AGENDA
UNION COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
Monday, December 17, 2018
7:00 PM
Board Room, First Floor
Union County Government Center
500 North Main Street
Monroe, North Carolina

www.unioncountync.gov

Closed Session - 5:00 P.M.
General Business:
Opening of Meeting
1.Invocation
VIDEOCommissioner Frank Aikmus
2.Pledge of Allegiance
Employee Recognition
VIDEO3.Special Recognition--Annual Operations Challenge and Pipe Tapping Contest

Background:  Each year, an AWWA-WEA Conference is held where utility industry professionals gather to learn new techniques, observe the function of new equipment and learn from others in the industry from their experiences.  This year's conference was held in Raleigh Nov 4-7, 2018.  As part of this conference, there is a competition between utilities for the operations challenge (wastewater practices) and water pipe tapping (connection to water mains under pressure) among others. 

 

In the Operations Challenge events, four-person teams, along with their coach compete in events challenging their skills in wastewater related activities.  These events are timed and include a wastewater collection system event (repairing a section of 8-inch PVC sewer pipe after performing the correct procedures for system shutdown and making a connection to a 4-inch PVC sewer pipe), determination of sampling results for pH, alkalinity and ammonia and performing calculations for process control including maintenance of sufficient alkalinity (water stability for corrosion control) in the laboratory event, solving process control problems for wastewater treatment including a written test and resolution of complex process problems and repairing a pump and testing for continued operation in the maintenance event.  Blake Brooks, Wyatt Howell, Hayden Hunter, Aaron Winans and Matt Hargett earned first place in the collections and process control events but due to total score overall achieved 2nd place.

 

The water pipe tapping contest is a timed competition in skill where teams complete opening a cement-lined, ductile iron pipe and installing a tap.  Teams consist of four people; 3 technicians and their coach.  Chase Griffin, Rick Mareth, Justin Huntley and Richard Baker achieved 2nd place in this event.

 

Both events demonstrated the superb skills and capabilities of our employees as they perform their duties every day in excellent service to our customers.

Financial Impact:  None.
Action Requested: Recognize Blake Brooks, Utility Technician I, Wyatt Howell, Wastewater Treatment Plant Operator II, Hayden Hunter, Utility Technician II, Aaron Winans, Wastewater Treatment Plant Operator II and Matt Hargett, Utility Services Supervisor for achieving 2nd place in the Operations Challenge event and Chase Griffin, Utility Technician I, Rick Mareth, Utility Technician I, Justin Huntley, Utility Technician I and Richard Baker, Cross Connection Control Coordinator for achieving 2nd place in the pipe tapping contest during the NC American Water Works-Water Environment Federation NC AWWA-WEA) Conference November 4-7, 2018.
VIDEO4.Recognition of Commissioner Jerry Simpson (Served as Chair of the Board of Commissioners in 2018)
Action Requested: Recognize Commissioner Jerry Simpson for his dedication and work while serving as the Chairman of the Union County Board of Commissioners on December 4, 2017 - December 3, 2018.
VIDEO5.Introduction of New Coooperative Extension Director
Background:  Andrew Baucom received his Bachelor of Science degree in Horticulture Science from North Carolina State University and is currently a candidate for a Masters of Science in Crop Science from North Carolina State University. He has worked for North Carolina State University in roles supporting both agricultural producers and Extension educators.  He is a recipient of both the Lois G. Britt Outstanding Extension Agent Award and the Edgar & Ethel B. Boone Adult Education Award.  Andrew is a native of Union County and currently resides in Wingate with his wife Lauren and daughter Naomi. 
Financial Impact: None.
Action Requested: Introduce Mr. Andrew Baucom as the new Union County Cooperative Extension Director.
Public Hearing(s)
6.TEFRA Public Hearing for Assisted Living Facility in the Town of Stallings

Background:  ML Austin Village, LLC, a North Carolina nonprofit corporation (the “Borrower”) whose sole member is Montage Living, a South Carolina nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code, as amended, to (1) fund the acquisition and construction of a multi-unit senior housing facility with services which will be comprised of 68 apartments and 8 villas (16 units among the villas) and ancillary facilities, have independent living and assisted living options and will be located at 910 Chestnut Lane, Stallings, North Carolina (collectively, the “Project”), (2) fund certain capitalized interest and reserves, and (3) pay certain costs incurred in connection with the issuance of the Bonds.

