-to-work efforts.    NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSONERS-20112012-LEGSATVE EGOALS  Goal Accomplished  Goal Partially Accomplished  Goal Not Met  Justice and Public Safety  1. OProtect county. jail system  Seek legislation to protect the fiscal viability of the county jail system by reinstating the reimbursement rate for state inmates housed in county jails and increasing the reimbursement rate for state inmates awaiting post-trial  prison transfer.  Oppose legislation toi increase time counties are: mandated to house state misdemeanants.  2. Qimprove inmate medical care cost containment - Seek legislation that would authorize medical care providers to charge the state and counties no more than the rates set in the Medicaid or Medicare schedule of charges for inmate 3. Qmhaintain funding for gang prevention and adolescent substance abuse prevention, intervention and 4. OAllow court facility fee flexibility - Seek legislation to allow counties to collect additional fees to support specialty courts and help fund capital, operational and other needs associated with increasing demands on our judicial 5. OAuthorie inmate electronic monitoring cost reimbursement Seek legislation to authorize counties to seek  medical care.  treatment programs.  system.  reimbursement from defendants for electronic monitoring, based on ability toj pay.    NORTH CAROLINA ASSOCIATION OF COUNTY COMMISONES-201-2012-LIGSAIMEGONS  Goal Accomplished  Goal Partially Accomplished  Goal Not Met  Tax and Finance  1. OPrsenet the existing local revenue base.  2. QAuthorire local revenue options Seek legislation to allow all counties to enact by resolution or, at the option of the Board of Commissioners, by voter referendum any or all revenue options from among those that have been 3. ORecovers costs through in rem foreclosure fee Seek legislation to increase the reimbursement rate for in rem 4. Oset property tax relief application deadline at June 1- Seek legislation to establish June 1 as the statutory 5. Oclarity centralized listing and assessing of cellular and cable companies Seek legislation to implement the 6. Oclarify definition of charity eligible for property tax relief Seek legislation to clarify the definition of charity and set a cap amount for hospitals, facilities financed through Medical Care Commission bonds, and continuing care facilities, and require that any property valuation exclusion formula provide for a higher test of 7. QAllw hospital authority access to setoff debt collection - Seek legislation to authorize hospital authorities to 8. ORequire sales tax reported at zip+4 Seek legislation to require that large vendors report sales tax by the 9- 9. Osimplily register of deeds fees Support legislation to require that all real estate recording fees charged by the Register of Deeds be set at appropriate flat rates, with a single rate paid to a single state agency, provided that 10. Ostmdarliel local vehicle fees Seek legislation to require that all local vehicle fees be adopted at the time the 11. OAllow solid waste authority access to setoff debt collection - Seek legislation to authorize solid waste 12. OManufactured home taxes paid before transfer - Seek legislation to require that all taxes levied on  authorized for any other county.  foreclosure collection efforts to recover actual costs, including legal expenses. deadline for exemption, deferment and other property tax reliefapplications. central listing and assessment of cellular and cable companies.  charity.  participate int the setoff debt collection program.  digit zip code.  implementation oft this legislation not reduce any revenues to any county.  tax rate is adopted and impose the fees on all registered and unregistered vehicles.  authorities toj participate in the setoff debt collection program.  manufactured homes be paid before the home may be moved, repossessed or sold on site.    Revised 10/19/2007  Board of Commissioners  Stanly County  2  STANIN Meeting Date: September 4, 2012  Consent Agenda Regular Agenda  COINY  Presenter  AndyLucas  ITEMTOI BE CONSIDERED  Homes ofHope - Surplus Property Donation Request Follow-Up  6, 2012 Board meeting, a representative from Homes of Hope requested the Board consider  Att the August donating the County'ss surplus Per NCGS 153A-176 property. to a non-profit organization authorizing resolution.  desktop computers to Homes ofl Hope for use by their clients.  and NCGS 160A-280, the Board does have the legal authority to donate surplus personal  after providing the proper public notice and formal adoption ofan  disposition process and the subsequent fiscal/revenue  Staff! has reviewed the County's current surplus property maintain the current process of selling the surplus  impact ofany changes. Itis staff's recommendation GovDeals. to technology equipment via public auction through  This  al level-playing field for all potential  provides tax revenues.  bidders (including local citizens and non-profits) and maximizes non-property  recommendation to maintain the current process for disposing ofs surplus personal  Accept staff's property.  Dept: Attachments:  Signature: Date:  yes Certification of Action  no  Review Process  Approved Yes No Initials  Certified tol be at true copy oft the action taken by the Stanly  Board of Commissioners on  Finance Director County Attorney County Manager Other:  County  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    Stanly County Board of Commissioners  SIANIY Meeting Date:  13  Presenter:  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 **I Ify youl have need to use the 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 ofyour Presentations format: that you need toz zoom into. Al laser lighti is available to pinpoint your area of projection. *** You can bringi ina a laptop that will allow video outt tol be connected att the lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  CONSENT AGENDA  A. Minutes = Regular meeting of August 6, 2012, special meeting of August 13, 2012 and B. Tax- - Refund requests for Mi Fuente Mexican Restaurant, Cynthia Lewis, Billy & Utilities - Request to renew approval of the Stanly County Language Access Plan D. Airport- Request approval of the Talbert & Bright Inc. work authorization # 3803-1203  emergency meeting of August 24, 2012 Margaret Thomas and. Julian Trail.  and its associated project ordinance  Request approval of the above items as presented.  