AGENDA

UNION COUNTY BOARD OF COMMISSIONERS

REGULAR MEETING

Monday, April 6, 2015

7:00 PM

Board Room, First Floor

Union County Government Center

500 North Main Street

 Monroe, North Carolina

 

www.co.union.nc.us

5:00 P.M. – Special Meeting (Revaluation Process and Revenue Neutral Tax Rates)

General Business:

 

1.

Opening of Meeting

 

a.

Invocation

 

b.

Pledge of Allegiance

 

2.

Public Hearing(s)

 

 

a.

Rezoning Petition - RZ-2015-001 Requesting Rezoning of 3.756 Acres of Property, Tax Parcels 06-083-020 and 06-183-003, from R-40 to B-2 (Community Business) (The Subject Properties Front on the North Side of New Town Rd. and Lie Approximately 960 Feet West of the Intersection of New Town Rd. and Providence Rd)

 

Background: This is a request to rezone 3.756 acres of property, consisting of two tax parcels (06-083-020 and 06-183-003) under the same ownership, from a zoning designation of R-40 to a zoning designation of B-2 (Community Business). The subject properties front on the north side of New Town Rd. and lie approximately 960 feet west of the intersection of New Town Rd. and Providence Rd.  The property is currently utilized as a single-family residence with the remainder of the property consisting of open areas, wooded areas, and a large power line cut.

 

Financial Impact: None

 

ACTION REQUESTED:

Conduct Public Hearing

 

b.

Public Hearing - Re:  Board of Commissioners’ Consideration of Requesting that the Union County Board of Elections Hold Elections Regarding the Countywide Sale of Certain Types of Alcohol and Operation of ABC Stores

 

Background: During its regular meeting of March 16, 2015, the Board of Commissioners voted to hold a public hearing at its April 6, 2015, to receive comments regarding the Board of Commissioners’ consideration of requesting that the Union County Board of Elections hold elections regarding the countywide sale of certain types of alcohol and operation of ABC Stores and also to consider at the April 6, 2015, meeting adoption of a Resolution Requesting that the Union County Board of Elections Hold Elections Regarding the Countywide Sale of Certain Types of Alcohol and Operation of ABC Stores.

 

Detailed Background Information from the Agenda Abstract from the March 16, 2015, meeting is included below:

 

 Pursuant to Article 6 of Chapter 18B of the North Carolina General Statutes, the governing board of a county may adopt a written request to the county board of elections asking that they conduct an election regarding certain propositions related to the sale of alcohol in the county.  The governing board’s written request must state the propositions upon which the voters will vote.  Additionally, the county board of elections must set the date for such an election in accordance with the written request and with G.S. § 163-287, which specifies when special elections may be held.

 

There are four types of alcoholic beverage sales propositions that may be included on a ballot related to the sale of alcohol (with multiple choices for propositions within some of the alcohol sale types as well).  These are propositions related to:  (i) the sale of malt beverages, (ii) the sale of unfortified wine, (iii) the operation of ABC stores, and (iv) the sale of mixed beverages.  If any of the propositions are approved at such a county election, the sale of that type of alcohol as set forth in the proposition (or the establishment of an ABC store) will be allowed throughout Union County, regardless of a vote regarding such alcohol sales in any city or township at that or any previous or subsequent election, and regardless of any local act making sales unlawful in that city or township (unless such a local act was ratified prior to the effective date of Article II, Section 24(1)(j) of the Constitution of North Carolina).  If a majority votes against certain alcoholic beverage sales in a county election, sales of that kind of alcohol will remain unlawful throughout the county, except in any city or township in which such sales are already lawful or subsequently made lawful.  Thus a countywide vote against alcohol sales will not affect the sale of alcohol within cities and townships that have already legalized alcohol sales in their jurisdictions.  It should be noted that “on-premises” sale means the type of alcohol at issue may be sold for consumption on the premises of the place of sale, whereas “off-premises” sale means the type of alcohol at issue may be sold for consumption not on the premises of the place of sale (and where possession and consumption of such alcohol is otherwise legal).

