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HomeMy WebLinkAbout080210mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting August 2, 2010 The Harnett County Board of Commissioners met in regular session on Monday, August 2, 2010, in the Commissioners Meeting Room, County Administrative Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice - Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight W. Snow, County Attorney Sylvia Blinson, Finance Officer Gina Wheeler, Clerk Chairman McNeill called the meeting to order at 7:00 p.m. Commissioner Burgin led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. The contract amendment between Bragg Communities, LLC and County of Harnett relating to the transfer of ownership of school service lines within the Northern Training Area was removed from the consent agenda. Commissioner House requested to remove the following items from the consent agenda for discussion purposes 1) Harnett County Public Utilities requests the Board to award the FY 2010 -11 chemical contracts and 2) Harnett County Public Utilities requests approval of an engineering amendment for Marziano & McGougan of $410,000 for design and permitting associated with the planned expansion of the Harnett Regional Water Plant. Requested to be added to the consent agenda for consideration were 1) reclassification request by the Sheriff s office, 2) reclassification request by the Register of Deeds, 3) approval requested to apply and accept NCACC Wellness Grant by Human Resources and 4) authorization requested to apply for 2011 CAMPO STP -DA monies by Planning Services. Commissioner Burgin moved to accept the requested changes and approve the publish agenda as amended. Commissioner Andrews seconded the motion which passed unanimously. Vice Chairman Hill moved to approve the following items on the consent agenda as amended. Commissioner Andrews seconded the motion which passed unanimously. 1. Minutes: June 21, 2010 Regular Meeting Harnett County Board of Commissioners August 2, 2010 Regular Meeting Minutes Page 1 of 9 2. Budget amendments: 5 Public Utilities Department Code 531- 9000 - 431.90 -76 WTP Expansion 410,000 increase 531- 0000 - 399.00 -00 Fund Balance Appropriated 410,000 increase 6 Public Utilities Department - PU0705 WTP Expansion Capital Project Code 569 -9100- 431.45 -30 Marziano & McGougan- Engineering /Technical 410,000 increase 569- 0000 - 389.50 -00 HCDPU Interfund Transfer 410,000 increase 7 Public Utilities Department — PU0704 Ft Bragg Water and WW Code 568- 9100 - 431.45 -20 Legal and Administrative 568- 9100 - 431.43 -16 Maintenance & Repair Equipment 568- 9100- 431.45 -80 Contingency 9 Health Department Code 110- 7500- 441.12 -00 110- 7500 - 441.22 -00 110- 7500 - 441.23 -00 110- 7500 - 441.26 -08 110- 7500- 441.33 -45 110- 7500- 441.60 -49 110- 7552 - 441.33 -45 110- 0000 - 331.77 -03 110- 0000 - 331.75 -52 10 Health Department Code 110- 7600 - 441.55 -12 110- 7600 - 441.58 -01 110- 7600 - 441.60 -33 110- 7600 - 441.60 -46 110- 0000 - 334.76 -05 110- 0000 - 334.76 -04 Part Time Salaries FICA Retirement Worker's Comp Contacted Services Materials & Supplies for site Contracted Service Title III — Home & Community HCCBG Nutrition Printing Training Materials & Supplies Medical Supplies Lead Poisoning Prevention Environmental Health State 12 Parks & Recreation Department Code 110 - 0000 - 331.82 -03 Senior Center 110- 0000 - 399.00 -00 Fund Balance 14,000 decrease 214,000 increase 200,000 decrease 3,192 increase 244 increase 206 increase 74 increase 111 ,791 increase 500 increase 8,500 increase 116,007 increase 8,500 increase 600 decrease 830 decrease 490 decrease 200 decrease 600 decrease 1,520 decrease 8,302 increase 8,302 decrease 14 Public Utilities Department Code New Interfund Transfer to WW Master Plan Project 266,000 increase 531- 0000 - 399.00 -00 Fund Balance Appropriated 266,000 increase Harnett County Board of Commissioners August 2, 2010 Regular Meeting Minutes Page 2 of 9 15 Health Department Code 110 - 7600 - 441.41 -11 110- 7600 - 441.43 -16 110- 7600 - 441.58 -01 110- 7600 - 441.60 -33 110- 7600 - 441.60 -46 110- 7600 - 441.60 -47 110- 7600 - 441.74 -74 Telephone and Postage Maint & Repair Equipment Training Materials & Supplies Medical Supplies Food & Provisions Capital Outlay 19 General Services Department Code 110 - 4600- 410.43 -21 Maintenance & Repair Vehicles 110- 0000 - 356.30 -00 Insurance Reimbursement 20 Social Services Department Code 110- 7700 - 441.11 -00 Salaries and Wages 110- 7700 - 441.33 -49 Contracted Service CSE 3. Tax refunds and releases (Attachment 1) 6,457 decrease 400 decrease 200 decrease 3,000 decrease 2,457 decrease 400 decrease 12,914 increase 2,370 increase 2,370 increase 46,800 increase 46,800 decrease 4. The Planning Department requested approval to accept the Assistance Policy for the 2010 