Signature: Date:  Dept. Attachments:  Yes Certification of Action Certified to be at true copy ofthe action taken by the Stanly County Board of Commissioners on  No  X_  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk tot thel Board  Date    13A  STANLY COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES AUGUST 6, 2012  COMMISSIONERS PRESENT:  Lindsey Dunevant, Chairman Gene Mcintyre, Vice Chairman Tony Dennis Jann Lowder Josh Morton None  COMMISSIONERS ABSENT: STAFF PRESENT:  Andy Lucas, County Manager Jenny Furr, County Attorney Tyler Brummitt, Clerk  CALL TO ORDER  The Stanly County Board of Commissioners (the "Board") met in regular session on Monday, August 6, 2012 at 7:00 p.m. in the Commissioners Meeting Room, Stanly Commons. Chairman Dunevant called the meeting to order and Commissioner Dennis gave the invocation.  APPAOVAL/ADUSIMENS TOTHE AGENDA  There being no adjustments to the agenda, Vice Chairman Mcintyre moved to accept the agenda as presented. His motion was seconded by Commissioner Dennis and passed by  unanimous vote.  TEM#I-RETREMENT AWARDS PRESENTATIONS  The Board recognized Carolyn Little, Stanly County Tax Administration and Kay Deese, Stanly County Health Department for their many years of service to the citizens of Stanly County.  TEM#2-HOMES OF HOPE Presenter: Andy' Lucas, County Manager  The County Manager stated he had been contacted by Homes of Hope Director Skeet Ayscue who requested the Board's consideration in donating the county/ssurplus computers to Homes of Hope. These computers will be given to families entering the Homes of Hope program in order to take on-line personal finance courses, to look for employment and housing, and to  Page e1of5    complete homework. According to G. S. 160A-280, a governmental unit can donate surplus items as long as proper notice is provided prior to the adoption of a resolution approving the  donation.  Commissioner Lowder moved to table the item until the September 4, 2012 meeting in order to allow more time to direct questions to county staff and the Information Technology Department. The motion was seconded by Vice Chairman Mcintyre and passed by unanimous  vote.  TEM#3-UTILTIES  Presenter: Donna Davis, Utilities Director  A. Award of the Contract for the Carpenter Road Waterline  The NCI DOT is upgrading Carpenter Road and the waterline will have to be relocated to the new right-of-way due to conflict with the road construction. Stanly County Utilities will pay for the relocation because the original waterline was not authorized for installation on NC DOT right- of-way. Based on the bids received on. July 18, 2012, it was requested this contract be awarded  to the apparent responsive, responsible low bidder RDR, Inc.  By motion, Commissioner Dennis moved to award the contract to RDR, Inc. as recommended by staff. The motion was seconded by Vice Chairman Mcintyre and carried by a! 5-Ovote.  B. Application for the 2012 CDBG Infrastructure Grant Program  Applications for the 2012 CDBG Infrastructure Grant Program are due to the NC Department of Commerce Division of Community Investment and Assistance between August 31, 2012 September 14, 2012. Grants of up to $750,000 will be awarded for selected infrastructure projects based on severity of need, level of readiness, feasibility of project, and commitment of other funds for the project. In addition, the required local match of $37,500 will be allocated from utility funds. With these funds, approximately 64 households will be served.  Commissioner Lowder moved to approve the submission of an application for the 2012 CDBG Infrastructure Grant Program and was seconded by Commissioner Dennis. The motion passed  by unanimous vote.  ITEM # 4 - TAX ADMINISTRATION = PRESENTATION OF THE ANNUAL SETTLEMENT REPORT  FOR FY 2012  Presenter: Melia Miller, Tax Administrator  The Tax Collector presented the annual settlement report and financial reports which included the collection activity for the current fiscal year. It was requested the Board accept and approve  Page 2of5    the annual settlement report and charge the Tax Collector with collecting the FY 2013 taxes. By motion, Commisioner Dennis moved to accept and approve the annual settlement statement and charge the Tax Collector with the collection of the FY 2013 taxes. The motion was seconded by Vice Chairman Mcintyre and passed with a5-Ovote.  ITEM#5-HEALTH DEPARTMENT Presenter: Dennis Joyner, Health Director  A. Budget Amendment #: 2013-02-1 In-House Physical Therapist Position  The Stanly County Health Department's Home Health Program requested approval of budget amendment # 2013-02 to transfer funds from Professional Services and Home Health Fund Balance to Salary & Fringe Benefits to support a full-time in in-house salaried physical therapist. In doing this, the majority of the contracted physical therapy services would be moved to the in-house physical therapist which will allow greater flexibility to more efficiently meet the needs of their clients and in addition see more clients which will generate more revenue. Vice Chairman McIntyre moved to approve budget amendment #2013-02 and was seconded by  Commissioner Dennis. The motion carried unanimously.  B. Consideration of the new Stanly County Animal Control Ordinance  Board consideration was requested in order to establish a public hearing for the new Animal Control Ordinance. With the last revision to the current Animal Control Ordinance taking place in 2001, a new ordinance is needed to better meet the animal control needs of the county. Some of the changes and additions are extensive and include: instituting a civil penalty system for violations of the ordinance; establishing more stringent "dangerous and potentially dangerous" dog requirements; redefining restraint of dogs that does not allow tethering and establishing restrictions on inherently dangerous exotic animals. Due to the scope of these changes and additions, it was requested the Board schedule a public hearing to the new Animal  Control Ordinance.  By motion, Commissioner Lowder moved to schedule the public hearing for the September 4, 2012 commissioners meeting. The motion was seconded by Vice Chairman Mcintyre and  carried with a vote of5-0.  