 

This item relates to a Bond financing that ML Austin Village, LLC is completing through the Public Finance Authority, a public authority existing under the law of the State of Wisconsin (the Authority).  The Authority is requesting that the Board of Commissioners hold what is commonly referred to as a TEFRA (Tax Equity and Fiscal Responsibility Act) public hearing on December 17th and adopt an approving resolution for the bonds.  

 

This is being done to satisfy the requirements of Section 147(f) of the Internal Revenue Code related to a tax-exempt financing done on behalf of a non-profit entity. 

 

 Section 147(f) of the Code requires this type of bond issue to be approved by (1) the governmental unit issuing the bonds and (2) each governmental unit having jurisdiction over the area in which the bond-financed facilities are located.  In this case, Section 147(f) of the Code requires the Town of Stallings to obtain the approval of the Authority issuing the bonds, and the County, as the governmental unit having jurisdiction over the area in which the project is located.

 

 As the Board’s approving resolution will expressly state, the Board’s approval will in no way cause the County to become responsible for or liable with respect to the bonds.  Hosting the public hearing and approving the issuance of the bonds are merely ministerial acts that will enable the Foundation to comply with the provisions of the Code.  The big picture point of the IRS Code provisions is to allow for local input and to ensure that there is generally local support for projects that are permitted to be financed on a tax-exempt basis. 

 

 In terms of process and timing, once the Board holds the public hearing and adopts the approving resolution, there will be nothing else requested of the Board and the Town will proceed to issue the bonds.

Financial Impact:  This item creates no obligation of the County.

Action Requested:  Hold Public Hearing

Informal Comments
Additions, Deletions, and/or Adoption of Agenda
Consent Agenda
Contracts and Purchase Orders Over $50,000
7.Contract Agreement between Division of Social Services and Neighborhood Nurses
Background: The Division of Social Services utilizes vendors to provide In-Home aide services.  In-Home aides provide direct care for persons, or assistance to persons by performing home management and/or personal care tasks that are essential to the activities of daily living on an as needed basis.  These services enable persons to continue to live independently.  Currently, we have contracts with two In-Home aide providers.  Our agency had a third provider who relinquished their contract in April 2018.

 

On October 18, 2018, Union County Procurement received two proposals for RFP #2019-11 (Re-Bid) to select a third vendor to provide In-Home aide services.  The Division of Social Services reviewed the proposal and requests approval to enter into a contract with Neighborhood Nurses. 

Financial Impact: The contract shall not exceed $163,116.  These contracts consist of $146,804 in State funds and $16,312 County funds.    
ACTION REQUESTED:
Authorize the County Manager to approve and execute contract agreement with Neighborhood Nurses pending legal review.
8.Radio Equipment Purchase #2 FY-19
Background: FY-19 CIP included the construction of two (2) 800 MHz radio towers in the southwestern area of the county. This radio purchase includes the tower site radio equipment included in CIP 80105 and the replacement microwave equipment included in CIP 80106. Also, as part of the FY-17 Operating Budget a comprehensive radio replacement and management program was approved. This program encompasses radios used by Fire Departments, EMS, Sheriff's Office, County Emergency Services, and UCPS. 

 

This purchase provides radio equipment for the following area: Replacement or addition of 62 portable radios to be assigned to fire departments in the county.

Financial Impact:

Sub-Total Purchase:     $  2,109,460.50

Verint Recorder Credit:    -$150,000.00

2018 System Discount:    -$365,000.00

Final purchase:               $ 1,594,460.50

 

North Carolina General Statute 143-129(e)(9) allows an exception to the bidding requirements when purchases are made through a NC State Contract. Motorola Solutions, through NC State Contract # 725G, will provide the radio equipment requested. Procurement vetted the contract and supports the procurement method.