cycle of the Single Family Rehabilitation Program, the agreement for professional services between L.E. Wooten and Company d/b /a The Wooten Company and the County of Harnett. They also requested approval of the post approval documentation (PAD) packet and the procurement policy. This grant encourages the comprehensive rehabilitation of existing, moderately - detonated, single - family owner- occupied housing units occupied by lower income (less than 80% area median income) households with one or more elderly or disabled fulltime household members or owner - occupied units with lead hazards and a child six years old or younger. The initial grant amount is $200,000 with the opportunity to receive additional monies if the first $120,000 is expended in a timely manner There is no required match. 5. The IT Department requested approval for a sole source purchase of additional licenses of ExecuTime Time and Attendance software in the amount of $15,000. The justification is that this company is the only authorized 3`d party provider of time and attendance software that is compatible with our existing Payroll software — Sunguard HTE. This purchase will extend the software to all employees making it an enterprise -wide automated system. Human Resources and the Finance Department support this project. 6. The Library requested authorization for the Children's Librarian to apply for State Library of NC Library Services & Technology Act grant — NC Library STARS (Service to All — Rural & Small). The grant funds help public library staff members attend the 2010 Joint Conference of the Association for Rural & Small Libraries (ARSL) and the Association of Bookmobile and Outreach Services (ABOS) in Denver, Colorado, Harnett County Board of Commissioners August 2, 2010 Regular Meeting Minutes Page 3 of 9 October 14 —16, 2010. The grant will reimburse libraries up to $1,400 for conference registration, hotel lodging and airfare. The applicant will be responsible for meals, transportation to and from airport, parking and other expenses. 7. The Library requested permission to donate withdrawn books to be sold along with the donations to the Friends of the Library for their book sale. Periodically The Friends of the Harnett County Library hold book sales of items donated to the library that the library cannot use. 8. Public Utilities requested approval of the NC Water and Wastewater Agency Response Network (WARN) agreement. The WARN initiative establishes a process for peer -to- peer mutual aid to provide rapid, short-tenii deployment of emergency assistance to restore critical operations for NC public or private water and wastewater systems. 9. Emergency Services, on behalf of the Bunnlevel Volunteer Fire District Board of Directors, requested approval of a change in their budget management practices. The fire department has funds in Certificates of Deposit that can be used to pay off this debt and save the department the $3,217.56 that will accrue over the life of the loan after 9 -1 -10. The interest saved would help offset the loss of funds in the current year's budget. The 4.48% interest charged on the loan is much more than the 1.75% interest earned on the Certificates of Deposit. 10. The Transportation Division within General Services requested approval of the Certified Statement for the FY2011 Rural Operating Assistance Program (ROAP). ROAP is state - funded and formula- based, administered by the North Carolina Department of Transportation, Public Transportation provides funding for the operating cost of passenger trips and for other transportation services for counties within the state. 11. The Carolina Lakes Property Owners' Association requested approval of a change in speed limit on Carolina Way within Carolina Lakes. NC G.S. Session Law 2005 -260 House Bill 601 states any proposed change in speed limit shall be submitted to and approved by the Board of Commissioners of Harnett County. Pursuant to G.S. 20 -141, the Harnett County Board of Commissioners may authorize by ordinance higher or lower speeds. 12. The Legal Department, on behalf of Harnett County Emergency Management, requested approval of the Agreement for Monitoring and Supervision Services of Debris Management and Removal by and between County of Harnett and Beck Disaster Recovery, Inc. 13. The Legal Department, on behalf of Harnett County Emergency Management, request approval of the Agreement for Professional Debris Management and Removal Services, Inc. by and between County of Harnett and Unified Recovery Group, LLC. Harnett County Board of Commissioners August 2, 2010 Regular Meeting Minutes Page 4 of 9 14. Human Resources, on behalf of the Sheriffs Department, requested reclassification to implement desired reorganization. Reclassification: Detective Captain Grade 77 to Major (Operations) Grade 78. The Sheriff's Office will absorb increase within existing budget for associated salary increase. 