 

It should also be noted that no county alcoholic beverage election may be held within three years of the certification of the results of a previous election on the same kind of alcoholic beverages in that county.  Thus, if there is a majority vote against the sale of a certain type of alcoholic beverage, another election on the countywide sale of the same kind of alcoholic beverages may not be held again for three years from the date of the election results certification. 

 

Regarding the possible ballot propositions, first there may be propositions for malt beverage sales at such an election.  A malt beverage means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage except unfortified or fortified wine, which contains at least 0.5%, and not more than 15%, alcohol by volume.  A malt beverage election may contain any or all of the following four propositions: (1) to permit the “on-premises” and “off-premises” sale of malt beverages; (2) to permit the “on-premises” sale only of malt beverages; (3) to permit the “off-premises” sale only of malt beverages; and (4) to permit the “on-premises” sale of malt beverages by Class A hotels, motels, and restaurants only; and to permit “off-premises” sales by other permittees.  If propositions (2) and (4) are on the ballot and proposition (2) receives a majority of “FOR” votes, then the type of sales in that proposition will be allowed regardless of the vote on proposition (4).  If multiple malt beverage propositions are on the ballot, including proposition (2), and the majority of votes are “FOR” proposition (1), then both “on-premises” and “off-premises” sales will be allowed regardless of the vote on any other malt beverage proposition at that election. 

 

Second, there may be propositions for unfortified wine sales at such an election.  Unfortified wine means any wine of 16% or less alcohol by volume made by fermentation from grapes, fruits, berries rice or honey; or by the addition of pure cane, beet or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine.  An unfortified wine election may contain any or all of the following three propositions: (1) to permit the “on-premises” and “off-premises” sale of unfortified wine; (2) to permit the “on-premises” sale only of unfortified wine; and (3) to permit the “off-premises” sale only of unfortified wine.  If multiple unfortified wine propositions are on the ballot, if the majority of votes are “FOR” proposition (1), then both on-premises and off-premises sales of unfortified wine shall be allowed, regardless of the vote on any other unfortified wine proposition at that election.

 

Third, there may be a proposition to permit the operation of ABC stores.  If the operation of an ABC store is approved, the county may establish an ABC board and operate ABC stores.  Except for certain exceptions, liquor may be sold only in ABC stores operated by local boards.  Liquor means distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin, and all other distilled spirits; and mixtures of cordials, liqueur, and premixed cocktails, in closed containers for beverage use regardless of their dilution. ABC stores may also sell fortified wine.  Fortified wine means any wine of more than 16%, and no more than 24%, alcohol by volume, made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine.  The North Carolina ABC Commission may also issue on-premises and off-premises fortified wine and unfortified wine permits to qualified persons and establishments, regardless of any unfortified wine election.  Additionally, the ABC Commission may issue brown-bagging permits (permits authorizing individual patrons of an establishment to bring certain amounts of alcohol onto the premises to consume said alcoholic beverages on the premises) to restaurants, hotels, and community theaters in the county; however, brown-bagging permits may not be issued in any jurisdiction in which the sale of mixed beverages has been approved.

 

Fourth, there may be a proposition to permit the sale of mixed beverages in hotels, restaurants, private clubs, community theatres, and convention centers.  In order to hold an election for the sale of mixed beverages, a county must already operate at least one county ABC store OR a county election on ABC stores must be held at the same time as the mixed beverages election.  If the sale of mixed beverages is approved, the ABC Commission may issue mixed beverages permits.  A mixed beverage means a drink composed in whole or in part of liquor and served in a quantity less than the quantity contained in a closed package, or a premixed cocktail served from a closed package containing only one serving.  The ABC Commission may also issue on-premises malt beverage, unfortified wine, and fortified wine permits for establishments with mixed beverages permits, regardless of any election or local act concerning such sales.  Additionally, the ABC Commission may issue brown-bagging permits for private clubs and congressionally chartered veterans organizations (as those terms are defined by statute), but it may not issue or renew brown-bagging permits for restaurants, hotels, and community theatres.  The ABC Commission may also continue to issue culinary permits (allowing a permittee to possess certain amounts of fortified wine or liquor for culinary purposes) for restaurants, hotels, and community theatres.  If mixed beverages are approved at an election, but voters do not approve the establishment of an ABC store, the ABC Commission may issue mixed beverages permits in the county.