 

Financial Impact: Expenditures authorized in the FY-19 budget

 

CIP 80105

$1,281,129.00

CIP 80106

$   268,000.00

10319199-5290

$     45,331.50

Total: 

  $1,594,460.50

ACTION REQUESTED:
Authorize the County Manger to sign a contract pending legal review, with Motorola Solutions for radio equipment included in the FY-19 Operating and CIP Budgets.
9.Purchase of Two (2) Replacement Raised Roof Vans w/Lift for Transportation
Background: NCDOT reviewed and approved the 5311 Capital Grant request of two (2) Raised Roof Lift Vans in our FY19 Capital Grant application. NC Department of Transportation/Public Transportation Division BID No. 201600503 will be used to order vehicles. These are approved replacement vehicles which will replace vehicles 45-13 and 46-13. Approval by the Union Count Board of Commissioners is required for transactions $50,000 and above. Financial Impact: Total amount will come from approved FY19 appropriations with 90% reimbursement being received from Federal and State funds (FY19 5311 Capital Grant). 
Financial Impact: Union County did an Invitation for Bid # 2019-031-2019 the due date was November 20, 2018 at 3:00pm EST. Five (5) vendors returned a bid, Mobility Transportation Services coming in with the lowest bid of $101,522.00.
ACTION REQUESTED:
Authorize the County Manager to approve a Purchase Order for Two (2) Replacement Raised Roof Vans w/Lift for Transportation.
10.North Carolina 811 Membership

Background:  Pursuant to § 87-120 of the Underground Utility Safety and Damage Prevention Act (N.C.G.S. § 87-115 et seq.) (the “Act”), Union County is required to join North Carolina 811, Inc. (“NC811”)  The stated goals of the Act are to protect the citizens and workforce of the State “from the dangers inherent in excavating or demolishing in areas where underground” infrastructure is located, and to protect that underground infrastructure from costly damage caused by excavation or demolition.  NC811 is the nonprofit corporation established pursuant to N.C.G.S. § 87-120 to receive notice of planned excavations and to disseminate the information to the utility owner members of NC811.

 

 Union County became a member of NC811 on January 28, 2014, following execution of the NC811 membership agreement.  As a utility member, the County, acting through Union County Public Works, receives utility locate requests through NC811 from third parties such as contractors, engineers, and property owners, as required by law to allow the County the opportunity to mark its underground infrastructure at the proposed excavation site.  The markings showing the location of the water/sewer lines help to prevent service outages due to damaged water/sewer infrastructure.

 

As a member of NC811, the County pays fees to the organization.  These fees are monthly payments for NC811’s operating costs necessary to communicate utility locate requests, determined annually by the NC811 Board of Directors.  Over the past 4.5 years, the County has average monthly payments of over $1,600 in fees, with a total expense of over $91,000 paid to date under the membership agreement.

 

This multi-year contract expense was approaching the former County Manager's approval authority of $100,000 and now exceeds the current authority of $50,000.  This request, if approved, will provide continuing authority for the County Manager to approve expenses under the agreement to maintain the County’s statutorily required membership in NC811.

Financial Impact:  Estimated cost is $18,000 annually, budgeted in the Water & Wastewater Division.
ACTION REQUESTED:
Authorize the County Manager to continue approving payments for Union County’s membership with North Carolina 811. 
11.Hurricane Wood Debris Processing

Background: Union County has a contract with Privette Enterprises, Inc. for yard waste grinding and processing services.  Due to over 600 tons of wood debris resulting from Hurricane’s Florence and Michael, there is a need for additional processing under the current contract in order to comply with NC Dept. of Natural Resources Permit requirements concerning allowable volumes.

 

The original contract amendments, A-5282, expenditures were within the County Manager’s approval authority and conditioned upon budget appropriation.  Since expenditures will now exceed the County Manager’s authority, BOCC authorization is required to continue debris processing and to comply with NC Dept. of Natural Resources Permit requirements.