15. Human Resources, on behalf of the Register of Deeds, requested reclassification to implement desired reorganization. Reclassification: Chief Deputy Register of Deeds Grade 62 to Assistant Register of Deeds Grade 63. Due to lapse salaries, there are funds within existing budget for associated salary increase. The Register of Deed also requests that the salary increase by made retroactive to July 1St 16. Human Resources requested approval to apply for a Wellness Grant provide by North Carolina Association of County Commissioners (NCACC). If approved and upon acceptance of the grant, the County could receive a maximum of $5,000 in funds to be put towards its Employee Wellness Program to be used on a twelve month cycle. If approved and upon acceptance of the grant, Human Resources will ensure that the terms of the Wellness Grant are met which include a smoking cessation aspect, Wellness Program must begin within 90 days and each grant submission must have a new program element from year to year. 17. Planning Services requested authorization to apply for 2011 Capital Area Metropolitan Planning Organization (CAMPO) STP -DA Bicycle/Pedestrian /Transit Non - Competitive & Competitive monies. The monies available for the non - competitive program are for federal fiscal years 2011; 2011 funds are available October 1, 2010. Each member jurisdiction was allocated a specific amount toward the program over each of the past five(5) years. These funds have been held up by CAMPO but the organization has now moved to distribute them. The non - competitive monies are awarded based on merit of the project, according to rating schedule established by the organization. The Board of Commissioners has already authorized grant acceptance of these same monies for fiscal year 2006 -2010. Subsequent to staff making the authorization request and application submittal, CAMPO staff advised that they would no longer be continuing this program after FY 2011. Therefore, any member jurisdiction interested in obtaining allocated FY 2011 monies must do so at this time. Staff is requesting to apply for $24,950 plus a 20% local match, to use as an addition to the project at the Harnett Central Campus. Chaiiinan McNeill opened the floor for informal comments by the public, allowing 3 minutes for each presentation up to 30 minutes. Mr. Lewis Bell of 107 Circle Drive in Dunn asked what citizens could do, in conjunction with other efforts, to help in the building of needed schools in Harnett County. Chairman McNeill said he believes every citizen in Harnett County should be contacting all of their elected officials including the governor. Harnett County Board of Commissioners August 2, 2010 Regular Meeting Minutes Page 5 of 9 Commissioner Andrews moved to approve the appointments listed below. Vice Chairman Hill seconded the motion and it passed unanimously. Adult Care Home Community Advisory Committee Dominique Wiley (nominated by Commissioner House) appointed for a tenul of one year which will expire July 31, 2011. Renee Ellmers (nominated by Commissioner House) reappointed for a term of three years which will expire July 31, 2013 Dangerous Dog Committee Dr. Janice Batker (nominated by Commissioner House) reappointed for a term of three years which will expire July 31, 2013. Harnett County Planning Board Peggy McDougald (nominated by Vice Chairman Hill) appointed for a term of three years which will expire July 31, 2013 The Sandhills Antique Farm Equipment Club presented their annual report to the Board of Commissioners as required in their lease agreement with the County. Mr. Alvin McArtan, President, distributed hats to the commissioners and introduced members Jerry McDonald as Vice - Chairman, Donald Thomas as Treasurer, Tom Steves, Bill King, Claude Tweed, Harry Koerner and Debra Morgan as Secretary. Mr. McArtan noted there are approximately 50 families in the club which was established 10 years ago. Mr. McArtan said it is the intent of the club to preserve southern agricultural heritage, restoration and display of antique farm equipment and provide fun and educational family activities in Harnett County and throughout the state. Mr. Bill King and Mr. Donald Thomas reported on the clubs activities, progress and future plans. Mr. Sauer noted that Mrs. Lisa Talley, Area Loan Specialist with Rural Development of the United States Department of Agriculture (USDA), would join the Board on August 13, 2010, to present loan letters of conditions for the proposed schools. Mr. Sauer said the package currently being considered by USDA includes a high school at $53.8 Million, two middle schools at roughly $31 Million each and an elementary school at $20.9 Million. He said these loan estimates are worst case scenario. He reported that