 

In any request for the conduct of an alcoholic beverages sales election, the governing board requesting such an election shall state the date on which the special election is to be conducted.  Such a countywide election may only be held at the following times pursuant to G.S. § 163-287: (1) at the same time as any other State or county general election; (2) at the same time as the primary election in any even-numbered year; and (3) at the same time as any other election requiring all the precincts in the county to be open.  Thus, the Board of Commissioners in making a request for an alcoholic beverages sale election, must consider the date on which such an election will be conducted.  The next earliest dates such an election may take place are: (1) the date of the 2016 presidential primary, which although not yet officially set, is scheduled to be held the Tuesday after the South Carolina presidential primary (this is an election requiring all precincts in the county to be open); (2) May 3, 2016, the date of the state primary (even-year primary); and (3) November 8, 2016, the date of the 2016 general election (the time of a State/county general election).

 

The resolution attached to this agenda abstract addresses all four proposition types regarding alcoholic beverage sales in North Carolina (malt beverages, unfortified wine, ABC stores, and mixed beverages).  The propositions for the sale of malt beverages and unfortified wine in the attached resolution are only those that ask the voter to determine whether they are “FOR” or “AGAINST” both the “on-premises” and “off-premises” sale of those types of alcohol.  If the Board of Commissioners desires to request an election on different or more propositions regarding malt beverages and/or unfortified wine as described above (such as to allow only on-premises sales, to allow only off-premises sales, etc.), this resolution will need to be modified.  Also, if the Board desires to remove a type of alcoholic beverage sale from the propositions in the request, the resolution will need to be modified. The date set forth in this resolution for such an election is the 2016 presidential primary, which date has not been firmly set (but will occur the Tuesday after the South Carolina presidential primary).  It would be advisable for the Board to return to this issue (not later than 45 days prior to the election) and affirmatively approve the actual date of the presidential primary once established.  If there is another date the Board of Commissioners would desire to set for such an alcoholic beverages election, the resolution will need to be revised accordingly.

 

Financial Impact: n/a

 

ACTION REQUESTED:

Hold Public Hearing to Receive Comments Regarding the Board of Commissioners’ Consideration of Requesting that the Union County Board of Elections Hold Elections Regarding the Countywide Sale of Certain Types of Alcohol and Operation of ABC Stores

 

3.

Informal Comments

 

4.

Additions, Deletions and/or Adoption of Agenda

 

5.

Consent Agenda

 

a.

Contracts and Purchase Orders Over $100,000

 

1.

Replacement Vehicles for the Division of Social Services

 

Background: Fleet has authorized the Division of Social Services to purchase six new 2016 Chevrolet Impalas for a net price of $106,560, per State Contract #070A.  These 2016 model vehicles will be purchased this current fiscal year at 2015 model pricing ($17,760 each).  Additionally, these vehicles will comply with specifications previously outlined by the County Manager. 

 

Financial Impact: The cost to the Division is 50% reimbursable, therefore, the County’s portion will be $53,280.  This purchase was budgeted for in this current fiscal year’s budget.

 

ACTION REQUESTED:

Authorize the County Manager to approve requisition #809 to purchase six replacement vehicles for the Division of Social Services.

 

2.

Rays Fork Interceptor Improvements

 

Background: In March 2013, the BOCC approved the engineering contract for providing interceptor improvements within the Eastside Sewershed to provide gravity sewer service to the County’s Agricultural Center, Jail Facility and Animal Shelter. The project consists of over 14,300 LF of new sewer ranging in size from 8 to 15-inches in diameter and will ultimately be conveyed to the Monroe WWTP for treatment.