Financial Impact: $20,000 of additional spending in FY2019. Sufficient funds are available within the FY 2019 Adopted Budget.   Revenues from delivery of this material have already been collected.

 

ACTION REQUESTED:
Authorize additional expenditures for Privette Enterprises, Inc. for wood debris grinding
Tax Administrator
12.November 2018 NCVTS Motor Vehicle Tax Refund Report
Background:  The refunds included in this report represent adjustments made to tax bills that resulted in refunds of motor vehicle taxes paid under the Tax and Tag Together program operated jointly between the counties and the State.
Financial Impact:  $23,197.92
ACTION REQUESTED:
Approve the November 2018 NCVTS Motor Vehicle Tax Refund Report.
VIDEO13.Authorization To Apply For Non Matching Grant Funding

Background:  The Fire Marshal's Office is eligible to apply for grant funding from FM Global and Fire House Subs.  Both grant opportunities do not require any matching funding if awarded.  The FM Global grant awards a maximum amount of $5,000 if awarded.  The Fire House Subs grant awards a maximum amount of $15,000 if awarded.  If awarded, the Fire Marshal's Office will purchase fire investigations equipment that is not currently in the inventory.  These items include shifting shovels, screen sifters, gridding equipment, electrical system testers and additional evidence collection items.

 

This fire investigation equipment would be utilized during large scale or complex fires.  The Fire Marshal's Office is seeking grant funding to provide the funds to purchase the equipment instead of general fund expenditures if possible.  The deadline for application for both grants is 3/31/2019. 

Financial Impact:  None.
ACTION REQUESTED:
The Fire Marshal's Office seeks authorization to apply for non-matching grant funding from two sources to purchase fire investigations equipment.
VIDEO14.Assisted Living Facility in the Town of Stallings Resolution (TEFRA Public Hearing Held Earlier in the Meeting)

Background:  ML Austin Village, LLC, a North Carolina nonprofit corporation (the “Borrower”) whose sole member is Montage Living, a South Carolina nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code, as amended, to (1) fund the acquisition and construction of a multi-unit senior housing facility with services which will be comprised of 68 apartments and 8 villas (16 units among the villas) and ancillary facilities, have independent living and assisted living options and will be located at 910 Chestnut Lane, Stallings, North Carolina (collectively, the “Project”), (2) fund certain capitalized interest and reserves, and (3) pay certain costs incurred in connection with the issuance of the Bonds.

 

This item relates to a Bond financing that ML Austin Village, LLC is completing through the Public Finance Authority, a public authority existing under the law of the State of Wisconsin (the Authority).  The Authority is requesting that the Board of Commissioners hold what is commonly referred to as a TEFRA (Tax Equity and Fiscal Responsibility Act) public hearing on December 17th and adopt an approving resolution for the bonds.  

 

This is being done to satisfy the requirements of Section 147(f) of the Internal Revenue Code related to a tax-exempt financing done on behalf of a non-profit entity. 

 

 Section 147(f) of the Code requires this type of bond issue to be approved by (1) the governmental unit issuing the bonds and (2) each governmental unit having jurisdiction over the area in which the bond-financed facilities are located.  In this case, Section 147(f) of the Code requires the Town of Stallings to obtain the approval of the Authority issuing the bonds, and the County, as the governmental unit having jurisdiction over the area in which the project is located.

 

 As the Board’s approving resolution will expressly state, the Board’s approval will in no way cause the County to become responsible for or liable with respect to the bonds.  Hosting the public hearing and approving the issuance of the bonds are merely ministerial acts that will enable the Foundation to comply with the provisions of the Code.  The big picture point of the IRS Code provisions is to allow for local input and to ensure that there is generally local support for projects that are permitted to be financed on a tax-exempt basis. 

 

 In terms of process and timing, once the Board holds the public hearing and adopts the approving resolution, there will be nothing else requested of the Board and the Town will proceed to issue the bonds.