TEM#6-DISCUSSION OF THE SWIFT ISLAND BRIDGE Presenter: Andy Lucas, County Manager  Earlier in the year, the Board took action to have the NC DOT develop an alternative route to maintain the historical Swift Island Bridge as a bicycle/ pedestrian facility as part of the NC  Page 3of5    24/27 road widening project. The alternative route has been designed and the right-of-way cost estimates included for the Board's consideration. After reviewing the right-of-way requirements and fiscal impact, it was requested the Board make a final decision regarding the  County'sa acquisition of the bridge.  By motion, Commissioner Morton moved that the County not take ownership of the bridge. His motion was seconded by Commissioner Lowder and passed by unanimous vote.  ITEM# #7-" "CONNECT OUR FUTURE" MEMORANDUM OF UNDERSTANDING & CONSORTIUM  APPOINTMENTS  Presenter: Andy Lucas, County Manager  The Centralina Council of Governments has requested the Board approve the associated memorandum of understanding and appoint members to the Consortium Program Forum and  Consortium Policy Forum.  By motion, Vice Chairman Mcintyre moved to approve the Memorandum of Understanding for Connect Consortium Membership for Stanly County, NC, and appoint Planning Director Michael Sandy as the primary appointee and County Manager Andy Lucas as the alternate appointee to the Consortium Program Forum. In the same motion, he also moved to approve Chairman Lindsey Dunevant as the primary appointee and Commissioner Tony Dennis as the alternate appointee to the Consortium Policy Forum. The motion was then seconded by Commissioner  Lowder and passed by unanimous vote.  CONSENT AGENDA  A. Minutes- -June 26, 2012 budget workshop and July 9, 2012 regular meeting minutes Commissioner Dennis moved to approve the above consent item as presented and was  seconded by' Vice Chairman Mcintyre. The motion carried witha5-Ovote.  PUBLIC COMMENT  Debra Harvey and Daphne Smith addressed the Board stating the new Animal Control Ordinance needs to provide better protection for its senior citizens from vicious animals and  needs to specifically address concerns with large dogs.  Bill Harwood came forward to comment on the special meeting held by the Board on Tuesday, July 31, 2012. Mr. Harwood stated that after the meeting, he did not have any better understanding of either the Alcoa or AltaGas issues that were discussed. He felt a public  Page 4of5    comment session during the meeting would have helped those in attendance to better  understand the information presented by the Board.  Vanessa Mullinix expressed her concerns stating that no industry will consider coming to Stanly County until the relicensing issue is settled. She also feels that Alcoa is being environmentally responsible for the clean-up of the Badin site and wants to help bring jobs to the site.  Ron Bryant addressed the previous speakers' comments by requesting that supporters of Alcoa goon-line and read about the contamination found at other Alcoa plant sites and reiterated the fact that no jobs have been delivered as promised once Alcoa received the new license to  operate its dams at their other locations. GENERAL COMMENTS & ANNOUNCEMENTS meeting due to the birth of her second child. There were no other comments. CLOSED SESSION  Chairman Dunevant welcomed County Attorney Jenny Furr who was absent from the previous  Vice Chairman Mcintyre moved to recess the meeting into closed session to consult with the County Attorney in accordance with G. S. 143-318.11(a)13) to discuss the 401 water quality permit intervention and APGI's public records requests lawsuit. The motion was seconded by  Commissioner Lowder and passed unanimously at 8:05 p.m.  ADJOURN  There being no further discussion, Vice Chairman Mcintyre moved to adjourn the meeting and was seconded by Commissioner Morton. The motion passed with a 5-0 vote at 8:55 p.m.  Lindsey Dunevant, Chairman  Tyler Brummitt, Clerk  Page 5of5    13A  STANLY COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING MINUTES AUGUST 13, 2012  COMMISSIONERS PRESENT:  Lindsey Dunevant, Chairman Gene Mcintyre, Vice Chairman  Tony Dennis Jann Lowder Josh Morton 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 special session on Monday, August 13, 2012 in the Manager's Conterence Room, Stanly Commons. The meeting was called  to order by Chairman Dunevant at 9:00a.m.  CLOSED SESSION  By motion, Commissioner Dennis moved to recess the meeting to closed session to consult with the County Attorney in accordance with G. S. 143-318.11(a)3) to discuss the 401 water quality permit intervention and APGI's public records requests lawsuit. His motion was seconded by  Vice Chairman Mcintyre and passed by unanimous vote.  ADJOURN  There being no further discussion, Commissioner Dennis moved to adjourn the meeting and was seconded by' Vice Chairman Mcintyre. The motion carried witha5-Ovote at 10:25 a.m.  Lindsey Dunevant, Chairman  Tyler Brummitt, Clerk    (3A  STANLY COUNTY BOARD OF COMMISSIONERS EMERGENCY MEETING MINUTES AUGUST 24, 2012  COMMISSIONERS PRESENT:  Lindsey Dunevant, Chairman Gene Mcintyre, Vice Chairman Tony Dennis Jann Lowder Josh Morton  STAFF PRESENT:  Andy Lucas, County Manager Jenny Furr, County Attorney  CALL TO ORDER  Chairman Dunevant called the emergency meeting of the Stanly County Board of Commissioners (the "Board") to order on Friday, August 24, 2012 at 11:30 a.m. in the  Manager'sConference Room, Stanly Commons.  CLOSED SESSION  By motion, Commissioner Dennis moved to recess the meeting into closed session to consult with the County Attorney in accordance with G. S. 143-318.11(a)3) to discuss the 401 water quality permit intervention. The motion was seconded by Commissioner Mcintyre and passed  with a5-0v vote at 11:31 a.m.  ADJOURN  There being no further discussion, Commissioner Dennis moved to adjourn the meeting and was seconded by Commissioner Mcintyre. The motion passed unanimously at 12:19 p.m.  Lindsey Dunevant, Chairman  Tyler Brummitt, Clerk    131  MEMO TO: FROM: DATE: SUBJECT:  Stanly County Board of Commissioners Pam Blake, Tax Collection Supervisor  August 16, 2012 Release/Refund  lam submitting, on behalf of Mi Fuente Miexican Restaurant. This refund is necessary because of  removing a Late List Penalty. Piease issue the check as follows: NAME ANDA ADDRESS MI Fuente Mexican Restaurant 117 N Central Ave. Locust NC 28097  YEAR 2012  AMOUNT $8.92  The August end of month will refiect $8.92 less. UNDISTRIBUTED 110-2610-200.    