 

On March 3, 2015, Union County Procurement Division received four (4) bids for this project. All Bids were reviewed and certified by the engineer, see attached recommendation letter and certified bid tabulation. The bids ranged from $4,776,218.00 to $6,617,710.00. Based on the engineer’s review and Procurement’s approval of the bids, staff recommends that the project be awarded to the lowest responsive responsible bidder, BRS, Inc., in the amount of $4,776,218.00.

 

Financial Impact: Funding is available within the CIP Program for this construction contract.

 

ACTION REQUESTED:

Accept the low bidder, BRS, Inc., authorize award of the construction contract to BRS, Inc. in the amount of $4,776,218.00, and authorize the county manager to approve the construction agreement, pending legal review

 

3.

Short Water Line Extensions - FY15

 

Background: The BOCC approved the Short Water Line Extension Program as part of the Water and Sewer Extension Ordinance in May 2012. This annual program allows for Public Works to extend water service and provide an environmental benefit to citizens in Union County. The program provides financial assistance for both residential and non-residential water line extensions and projects are awarded on a first come first serve basis subject to available funding. In August 2014 the county approved the engineering Task Order for the design, bidding and Construction Administration for the third project under this program. This project was titled “Short Water Line Extensions – FY 2015.

 

The Short Water Line Extension – FY 2015 project includes approximately 11,800 linear feet of water lines along G.W. Broome, Secrest Shortcut, Hwy 218 East, Dusty Lane, Horseshoe Bend, Deese, Rocky River, Indian Trail Fairview and Lander Benton Roads, see attached maps. This project will provide service to 20 new customers in Union County.

 

On March 3, 2015, Union County Procurement Division received four (4) bids for this project. All Bids were reviewed and certified by the engineer, see attached recommendation letter and certified bid tabulation. The bids ranged from $583,582.27 to $661,134.00. Based on the engineer’s review and Procurement’s approval, staff recommends that the project be awarded to the lowest responsive responsible bidder, Herrin Industrial, Inc. in the amount of $583,582.27.

 

Financial Impact: Funding is available within the current program.

ACTION REQUESTED:

Accept the low bidder, Herrin Industrial, Inc., authorize award of the construction contract to Herrin Industrial, Inc. in the amount of $583,582.27, and authorize the county manager to approve the construction agreement pending legal review.

 

b.

Tax Administrator

 

1.

Tax Collector's Departmental Report for February 2015

 

Background: This report reflects the totals of all tax transactions within the Tax Collector's office for the month of February 2015.

 

Financial Impact: None

ACTION REQUESTED:

Approve Report

2.

February 2015 NCVTS Motor Vehicle Refund Report

 

Background: The refunds on this report represent adjustments made that resulted in refunds of motor vehicle taxes paid under the Tax and Tag Together program operated jointly between the counties and the State. 

 

**Exception:  There is a refund on the February 2015 report that was generated in error because of an incorrect adjustment.  Due to the timing of the error and software issues, the refund is included on this report in error.  NCDOR and the software vendor are working to resolve the issue and delete the refund record.  The refund in question is for Derek Watkins in the amount of $15.26.  We request that this refund be denied.

 

Financial Impact: Amount of refunds: $5,950.85

ACTION REQUESTED:

Approve the February 2015 NCVTS Motor Vehicle Refund Report as requested  with the exception noted in the background information.

 

c.

Surplus Vehicle Sale

 

Background: North Carolina General Statutes allows the disposition of real and personal property by local governments through a variety of means including private negotiation and sale; advertisement for sealed bids; negotiated offer, advertisement, and upset bid; public auction; or exchange. In 2001, the legislature amended the Statutes to provide for disposition of property through electronic auction.

 

The sale will begin April 7, 2015 at 9:00 a.m. and end April 16, 2015 in ten minute increments as indicated on Attachment A.

 

The vehicles are to be picked up at 610 Patton Ave with the following terms of sale:

 

    a. Sale to the highest bidder with all sales final.

 

    b. All items sold "as is" and "where is" with no warranty, expressed or implied, which extends beyond the description of the item.