Financial Impact: This item creates no obligation to the County. 
ACTION REQUESTED:
Adopt Resolution
VIDEO15.Union County Detention Center Medical Plan
Background: The North Carolina Administrative Code requires each Sheriff to provide medical services and a plan of delivery to the County's inmate population.

 

SECTION.1000-HEALTH CARE OF INMATES AND EXERCISE

10A NCAC 14J.1001   MEDICAL PLAN

 

(a) A written medical plan shall be developed in compliance with G.S. 153A-225 and it shall be available for ready reference by jail personnel.  The medical plan shall include a description of the health services available to inmates.

 

(b) The written plan shall include policies and procedures that address the following areas:

 

(1)  Health screening of inmates upon admission;

 

(2)  Handling routine medical care;

 

(3)  The handling of inmates with chronic illnesses or known communicable diseases or conditions;

 

(4) Administration, dispensing and control of prescription and non-prescription medications;

 

(5)  Handling emergency medical problems, including but not limited to emergencies involving dental care, chemical dependency, pregnancy and mental health;

 

(6)   Maintenance and confidentiality of medical records; and

 

(7) Privacy during medical examinations and conferences with qualified medical personnel.

 

(c)  Inmates must be provided an opportunity each day to communicate their health complaints to a health professional or to an officer.  Qualified medical personnel shall be available to evaluate the medical needs of inmates.  A written record shall be maintained of the request for medical care and the action taken.

 

(d)  Inmates shall not perform any medical functions in the jail.

 

(3)  The medical plan shall be reviewed annually.

 

History Note:  Authority G.S. 143B-153; 153A-221;

Eff. June 01, 1990;

Amended Eff. December 01, 1991

Financial Impact: None
ACTION REQUESTED:
Approve Union County Detention Center Medical Plan Revised 12/10/18
VIDEO16.Amendment to the Union County Pay and Classification Plan

Background: Growth Management is seeking to add a Permit & Zoning Technician to the Pay and Classification Plan. In addition to performing Permit Clerk responsibilities, this classification will review and approve simple zoning applications. The addition of these responsibilities will decrease the wait time for some walk-in applicants and also allow the Senior Planner to provide greater focus to more complex zoning requests.

 

This new classification will be used to reclassify an existing filled position from Permitting Technician.  The current Permitting Technician has achieved the certification of Zoning Official and will be utilizing that certification in the new classification.

 

The cost of the reclassification is approximately $2000. 

Financial Impact:  New funds are required for FY19. Current funding allocations are adequate.

ACTION REQUESTED:

 

Approve the addition of the following job classification and associated pay grade to the Union County Pay and Classification Plan.

 

Add:

Permit & Zoning Technician, Pay Grade 111

VIDEO17.Application for Alliance for Children Grant Funding for the Smart Start Peer Breastfeeding Support Program

Background: The Smart Start Peer Breastfeeding Support Program though The Alliance for Children is housed at the Union County Human Services Agency Division of Community Support & Outreach.  The program is available for at-risk breastfeeding women and infants. The Breastfeeding Support Program of the Union County WIC Program was established in 2000. The Breastfeeding Support Program was established to provide prenatal and postpartum support and education to WIC Program participants and Union County citizens. Support provided in the Breastfeeding Program includes prenatal breastfeeding classes, one-on-one consults from a breastfeeding peer counselor, an after-hours telephone hotline, and issuance of various breastfeeding supplies. The Smart Start Peer Breastfeeding Support program wishes to apply for funding for the 2019-2020 year.

 

Breastfeeding is the recommended source of nutrition and preventative health care for the first six months of life, and is recommended to be continued for at least one year. Many health and scientific organizations have created statements supporting breastfeeding. For infants and children, breastfeeding is associated with a decreased risk of acute otitis media, nonspecific gastroenteritis, asthma, lower respiratory infection, atopic dermatitis, obesity, childhood leukemia, type I and type II diabetes, necrotizing enterocolitis (NEC) and sudden infant death syndrome (SIDS). It is also prescribed for infants for a variety of reasons such as mal-absorption, congenital anomalies, feeding intolerance, gut priming and immunologic deficiencies. Lack of breastfeeding may be detrimental to maternal health, increasing the risk of developing certain chronic conditions and cancers.