DUB.UD  201 S SECOND STREET RM104 ALBEMARLE, NC 28001 ** DUPLICATE RECEIPT **  Assessed Value Exemption Transaction # Amount Cash Check 3916  $8,118 NONE 202716 Time 10:25:08 89.20 .00 98.12  Property DP DEPRECIABLES SECT SCH E10 CLASS FF ASM# 00  045008  E10 FF 000  54.39 LAST 29.22 .90-  TAX STANLY COUNTY TAX WEST STANLY FIRE TAX CITY OF LOCUST CHG DISCOUNT  6.49 PAYMENT Date 8/10/2012  Last Lishrg Habn DAP  XFR FM 2012 100 2088054 ******* PAID IN FULL ********  89.20 89.20  TOTAL STILL DUE REFUND AMOUNT DUE As of District 550 Account 52068  .00  TOTAL TAXES/CHARGES COLLECTED TO DATE MI FUENTE MEXICAN RESTAURANT 117 N CENTRAL AVE LOCUST, NC 28097  8492-  8/15/2012  Receipt 2012 100 2099154 1278240  REAL AND PERSONAL    AUG172 2012    13B  MEMO TO: FROM: DATE: SUBJECT:  Stanly County Board of Commissioners Pam Blake, Tax Collection Supervisor  SSVEDT AUG17 2012  August 16, 2012 Release/Refund  lam submitting, on behalf of Cynthia Lewis refund request. This refund is necessary because of an  overpayment in garnishments. Please issue the check as follows: NAME AND ADDRESS Cynthia Lewis 33733 Rocky River Springs Rd Norwood NC28128  YEAR 2011  AMOUNT $60.29  The August end of month will reflect $60.29 less. UNDISTRIBUTED 110-2610-200.    AGATHINGS  STANLY COUNTY 201 S SECOND STREET RM104 ALBEMARLE, NC 28001 ** RECEIPT OF PAYMENT **  8/03/2012  Property OT OTHER PERSONAL PERSONAL PROPERTY 53530 CHG DOGFEE CHG GARNISHMENT FEE CHG INTEREST  Assessed Value Exemption Transaction # Amount Cash Check 24008 STATE  $0 NONE 194636 124.37 .00 124.37  100 0000001  30.00 THIS 3.77  30.31 PAYMENT Date 8/03/2012 Time 11:05:06  ******* PAID IN FULL ********  TOTAL TAXES/CHARGES COLLECTED TO DATE LEWIS CYNTHIA 33'733 ROCKY RVR SPRGS RD NORWOOD, NC 28128  64.08 TOTAL STILL DUE 64.08 REFUND AMOUNT DUE  .00  60.29  As of District 115 Account 53530  8/03/2012  G  Receipt 2011 100 40978 40978 1  REAL AND PERSONAL        13B  MEMO TO: FROM: DATE: SUBJECT:  Staniy County Board of Commissioners Pam Blake, Tax Collection Supervisor  1535  August 16, 2012 Release/Refund  lam submitting, on behal of Billy and! Margaret Thomas. This refundis necessary because of an  overpayment.  Please issue the check as follows: NAME AND ADDRESS Billy and Margaret Thomas 18578 Pebblestone Circle Locust NC: 28097  YEAR 2012  AMOUNT $9.03  The August end of month will reflect $9.03 less. UNDISTRIBUTED 110-2610-200.    PFESPERMAN  STANLY COUNTY 201 S SECOND STREET RM104 ALBEMARLE, NC 28001 ** DUPLICATE RECEIPT *  Property MH MOBILE HOME 1986 00014 00069 13512 TAX STANLY COUNTY TAX RIDGECREST FIRE CHG SOLID WASTE FEE CHG DISCOUNT CHG LATE LIST Dver pyment  Assessed Value Exemption Transaction # Amount Cash Check 1431  $3,977 NONE 201283 91.22 .00 100.25  26.65 LAST 67.00 1.00- 3.02  3.58 PAYMENT Date 8/13/2012 Time 16:54:17  BILLY WAYNE THOMAS ****** PAID IN FULL ********  TOTAL TAXES/CHARGES COLLECTED TO DATE  99.25 TOTAL STILL DUE  .00  99.25  REFUND AMOUNT DUE As of District 114 Account 53663  9.03  THOMAS BILLY WAYNE & MARGARET 18578 PEBBLESTONE CIR LOCUST, NC 28097  8/13/201.2  Receipt 2012 100 2091326 1279610  REAL AND PERSONAL    A0S17202    MEMOTO FROM: DATE: SUBJECT:  Stanly County Board of Commissioners Pam Blake, Tax Collection Supervisor  August16, 2012 Release/Refund  lam submitting, on behak of. Julian STrail. This refund is necessary because ofal billing error.  Please issue the check as foilows: NAME AND ADDRESS Julian STrail 10633 Willow Oak Rd Norwood NC 28128  YEAR 2012  AMOUNT $67.1.7  The August end ofr month will reflect $67.17 less. UNDISTRIBUTED 110-2610-200.    201 S SECOND STREET RM104 ALBEMARLE, NC 28001 ** RECEIPT OF PAYMENT **  Property BM BOAT AND MOTOR 1998 RIVIERA CRUISER SL 2625 TAX STANLY COUNTY  Assessed Value Exemption Transaction # Amount Cash Check 4021  $1 NONE 196820 67.18 .00 67.18  695  .01 THIS  PAYMENT Date 8/06/2012 Time 8:44:50  XFR FM 2012 100 2098939 ******* PAID IN FULL ********  TOTAL TAXES/CHARGES COLLECTED TO DATE TRAIL JULIAN S 10633 WILLOW OAK RD NORWOOD, NC 28128  .01 .01  TOTAL STILL DUE REFUND AMOUNT DUE As of District 112 Account 28751  .00  67.17  8/06/2012  Receipt 2012 100 2098963 1264154  REAL AND PERSONAL  Billeo IN Eccor        Stanly County Board ofCommissioners  Meeting Date: September 4, 2010 Presenter: Donna Davis  130  STANINY 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 ** Ifyoul have need to use the Document Camera and zoom into: a particular area, ifp 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. AI laser lighti isa available top pinpoint your area ofp projection. *** You can bringi in: a laptop that will allow video out tol be connected at the lectern- set display to 60Mhz.  for County Employees.  ITEM TO BE CONSIDERED  Stanly County Utilities  The North Carolina Department of Commerce, Division of Community Investment and Assistance requires that a Language Access Plan be in place for all North Carolina counties and municipalities receiving Community Development Block Grant (CDBG) funds. Stanly County Utilities is a recipient of these funds and intends to apply for such funds in the future. As a result Utilities is submitting for review and requesting renewal of a Stanly County Language Access Plan for compliance with Title VI of the Civil Rights Act of 1964 and other applicable federal and state laws with respect to people with Limitied English Proficiency (LEP). The last review and approval of this document by the Board of Commissioners occurred on September 9, 2010. No significant  changes have been made.  1) Renew approval of Stanly County Language. Access Plan  Signature: Date: August 21, 2012  Dept. Attachments:  yes Certification of Action Certified tol be at true copy oft the action taken by the Stanly County Board of Commissioners on  X  No  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  X  Tyler Brummitt, Clerk to the Board  Date    Language Access Plan 4-1  Stanly County, North Carolina  The purpose of this Policy and Plan is to ensure compliance with Title VI of the Civil Rights Act of 1964, and other applicable federal and state laws and theiri implementing regulations with respect to persons with limited English proficiency (LEP). Title VIof the Civil Rights Act of1964 prohibits discrimination based on the ground ofr race, color or national origin by any entity receiving federal financial assistance. Administrative methods or procedures, which have the effect ofs subjecting individuals to discrimination In order to avoid discrimination on the grounds of national origin, all programs or activities administered by the County of Stanly (local unit of government) must take adequate steps to ensure that their policies and procedures do not deny or have the effect ofd denying LEP individuals with equal access to benefits and services for which such persons qualify. This Policy defines the responsibilities the agency has to ensure LEP  ord defeating the objectives of these regulations, are prohibited.  