 

    c. Purchasers must remove vehicle(s) within ten business days from the time and date of issuance of the Buyer's Certificate.

 

    d. Payment must be made online through the GovDeals Web site. Payment in full is due not later than five business days from the time and date of the Buyers Certificate. Payment will not be accepted on site.

 

Financial Impact: Estimated revenue is $60,000. The revenue will be returned to the fund from which the asset came.

 

ACTION REQUESTED:

Adopt Resolution Authorizing Sale of Surplus Property by Internet Auction

 

1. Declare the property itemized on Attachment A as "Surplus" to the needs of Union County.

 

2. Authorize sale at electronic auction on www.govdeals.com of the surplus property described in attachment A as per the terms and condition as specified in the County’s existing contract with Govdeals.

 

3. Authorize the Procurement Manager or her designee to execute any and all documents necessary to transfer title to said property on behalf of Union County.

 

d.

Resolution Supporting the Catawba-Wateree River Basin Master Plan

 

Background: The Catawba River Water Supply Project (CRWSP), jointly owned by Union County and the Lancaster Water and Sewer District, is a member of the Catawba-Wateree Water Management Group.

 

The Catawba-Wateree Water Management Group,  with input from the  CRWSP, completed a Water Supply Master Plan to provide a resource for a more sustainable water supply for future generations.

 

This resolution supports the Water Supply Master Plan adopted by the Catawba-Wateree Water Management Group.

 

Financial Impact: No Financial Impact

 

ACTION REQUESTED:

Adopt Resolution supporting the Catawba-Wateree River Basin Master Plan

 

e.

Pyrotechnic Display

 

Background: East Coast Pyrotechnics has performed several shows at Longview County Club in the past, they have the required liability insurance coverage and have submitted all required documentation for issuance of a permit.  The show is scheduled for April 18 at approximately 9:00 pm.

 

Financial Impact: None

 

ACTION REQUESTED:

Approve the Fire Marshal's Office to issue a Operational Permit based upon a site inspection conducted prior to the show.

 

f.

Letter of Support - Permanency Innovation Initiative Services (A Family for Every Child)

 

Background: In 2013, the North Carolina General Assembly included a special provision in the State’s biennium budget, A Family for Every Child, which established the Permanency Innovation Initiative (PII) Fund in statute § 131D-10.9B.  This project was designed to help older, long waiting children in foster care receive the benefits of being raised in a safe, permanent, and loving family.

The State contracted these services with the Children’s Home Society of North Carolina. The Children’s Home Society of North Carolina, in partnership with County Department of Social Services agencies, is working to deliver Child Specific Adoption Recruitment, Family Finding and permanency-focused training services across North Carolina.

 

The Union County Department of Social Services has referred children to receive Family Finding and Child Specific Recruitment Services and referred staff to receive professional training services.  The Children’s Home Society of North Carolina is working with the State to renew this initiative for another two years to further evaluate the impact of these services in bringing about permanency for children in foster care, and has requested the DSS agencies that have utilized these services to provide a letter of support to renew this initiative for another two years.

 

Financial Impact: N/A

 

ACTION REQUESTED:

Authorize the Chairman to sign Letter to the North Carolina General Assembly in support of recurring funding for the Permanency Innovation Initiative to assist Union County DSS with achieving permanency for older youth in foster care and reduce the number of children aging out of foster care without a support system

 

g.

Union County Public Schools Roofing Projects

 

Background: The agreement between the County and Union County Public Schools (UCPS), signed February 27, 2014 appropriated over $9.5 Million for Emergency Roofing Needs.  The terms of the agreement stipulates that the County Manager is authorized to approve transfers between the roofing projects on the list as long as the amount transferred is less than ten percent of the individual total for each project.  The amount of the transfer requested for Benton Heights Elementary School (BHES) exceeds the ten percent threshold, and therefor requires the approval of the Board of Commissioners.

 

Financial Impact: The BHES Roofing Project was originally estimated at $505,395.  UCPS is requesting that savings from other roofing projects totaling $543,304 be transferred to the BHES roofing project, bringing the project total to $1,048,699.  There is no additional financial impact to the County.  The attached CPO list each project the savings is to come from.