 

Lack of breastfeeding may also lead to quicker additional pregnancies as women may not experience the fertility reduction associated with lactation amenorrhea that occurs when they are fully breastfeeding. Much of a mother’s success with breastfeeding requires accurate and up-to-date education and support. Prenatal and postpartum breastfeeding promotion, education, and support are helpful in building confidence in new mothers, preparing them for what to expect when their infant arrives, and increasing duration and initiation rates. Breastfeeding Peer Counselors significantly improve initiation rates and have been shown to have a positive effect on duration of breastfeeding by providing support from someone who has also breastfed.

 

Financial Impact: In FY18 the Smart Start Peer Breastfeeding Support program received $64,638.00 funding, and anticipates FY19 grant amount to remain approximately the same. The grant currently requires a 19% in-kind contribution, which is primarily provided by WIC personnel and contracted services provided by WIC’s regional breastfeeding coordinator. The estimated financial impact for Union County would be an in-kind contribution of $6,400 for use of office space. We will know the exact funding amount for which we are eligible when the RFP is released on January 9, 2019.
ACTION REQUESTED:
Authorize the County Manager to approve the submission of application for grant funding for FY 19/20.
VIDEO18.Application for Alliance for Children Grant Funding for Parenting Support & Nurturing Parenting

Background:   The Smart Start Parenting Support and Nurturing Parenting program, housed at the Union County Human Services Agency Division of Community Support & Outreach, is available for at-risk parents of children ages birth to five years old.  Our program is funded through The Alliance for Children currently in its seventh program year, and has enabled Union County to implement multiple strategies addressing the need to strengthen parenting practices, prevent the escalation of early stages of maltreatment, and prevent the recurrence of child maltreatment.  The Union County Human Services Agency Division of Social Services wishes to apply for funding for the 2019-2020 year.

 

The Smart Start program has the potential to impact local child maltreatment recidivism rates, thus effecting the generational ripple effect on families. Currently, the program success rate is 94% of parents who graduate; program to date is 203 parents completing. Of those with re-reports, 6 were for drugs, 3 domestic violence, 2 improper care, 2 were for severe mental health issues, and 1 had new information on an already existing sexual abuse case. Factoring in the approximate costs of CPS social workers and their 0-5 year old caseloads, the lifetime cost of child maltreatment, and the cost of the Parenting Support and Nurturing Parenting program, the potential economic impact on our community is roughly $438,568,200.

 

In FY19 Union County received $114,352 funding, and anticipates the FY20 grant amount to remain approximately the same.  We will know the exact funding amount for which we are eligible when the RFP is released on January 9, 2019.

 
Financial Impact:The Union County Human Services Agency Division of Social Services is required to contribute a cash and in-kind contribution. In the past three years, Social Services has contributed a 2% in-kind amount, and we anticipate that requirement to remain for FY20.
ACTION REQUESTED:

Authorize the County Manager to approve the submission of application for grant funding for FY 19/20.

VIDEO19.Application for Alliance for Children Grant Funding for Subsidy Child Care Assistance
Background: The Smart Start Child Care Program, housed at the Union County Human Services Agency Division of Social Services, provides Subsidized Child Care Assistance to residents in Union County. North Carolina boasts one of the highest rates of working mothers with young children in the nation, making the availability of quality child care essential for the State's economic development and stability. Many of Union County's working families are struggling financially to meet the needs of their families.  The availability of affordable, quality, legal and safe child care offers them financial support and relief as well as increases their likelihood of being successful in their jobs. By providing subsidized child care assistance to children in Union County, pre-school aged children can get a high quality early childhood education which increases their chances of being healthy and more socialized. Additionally, early education enhances a child's ability to learn therefore they are better prepared for academic success when it is time for them to enter kindergarten.