individuals can communicate effectively. This policy and plan is effective September 30, 2012.  I.  Scope of Policy  These requirements will apply to the County of Stanly (herein referred to as "the ageney")including: subcontractors, vendors, and subrecipients. The agency will ensure that LEP individuals are provided meaningful access to benefits and services provided through contractors or service providers receiving subgrants from  the agency. II. Definitions  A. Limited English Proficient (LEP) individual - Any prospective, potential, or actual recipient ofbenefits or services from the agency who cannot speak, read, write or understand the English language at a level that permits them toi interact effectively with health care providers and social service agencies. B. Vital Documents - These forms include, but are not limited to, applications, consent forms, all compliance plans, bid documents, fair housing information, citizen participation plans, letters containing important information regarding participation in a program; notices pertaining to1 the reduction, denial, or termination ofs services or benefits, the right to appeal such actions, or that require    ar response from beneficiary notices advising LEP persons of the availability of C. Title VICompliance Officer: The person or persons responsible for compliance D. Substantial number ofLEP: 5% or 1,000 people, whichever is smaller, are potential applicants or recipients of the agency and speak aj primary language  free language assistance, and other outreach materials.  with the Title VILEP policies.  other than English and have limited English proficiency.  III. Providing Notice to LEP Individuals  A. The agency will take appropriate steps to inform all applicants, recipients, community organizations, and other interested persons, including those whose primary language is other than English, oft the provisions of this policy. Such notification will also identify the name, office telephone number, and office List the current name, office telephone number and office address of the Title VI  address ofthe Title VI compliance officer(s).  compliance officers: Stanly County Utilities Donna Davis 10001 N 1St Street Suite 12 Albemarle, NC 28001 (704) 986-3686  (Note: The agency must notify the DCA compliance office immediately of changes in name or contact information for the Title VI compliance officer.) B. The agency will post and maintain signs in regularly encountered languages other than English in waiting rooms, reception areas and other initial points of contact. These signs will inform applicants and beneficiaries oft their right to free language assistance services and invite them to identify themselves as persons needing such Identify areas within the agency where these signs will be posted: Commons Main Hallway Entrance Bulletin Board (next to Commissioner's C. The agency will include statements of the right to free language assistance in Spanish and other significant languages in all outreach material that is routinely  services.  Stanly County Utilities Lobby Bulletin Board  Meeting Room)  disseminated to the public (including electronict text).  2    D. The agency will also disseminate information in the following manner:  Posted on website  IV. Provision of Services to LEP Applicants/Recipients  A. Assessing Linguistic Needs of Potential Applicants and Recipients  1. The agency will assess the language needs oft the population to be served,  by identifying: a. b. C. d. 2.  the language needs of each LEP applicant/recipient the points of contact where language assistance is needed; and the resources needed to provide effective language assistance, including location, availability and arrangements necessary for  timely use. Other (describe):  Determining the Language Needs of the Population to be Served The agency is responsible for assessing the needs oft the population to be served. Such assessment will include, but not be limited to the following: The non-English languages that are likely to be encountered ini its  a.  program will be identified.  b. An estimate oft the number of people in the community for whom English is not the primary language used for communication will be completed and updated annually. To identify the languages and number OfLEP individuals local entities should review:  i.  census data ii. school system data  iii. reports from federal, state, and local governments iv. community agencies' information, and  V.  data from client files vi. Other (specify):  C.  The points of contact in the program or activity where language assistance is likely to be needed will be identified.  3    3.  Determining the Language Needs of Each Applicant/Recipient The agency will determine the language needs of each applicant/recipient. Such assessment will include, but not be limited to the following: At the first point of contact, each applicant/recipient will be assessed to determine the individual's primary language.  a.  Check all methods that will be used:  multi-language identification cards, a poster-size language list, or the use of"I speak" peel-off language identification cards fori indicating preferred languages English proficiency assessment tools, provided they can be administered in a manner that is sensitive to and respectful  ofindividual dignity and privacy Other(describe):  b.  Ifthe LEP person does not speak or read any of these languages, the agency will use a telephone interpreting service to identify the Staff will not solely rely on their own assessment of the applicant orr recipient's English proficiency in determining the need for an interpreter. Ifan individual requests an interpreter, an interpreter willl be provided free of charge. A declaration of the client will be When staff place or receive a telephone call and cannot determine what language the other person on the line is speaking, a telephone interpreting service will be utilized in making the determination. Ifany applicant/recipient is assessed as LEP, they will be informed ofinterpreter availability and their right to have a language interpreter at no cost to them with ai notice in writing in the languages identified in Section C. Provisions of Written  client's primary language.  