competition for these funds is significant and the Board of Education was recently asked to prioritize their projects if funds are not available for all. The Board believes the two middle schools are highest priority at this time. Chairman McNeill called to order a public hearing regarding the Harnett County Board of Commissioners' desire to secure loans from the USDA to obtain sufficient funds to construct schools in Harnett County. There being no comments, Chairman McNeill closed the public hearing. Harnett County Board of Commissioners August 2, 2010 Regular Meeting Minutes Page 6 of 9 Mark Locklear, Manager, Planning Services, presented a zoning change request for Blaylock Grading Company, NC Hwy 210N, 1.84 +1- acres, From RA -30 to Commercial Zoning District, Neill's Creek Township. Mr. Locklear noted that a public hearing was held by the Planning Board on Tuesday, July 6, 2010. The Planning Board unanimously recommended approval of the request upon finding that the rezoning is reasonable and is based on all findings of fact being found in the affirmative. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Mr. David McCrae, Attorney, spoke on behalf of Blalock Grading Company, and the proposed zoning change. Mr. Lynn Crinshaw of 78 Tripp Road spoke in favor of the proposed zoning change. Mr. James Blalock, applicant, also spoke in support of his request for the property he purchased in 2001. Mr. Robert Morgan, owner of adjourning property which wass his homeplace, spoke against the rezoning request. Mr. James Gray of Dunn spoke on behalf of Mr. Morgan and against the proposed rezoning. Mrs. Nancy Morgan Brady, who is the care -taker for Mr. Morgan's property, spoke against the rezoing request. Mr. Joe Wynn, who currently occupies Mr. Morgan's homeplace also spoke against the rezoning request. Last, Mr. Jim Davidson spoke against the rezoning request and suggested that the Board might consider preserving the historical character of the property. Mr. Morgan distributed photos to the commissioners of property near Fort Bragg currently owned and operated by Mr. Blalock. Mr. Morgan also suggested that Chairman McNeill recuse himself from voting on the request. Mr. Morgan noted that he had met with the County Manager, Staff Attorney and County Attorney earlier in the day. During the public hearing it was confirmed that Mr. Morgan did receive notice of the public hearing held by the Planning Board. Hearing no further comment Chairman McNeill closed the public hearing. Commissioner House asked Mr. Snow to review the process at which time Mr. Snow confirmed that the process and procedures followed were correct. He stated this proceeding is not quasi-judicial and that Mr. Morgan is referencing the wrong resources. Commissioner Burgin state he believes the impact to the adjacent property owners and surrounding community is reasonable, the requested zoning district is compatible with the existing land use clarification, the proposal does enhance or maintain the public health, safety and general welfare and the request is for a small scale rezoning. The Planning Board considered and found Small Scale Rezoning reasonable. Commissioner Burgin moved to approve the rezoning request based on the Planning Board recommendation and finding of fact. Chairman McNeill seconded the motion which passed four to one. Harnett County Board of Commissioners August 2, 2010 Regular Meeting Minutes Page 7 of 9 Mark Locklear, Manager, Planning Services, presented a zoning change request for H.M.'s Kids, Inc., Applicant: Bob Brantley, 3035 Hwy 87S, 6.54 + /- acres, RA -30 to Commercial Zoning District, Barbecue Township. This request had been tabled at the request of the applicants on January 19, 2010. The Planning Board unanimously recommended approval of the request upon finding that the rezoning is reasonable and is based on all findings of fact being found in the affirmative. Mr. Locklear did note this requested change had been brought before the Board in January 2010 where it was tabled at the request of the applicant. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Mr. Bob Brantley spoke in support of the request. He noted that they do have issues with the county parking ordinance and would be going before the Board of Adjustment. Hearing no further comment Chairman McNeill closed the public hearing. Chairman McNeill moved to approve the zoning change as presented. Commissioner Burgin seconded the motion which passed unanimously. Mr. Ralph Thurman, Transportation Manger, noted that a public hearing is required by the State and Federal regulations to allow input from Harnett County residents on the Rural Operating Assistance Program for fiscal year 2010 -2011. Commissioner Burgin requested additional information regarding the Harnett Area Rural Transit System including percentages of budget, clients and utilization for the past two years. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Ms. Peggy McDougald of Buies Creek requested the same information as did Commissioner Burgin. There being no further comments, Chairman McNeill closed the public hearing. Public Utilities requested the Board to award the FY 2010 -11 chemical contracts. Mr. Ward said he did believe these awards were time sensitive as previous year purchase orders have been extended. Commissioner House stated that he had provided Mr. Sauer with a document relating to one of these chemical companies compensating one of our employees. Commissioner House said he had not received any information back regarding this inquiry but could not see approving a bid to someone who was paying one of our employees for "side work or a kick- back ". Mr. Sauer reported that he did not have any information that he could share at that time but the information they are reviewing is a claim regarding a former employee. Commissioner House moved to award all chemical contracts except for the vendor in question. Commissioner Burgin seconded the motion which passed unanimously. (Attachment 2) Harnett County Board of Commissioners August 2, 2010 Regular Meeting Minutes Page 8 of 9 Public Utilities requested approval of an engineering amendment for Marziano & McGougan of $410,000 for design and permitting associated with the planned expansion of the Harnett Regional Water Plant. Commissioner House referenced the original project ordinance and shared his concerns regarding the increase in engineering and project costs. Mr. Ward answered questions and noted that project ordinances are based on estimates. Mr. Ward also alerted the Board that there would be a separate project for the actual construction of the upgrade of the plant coming before the Board in the future which would include engineering costs. Commissioner Burgin moved to approve the requested engineering amendment for Marziano & McGougan of $410,000 for design and permitting associated with the planned expansion of the Harnett Regional Water Plant. Commissioner Andrews seconded the motion which passed 4 to 1. Mr. Sauer presented the following reports: • Department of Public Health Activities Summary • June 2010 Landfill Billing Mr. Sauer also referenced three expense reduction reports from the Segal CPA group that the Board engaged months ago in the areas of electrical service, wireless communications and telecommunication expenses and asked that the Board allow staff to execute those agreements. Mr. Sauer also asked, based on a verified and auditable cost savings, Segal firm will be compensated over a 24 month period fifty percent of those savings. Chairman McNeill noted the Board had reviewed this information at an earlier work session. Commissioner House moved to approve this request. Commissioner Burgin seconded the motion which passed unanimously. Vice Chairman Hill moved to appoint Carl Davis as Director of Parks and Recreation, Steve Ward as Director of Public Utilities and to responsibilities Charlotte Leach who is a Workforce Development Specialist. Commissioner Andrews seconded the motion which passed unanimously. Chairman McNeill called for any new business. Commissioner House inquired about having Ken Bryan come update the commissioners about the hospital. He also asked to be included in meetings regarding Brightwater. Vice Chairman Hill moved to recess until 9:00 am on Friday, August 13, 2010. Commissioner Burgin seconded the motion and the meeting was recessed at 8:54 pm. l V7. rl' Timothy B.t Neill, Chairman Harnett County Board of Commissioners August 2, 2010 Regular Meeting Minutes Page 9 of 9 Attachment 1 Approved by the Famed co my Board of Commissiorwrs Date :416704.90004.9 $ - - / TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Nod : Bill # Tax, Interest and�'�a Name of Tax Payee Penalties'�. 1 ANSELL, JEREMY S 519 NORTHVIEW DR SANFORD, NC, 27332 -1505 2 GLENHOLME HOLDING CORP OF NC 65 EAN LN HOLLY SPRINGS NC, 27540 3 GUTIERREZ, JENNIFER M GUTIERREZ, PAUL BERNAL 01 465 WOODWIND DR SPRING LAKE, NC, 28390 - 8375 4 HARVEY, WANDA HEATH 381 VIC KEITH ROAD SANFORD NC, 27330 - 0000 5 HARVEY, WANDA HEATH 381 VIC KEITH ROAD SANFORD NC, 27330 - 0000 6 NAYLOR, DORMAN JR 2696 PLAIN VIEW HIGHWAY DUNN NC, 28334 - 0000 7 PETERSON, PATRICIA CLAIRE 230 MAPLEWOOD DR SANFORD, NC, 27332 - 0117 8 SHAFFER, JESSICA LAURA 1680 PRISTINE LN HOPE MILLS NC 28348 HOPE MILLS NC, 28348 9 THOMPSON, RUSSELL PAUL JR 145 BAY TREE LN SANFORD, NC 273321338 SANFORD, NC, 27332 - 1338 10 WADE, TOM 124 BROOKSIDE DR HOPE IN, 47246 - 0000 11 WADE, TOM 124 BROOKSIDE DR HOPE IN, 47246 - 0000 12 WELLS FARGO AUTO FINANCE, INC PO BOX 53439 PHOENIX, AZ 850723439 PHOENIX, AZ, 85072 - 3439 WM. A. TONY WILDER Revenue Administrator CC: WM. A. 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