 

In the fiscal year 2017-2018, a total of 2088 unduplicated children were served through the Subsidized Child Care Program. 364 of those children were funded with Smart Start funds. The target population we serve with Smart Start funds is pre-school aged (birth through age 5), residents of Union County, and placed in a 5 star contracting Union County child care facility or child care home. One of our goals is to reach out and provide childcare assistance to as many eligible Union County families possible so they can become more financially stable in conjunction with strengthening each child's health, emotional development and educational foundation.

Financial Impact: Union County Human Services, Division of Social Services is required to contribute a cash and in-kind contribution.  In the FY 17/18 we received Smart Start funds in the amount of $172,000.00 for personnel and $925,785.00 for direct purchase of services totaling $1,097,785.00.  For the FY 19/20 we are requesting $213,789.71 for personnel and $925,785.00 for direct purchase of services (which is not coming out of Union County funds) totaling $1,139,574.71.  The additional $41,789.71 we are requesting is to cover the increasing cost of the 4 personnel staff.
ACTION REQUESTED:
Authorize the County Manager to approve the submission of application for grant funding for FY19/20.
VIDEO20.Amendment to the Union County Water and Sewer Extension Ordinance to Address Collection of System Development Fees for Non-Subdivision Development
Background:  On December 3, 2018, the Board of Commissioners amended the County’s Water and Sewer Extension Ordinance, codified in Chapter 34, Article IV of the Union County Code (the “Extension Ordinance”).  This amendment was designed to ensure compliance with new legislation (S.L. 2018-34) regarding the timing of collection of system development fees (“SDFs”) required of developers related to execution of an extension agreement entered into on behalf of the Union County Water and Sewer District and Union County (“Extension Agreement”) for subdivision development.  S.L. 2018-34 prescribed the timing of collection of SDFs for different types of development.  For subdivision development, the legislation requires the collection of SDFs at the later of the following: (a) at the time of plat recordation, or (b) when water or sewer service is committed by the local government.  The December 3, 2018, amendment to the Extension Ordinance revised the ordinance to require collection of SDFs at the time of plat recordation, as this comes after the execution of an Extension Agreement in the water/sewer development process.  That Extension Ordinance amendment included various safeguards regarding collection of SDFs and the ability to recapture capacity if SDFs are not timely paid.

 

Although the December 3, 2018, amendment to the Extension Ordinance addressed the requirement for the timing of collection of SDFs for development related to the subdivision of land (the vast majority of SDFs collected are for subdivision development), it did not address the timing of SDF collection for other types of development subject to SDFs.  For example, the construction of a new commercial structure which increases the number of service units on an existing parcel is subject to SDF payment pursuant to statute.  S.L. 2018-34 prescribes a different timing for collection of SDFs for non-subdivision development (when compared to subdivision development).  The timing of collection of SDFs for non-subdivision development is now prescribed by statute as collection at the earlier of the following: (a) the time of application for connection to the service or facilities, or (b) when water or sewer service is committed by the local governmental unit.

 

Although the Extension Ordinance was amended to address the timing of collection of SDFs for the subdivision of land, it did not take into account the timing of collection of SDFs for non-subdivision development.  Thus, in order to clearly address the collection of SDFs for non-subdivision development under S.L. 2018-34, it is necessary to further amend the Extension Ordinance.

 

The attached amendment to the Extension Ordinance adds a section to the Extension Ordinance which addresses Extension Agreements, the timing of collection of SDFs, and the allocation of capacity specifically for non-subdivision development.  This section provides that SDFs for such development are paid at the time of Extension Agreement execution and capacity is allocated at that time.  This timing of collection of SDFs for non-subdivision development is required by statute.