C.  used to establish the client's primary language.  d.  e.  Translations.  B. Provision of BilingualInterpretive Services  4    1. The agency will ensure that effective bilingual/interpretive services are provided to serve the needs oft the non-English speaking population. The provision of blingual/interpretive services will be prompt without undue delays. In most circumstances, this requires language services tol be This requirement will be met by utilizing the services oft two Spanish speaking interpreters employed in our Social Services Department to meet 2. The agency will provide language assistance at all level ofinteraction with  available during all operating hours.  the needs of customers.  LEP individuals, including telephone interactions.  Stanly County also has a standing agreement with Fluent Language Solutions for "pay-as-you-go" telephone interpreter services in the event that our interpreters aren'tavailable or for other languages required by our  customers. Interpreter Standards  3.  a.  Those providing bilingual/interpretive services will meet the linguistic and cultural competency standards set forth below. The agency will ensure that interpreters and self-identified bilingual staff, have first been screened to ensure that the following standards are met before being used for interpreter services:  i.  Can fluently and effectively communicate in both English and the primary language oft the LEP individual ii. Can accurately and impartially interpret to and from such iii. Has a basic knowledge ofs specialized terms and concepts used frequently in the provision oft the agency's services Understands the obligation to maintain confidently vi. Understands the roles ofinterpreters and the ethics associated with being an interpreter  languages and English  iv. Demonstrates cultural competency  V.  Stanly County will ensure the competency of bilingual staff and interpreters on review oft this plan and as needed according to the standards list above. The language access compliance officer responsible for this plan will also conduct the review of bilingual  staff competency.  5    b.  When staff members have reason to believe that an interpreteri is not qualified or properly trained to serve as an interpreter, the staff  member will request another interpreter. Using Family Members or Friends as Interpreters  4.  a.  Applicants/ecipients may provide their own interpreter; however  the agency will not require them to do SO.  b. The agency will first inform an LEP person, in the primary  language oft the LEP person, oft the right to free interpreter services and the potential problems for ineffective communication. Ifthe LEP person declines such services and requests the use ofa family member or friend, the agency may utilize the family member or friend to interpret only ift the use ofsuch person would not compromise the effectiveness or services or violate the LEP person'so confidentiality. The agency will monitor these interactions and again offeri interpreter services, ifit appears there The agency will indicate in the LEP individual's file that an offer ofinterpreter services was made and rejected; that the individual was informed of potential problems associated with using friends or family members and the name oft the person serving as an interpreter at the LEP individual's request. Only under extenuating circumstances shall the agency allowa minor (under the age of18 years) to temporarily act as an interpreter. The agency willl keep a written record of when it has used a minor as an interpreter, and this information will be shared  are problems with this arrangement.  C.  d.  with the DCA upon request.  5. The agency will not require the applicantrecipient to pay for  bilingual/nterpretive services.  C. Provision of Written Translations  1. The agency must provide written materials in languages other than English where a substantial number or percentage oft the population eligible to be served or likely to be directly affected by the program needs services or information in al language other than English to communicate effectively.  2.  Translation of Vital Documents    a. b.  The agency will ensure that vital documents for locally designed When DCA forms and other written material contain spaces in which the local entity is to insert information, thisi inserted information will also bei in the individual's primary language. When such forms are completed by applicants/recipients in their primary language, the information must be accepted. If, as a result oft the local language assessment, it appears there are a substantial number of potential applicants or recipients ofthe agency (defined as 5% or 1,000 people whichever is less) who are LEP and speak al language other than Spanish, the agency will translate and provide vital documents in the appropriate language. The agency will keep a record of all vital documents translated, and will submit this information to DCA at their request.  programs are translated into Spanish.  C.  d.  3. Ifthe primary language of an LEP applicant or recipient is a language other than Spanish AND the language does not meet the threshold for translation as defined in the preceding paragraph, the LEP individual will be informed in their own language oft the right to oral translation of written notices. The notification will include, int the primary language ofthe applicant/recipient, the following language: IMPORTANT: IF YOU NEED HELP IN READINGTHIS, ASK THE AGENCY FOR AN INTERPRETER TO HELP. ANI INTERPRETER IS AVAILABLE FREE  OFCHARGE.  D. Documentation of Applicant/Recipient Case Records  1. The agency will maintain case record documentation in sufficient detail to permit a reviewer to determine the agency's compliance with this policy. 2. The agency will ensure that case record documentation, including computerized records ifa appropriate, identifies the applicants/ecipient's ethnic origin and primary language. In those cases where the applicant/recipient is non-English speaking, the agency will:  a. b.  