 

If the proposed ordinance amendment is adopted, the Union County Water and Sewer District (the “District”) will be able to enter into Extension Agreements as it relates to non-subdivision development that will be conformed to the revised Extension Ordinance and state legislation, as authorized under the Amended Interlocal Agreement between Union County and the District.
Financial Impact:  SDF collection at time of extension agreement execution for non-subdivision development
ACTION REQUESTED:
Adopt Ordinance of the Union County Board of Commissioners Amending the Union County Water and Sewer Extension Ordinance to Address Collection of System Development Fees for Non-Subdivision Development
Minutes
21.Minutes for Approval
Background:  Draft minutes are being provided as an item for approval on the Consent Agenda.
Financial Impact:  N/A
ACTION REQUESTED:
Approval of minutes as part of Consent Agenda.
Information Only
22.Human Resources Report for November 2018
Background:  The attached reports reflect all of the new hires, retirees and separations from service for the month of November 2018.
Financial Impact: N/A
ACTION REQUESTED:
Action Requested:  None - Information Only
Old Business
VIDEO23.US 74 Marshville Corridor Study
Background: The Town of Marshville and Union County have completed a study of the existing US 74 and proposed Marshville Bypass. This study involved a thorough investigation of existing conditions and options for addressing current and future traffic conditions along US 74. The report and recommendations have been accepted by the Town of Marshville. The Union County Planning Board accepted report and unanimously recommended adoption at its November 13 meeting. 

 

The conclusions of the study are as follows:

 

1.    The Marshville Bypass is supported by the local residents. They see it shifting truck traffic and related noise and pollution out of the town center. They are not concerned about the potential for economic activity to leave the center to an interchange along the bypass. The bypass should therefore stay in the Comprehensive Transportation Plan.

 

2.    The Bypass is not needed at this time, but likely will be in 20-25 years. In the meantime, operational improvements to traffic signals and driveway access near intersections along the existing corridor can offer significant benefits at a low cost.

 

3.    Completing the sidewalk network, improving crosswalks, and planting trees along the corridor can help improve the appearance and safety of the corridor for all users.

 

Financial Impact: None.
ACTION REQUESTED:
Consider adopting plan
VIDEO24.Recommendation - BOCC/UCPS BOE Budget Interaction

Background: Based on feedback received during the November 29 Budget Retreat, I am providing a recommendation for engaging with the UCPS Board of Education during the FY20 Budget process.  I have also shared this information and discussed with Superintendent Andrew Houlihan and we are in agreement with this recommended approach.

 

  • Late January – Joint Meeting for overview by each organization of its internal budget process.  This would include key dates, requirements from others (state, federal, etc.). Establish guidelines for FY20 process.  Utilize facilitator to determine guidelines (The County will engage Ed Gagnon from Customer Service Solutions to facilitate the January meeting).

o   Possible topics to include:

  • Bond funded projects update
  • Human Services Collaborative update
  • March – Joint Meeting
  • May – Joint Meeting
Financial Impact:
ACTION REQUESTED:

Receive a recommendation for engaging with the UCPS Board of Education during the FY20 Budget process. 

New Business
VIDEO25.Solid Waste Presentation
Background:  The Board has asked for information regarding solid waste collection.  This apparently has stemmed from complaints involving curbside collection services in Union County.  Staff will provide an overview of options, benefits and issues.  Staff will also provide a brief overview of other pertinent issues about which it is felt the Board should be aware.
Financial Impact: None
ACTION REQUESTED:
None
VIDEO26.9th Congressional District Resolution
Background:  The North Carolina State Board of Elections has not certified the results for the 9th District Congressional Election.  The lack of certification is causing uncertainty for the residents of Union County regarding their representation in the United States House of Representatives in the 116th Congress beginning January 3rd 2019.
Financial Impact:
ACTION REQUESTED:
Approve a resolution requesting that the North Carolina State Board of Election immediately certify the results of the 9th District of North Carolina Congressional Election just as every County Board of Elections within the 9th District have already certified the results.
VIDEO27.Appointments of Commissioners to Boards and Committees
Background:  Attached is a list of the Boards and Committees for which appointments of Commissioner-Representatives are needed.
Financial Impact:  N/A
ACTION REQUESTED:
Appoint Commissioner-Representatives to the various Boards and Committees
County Manager's Comments
Commissioners' Comments
Adjournment