Document the individual's acceptance or refusal of forms or other written materials offered in the individual's primary language. Document the method used to provide bilingual services, e.g., assigned worker is bilingual, other bilingual employee acted as interpreter, volunteer interpreter was used, or client provided interpreter. When a minor is used as interpreter, the agency will document the circumstances requiring temporary use ofa minor  7    and will provide this information to DCA upon request. Consent for the release ofinformation will be obtained from applicants/recipients when individuals other than agency employees are used as interpreters and the case record will be SO documented.  3.  E. StaffI Development and Training  1. The agency will provide stafftraining at new employee orientation and continuing training programs. The training will include, but not be limited a. Language assistance policies and procedures, resources available to support such procedures, methods ofeffective use ofinterpreters, and familiarization with the discrimination complaint process. b. Cultural awareness information, including specific cultural characteristics oft the groups served by the agency to provide a better understanding of, and sensitivity to, the various cultural groups to  to:  ensure equal delivery of services.  2. The agency will provide or ensure training is provided for bilingual staff and interpreters employed or utilized by the agency. This includes the ethics ofinterpreting, including confidentiality; methods ofinterpreting; orientation to the organization; specialized terminology used by the The agency will ensure that applicable grantees, contractors, cooperative agreement recipients and other entities receiving state or federal dollars Training information will be provided in written form to all applicable grantees, contractors, cooperative agreement recipients and other entities The agency will collect and maintain the following information about training provided to staff: the date(s) ofsuch training, the content of such training, the number and types of credit hours awarded; and the names and identifying information of each attendee at the training. The agency will ensure that grantees, contractors, cooperative agreement recipients and other applicable funded entities collect and maintain such information as  agency; and cultural competency.  3.  are trained in the requirements oft this policy.  receiving state or federal dollars.  4.  well.  8    V. Compliance Procedures, Reporting and Monitoring  A. Reporting  1. The agency will complete an annual compliance report and send this  report to DCA.  (Format will be supplied by DCA)  B. Monitoring  1. The agency will complete a self-monitoring report on a quarterly basis, using a standardized reporting system providing by the DCA. These reports will be maintained and stored by the Title VI compliance officer  and will be provided to the DCA upon request.  2. The agency will cooperate, when requested, with special review by the  DCA.  VI. Applitant/Recipient Complaints of Discriminatory Treatment  A. Complaints 1.  The agency will provide assistance to LEP individuals who do not speak orv write in English ift they indicate that they would like to file a complaint. Ac complaint will be filed in writing, contain the name and address oft the person filing it or his/her designee and briefly describe the alleged 2. The agency will maintain records ofa any complaints filed, the date of 3. The agency will notify the appropriate agency or Division within DCA of complaints filed the date of filing, actions taken and resolution. This information will be provided within 30 days of resolution.  violation oft this policy.  filing, actions taken and resolution.  B. Investigation  1. The DCA Compliance Office will conduct an investigation oft the allegations of the complaint. The investigation will afford all interested persons and their representatives, ifany, an opportunity to submit  evidence relevant to the complaint. extenuating circumstances.  2. The investigation will not exceed 30 days, absent a 15-day extension for  C.  Resolution of Matters  9    1. Ifthei investigation indicates a failure to comply with the Act, the local unit of government, agency Director or his/her designee will so inform the recipient and the matter will be resolved by informal means whenever Ifthe matter cannot be resolved by informal means, then the individual will be informed ofh his or her right to appeal further to the Department of Justice. This notice will be provided in the primary language ofthe Ifnot resolved by DCA, then complaint will be forwarded to DOJ, HUD  possible within 60 days.  2.  individual with Limited English Proficiency.  3.  Field Office.  SUBMITTED AND APPROVED BY:  Lindsey Dunevant Name of Chairman of Board  Signature of Chairman of Board  September 4, 2012  Date  10    Stanly County Board of Commissioners  Meeting Date: September 4, 2012  X13D  David Griffin  STANIN COUNTY  Presenter:  Consent Agenda Regular Agenda  Presentation Equipment: Lectern PC* Lectern' VCR Lectern DVD LJ Document Camera** Laptop*** *PCise equipped with' Windows XP and! Microsoft Office XP (including' Word, Excel, and PowerPoint), Internet connectivity and Network connectivity **I Ifyoul have need to use thel Document Camera and: zoomi into a particular area, if possible please attachac copy oft the document the: area  Please Provide al Brief Description ofyour Presentations format: that you need toz zoomi into. Alaser lighti isa available to pinpoint your area ofp projection. *** You can bringi ina a laptop that will allow video out to be connected at the lectern- set display to 60Mhz.  for County Employees.  with  indicated  ITEM' TOE BE CONSIDERED  Talbert & Bright, Inc. Work Authorization # 3803-1203 in the amount of $166,666.67 for engineering and planning services for preparation of the 35% complete contract drawings for the  proposed extension of] Runway 22L (1,000' X: 100').  Request board of commissioners concur with Stanly County Airport Authority in approving this work authorization. Funds to pay for this come from NC Division of Aviation Grant #36237.50.13.2 in the amount of $150,000. The local match ofs $16,667 was appropriated in the airports current operations budget sO no additional funding is required at this time.  Dept. Airport Attachments:  Date: August21,2012  Yes X Certification of Action Certified tol be a true copy oft the action taken by the Stanly County Board of Commissioners on  No  A  Review Process  Approved Yes No Initials  Finance Director County Attorney County Manager Other:  Budget Amendment Necessary  Tyler Brummitt, Clerk to the Board  Date    STANLY COUNTY AIRPORT NEW: LONDON, NORTH CAROLINA WORK AUTHORIZATION 1203 PROJECT NO.: TBI NO. 3803-1203  August 7, 2012  Itis agreed to undertake the following work in accordance with the provisions of our  Contract for Professional Services.  Description of Work: Engineering and Planning Services for preparation of the 35 percent complete contract drawings for the proposed extension of Runway 22L (1,000' X 100') for the Stanly County Airport in accordance with the Master Contract. Estimated Time Schedule: Work shall be completed in accordance with the schedule Cost of Services: The method of payment shall be on a lump sum basis in accordance with Section V, Paragraph Al and B will apply; specifically basic services of the Work Authorization will be a lump sum of $163,632.00. Special services shall be performed on anot-to-exceed basis with a budget of $3,034.67, which includes reimbursable expenses. The total value of this Work Authorization shall not exceed $166,666.67 without  established and agreed upon by the Owner and Engineer.  additional authorization.  Agreed as to Scope of Services, Time Schedule, and Budget:  OWNER: AUTHORITY  ENGINEER: TALBERT, BRIGHT & ELLINETONAINC. Cpe  STANLY COUNTY AIRPORT MIE L -  BY: Chairman TITLE: skle 8  Vice President TITLE: ok/2i/12 DATÉ: WITNESS:  SRune Ch  dp  Talbert, Bright & Ellington, Inc.  3803-1203    IMAA ALNOOA NIww mna AMaDnG 0 N Jo0o  HON.DIVL  A    9  -  - -  Talbert, Bright & Ellington, Inc.  3803-1203 2    SLMMARY OF FEES RUNWAY ENTENSIONI DESIGN STANLYCOUNTY, AIRPORT NEW LONDON, NORTHCAROLINA NCDOT GRANTI NO: TBI PROJECTNO:: 3803-1203 August6, 2012  DESCRIPTION BASICSERVICES DESIGNI PHASE(04) BIDDINGI PHASE (05) EXPENSES SUBCONSULTANTS  ESTIMATED COST 130,176.00 163,632.00 3,034.67 3,034.67 166,666.67  PROJECTE FORMULATION: DEVELOPMENT, PHASE(01) $ 33,456.00 CONSTRUICTION, ADMNISTRATONPIAECS,  SU'BTOTAL SUBTOTAL TOTAL  Talbert, Bright & Ellington, Inc.  3803-1203 3    MANHOURI ESTIMATE RLNWAYE EXTENSIONDESIGN STANLYCOUNTY, AIRPORT NEWI LONDON. NORTH CAROLINA NCDOTGRANTNO: TBIF PROJECTNO: 3803-1203 August 6.3 2012 POKCTFAMILATOKIENEOAIENTMASEN DESCRIPTION Preliminary projecti review w' Owner Preliminary project devel. wOwner Developprojects scope' cotract Coordinatew Subconsultants Detemmine project approad: Developprelminaty estimate MANHOLRTOTAL DIRECTLABORI EXPENSES: CLASSIFICATION Principal Project Manager Senior Planner Engineer V Engincer II EngineerlI Engineerl TechnicianV Techmicianll Admin. AssistantIy Admin. Assistantlll SL'BTOTHL DIRECTENPENSES EXPENSEL DESCRIPTION Telcphone Postage Miscellaneous expenses (prints. faxes copics) Travel SUBTOTHL  PRIN PM SP E6 EI E2 EI TS 73 ADS AD3 $168 $158 $125 $142 $108 $"8 $68 $98 $69 $74 $53  0  BILI. EST. EST. RATE MHRS COST PRIN 16S 40 6,720 PM 158 68 SP 125 32 4.000 E6 142 108 68 344 78 12 68 98 ADS AD3 Total  936 4"6 1.32 828 1.036 $33,456.00  UNIT UNIT EST. EST. RATE UNITS COST LS LS LS S LS 200  50 100 150 200  SCOPE CENICNTACIDSAIES  EXPENSET DESCRIPTION UNIT UNIT EST. EST.  RATE UNITS COST  NTE NTE $  SUBTOTAL TOTALPRELNIMARYCOST:  $33,956.00  Talbert, Bright & Ellington, Inc.  3803-1203 4    MANHOURI ESTIMATE RUNWAY EXTENSIONI DESIGN STANLYCOUNTY, AIRPORT NEWLONDON. NORTHCAROLINA NCDOT GRANTNO: TBIP PROJECTNO:: 3803-1203 August6,2 2012. DESIGNPHASE(ON) DESCRIPTION PLANS Cover Sheet Quantiticsa ando General Notes Phasing &s Safety Plan Phasing! Notesa andDetails DemolitionF Plan Clearing: andGrubbing! Plan Geometric Plan Grading: andD Drainage Plan Sediment: andErosion ControlP Plan Sediment: andE Erosion Control Details Drainagel Dctails Centerlinel Profiles Typicals Sectionsa andP Pavement Details Temporary' Marking: andR RemovalPlan Marking! Plan Marking Notesa andDetails EdgeLighting's SignageL Layoul Plan EdgeLighting's Signage Circuiting Plan Electricall Details ands Signs Schedule Electrical VaultN Modifications! Plan Glideslopes Site Plan Glideslope Sitel Layouta andGroundP Plan Glideslope Tower Foundation Details Glideslope Antennal Tower Installation Details Glideslope Shelter FoundationI Details Glideslopes Shelter Power Plana andDetails Glideslope Towerl Lightning Protectionl Details Glideslope Tower Climbing System Details Miscellaneous Details Coordinationwith Owner, NCDOT. NCANG Pre-Design GPatedlmialComliuation Pre-Design Survey Coordinatin Pre-D Design Meetingy with OMmerNCDOTNCANG Property Acquisitionl Identification-/ Approach Phasinga ands Safety Design Geometricl Design Grading Design Drainage Design Pavement Design Erosion Control Design Electricall Design Electrical Vaulin Mod'sDesign Glideslopel Design Perform Airspace Evaluationf fromE Existingl Info. FAAN NAVA AID's Relocation Coord Instrument Approachl ProcedureCoord. Quantitiesa andConstruction! Estimates  PRIN PM SP E6 $168 $1 158 $ 125 $ 142 108  E2 El TS  ADS AD3  Talbert, Bright & Ellington, Inc.  3803-1203 5    MANHOURI ESTIMATE RUNWAY EXTENSIONDESIGN STANLYCOUNTY, AIRPORT NEW1 LONDON. NORTHCAROLINA NCDOTO GRANTNO: TBIP PROJECTNO: 3803-1203 Augus6.2 2012 DESIGNPHASEIOND Preliminary Engincering Report FinalEnginceringl Report Specifications Design Revicw Mectings Quality Assurance Plan Revisions MANHOUR TOTAL PIRECTLADORENFINES CLASSIFICATION Principal Projecin Manager Senior Planner Engincer V Enginecr I Engincer! II Engineer Tednician Tedinician! II Admin. Assisiant! IN Admin. m SUBTOTAL DIRECTEXPENSES EXPENSE DESCRIPTION rclephonc Postage Miscellancous expenses Travel (prints. faxes. copics) SLRTOTAL SCOPE EAUCAIEACIDSINS ENPENSE DESCRIPTION SLBTOTAL TOTALDISIGNCOST  181  120 BILL EST. EST. RATE MIIRS COST 168 13,07 158 181 28.598 125 142 120 17,010 108 274 29,592 78 28 2.184 68 272 98 284 27.832 146 10.074 1.480 Total 1.135 13016.00 UNIT UNIT EST. EST. RATE UNITS COST LS 00 I00,00 LS - S 500 500.00 LS $ 934.67 934.67 LS 1.000 1.000.00 2.334.67 UNIT EST. RATE UNITS NTE 1.00 NTE S 1.00 132.710.67  PRIN PM SP F6 E4 E2 El TS T3 ADS AD3 $  FST. COST  Talbert, Bright & Ellington, Inc.  3803-1203 6    This instrument has been preaudited in the manner required by the local Government Budget and  Fiscal Control Act.  STANLY COUNTY FINANCE DIRECTOR  By: Title: Date:  NC Division of Aviation Grant #36237.50.13.2 TBI Work Authorization 3803-1203 35% Design of Extension of Runway 22L(1,000'X100)