 

ACTION REQUESTED:

Approve the transfer of $623,564 from appropriated roofing projects (approved by the BOCC on January 21, 2014 and pursuant to the terms of the February 27, 2014 agreement between the Union County Board of Commissioners and the Union County Board of Education) to the Benton Heights Elementary School Roofing Project (BHES), Piedmont High School Roofing Project (PHS), establish a Roofing Audit project, and adopt Capital Project Ordinance (CPO) Amendment #170.

 

h.

Sheriff’s Office Firearms Range Capital Project

 

Background: The Sheriff’s Office Firearms Range (Firearms Range) was previously adopted as a multiyear Capital Project by the Board of County Commissioners in FY 2006 and was amended in FY 2013.  The total funding appropriated to date for this project is $6,555,665, with an additional $2,000,000 planned in FY 2016.

 

The Firearms Range is currently in the design and engineering phase and it is anticipated that a construction bid will be issued in mid-summer.  To allow construction to begin as early as possible, funding will need to be advanced in FY 2015.

 

During the current Fiscal Year (FY 2015) the General Fund has had several vacant positions throughout the year.  The vacancies have created a savings of $800,000.  The Budget Amendment will appropriate these savings to the Interfund Transfer (IFT) to the General CPO Fund 40.  The CPO will appropriate this IFT as well as unallocated funds of $1,200,000 previously transferred from the General Fund to the General CPO Fund and will be allocated to the Firearms Range.   

 

Maximizing the savings in FY 2015 and CIP savings through the years will allow for a $2,000,000 reduction in the planned FY 2016 Pay Go Capital funding.

 

Financial Impact: During FY 2015 the General Fund operating budget has a savings from Salaries and Benefits of $800,000 due to position vacancies throughout the year.  The BA will appropriate the savings of $800,000 from the General Fund to be transferred to Capital Project Fund.  The CPO will appropriate the savings and unallocated funds of $1,200,000 previously transferred from the General Fund to the General CPO Fund.

 

ACTION REQUESTED:

Adopt Capital Project Ordinance (CPO) Amendment #171 and Budget Amendment (BA) #25.

 

i.

Union County Donations Policy

 

Background: On occasion, the County receives donations to support County projects and programs.  Contributions made to the County may be deductible for Federal Income Tax purposes under provisions of the Internal Revenue Code. 

The Union County Donations Policy provides general guidelines and authorizes the County Manager and Executive Director of Administrative Services/CFO (the “Executive Director”) to have certain authority relative to the receipt of donations.

 

Financial Impact: Not applicable.

 

ACTION REQUESTED:

Approve Union County Donations Policy

 

j.

Union County Cash Handling Policy

 

Background: The purpose of this policy is to establish the Cash Handling Policy in accordance with North Carolina General Statutes (N.C.G.S.) §§159-25(a) and §159-32.

 

The Cash Handling Policy authorizes the Executive Director of Administrative Services/CFO to establish procedure and processes necessary to adhere to the North Carolina General Statutes and Generally Accepted Accounting Principles.

Financial Impact: Not applicable

 

ACTION REQUESTED:

Approve Union County Cash Handling Policy

 

k.

Conveyance of Military Surplus Property from Union County Sheriff's Office to Lenoir County Sheriff's Office

 

Background: The armored vehicle was donated to Union County Sheriff's Office from Law Enforcement Support Services (LESS) "Military Surplus" many years ago.  In accordance with G.S. 160A-274, the County Manager is authorized to dispose of this property to Lenoir County Sheriff's Office. 

 

Financial Impact: None

 

ACTION REQUESTED:

Adopt Resolution authorizing County Manager to convey vehicle to Lenoir County Sheriff's Office

 

l.

Minutes

 

1.

Regular Meeting of March 2, 2015

ACTION REQUESTED:

Approve Minutes

 

 

m.

Information Only:

 

1.

Monthly Personnel Reports for February 2015

 

Old Business:

 

6.

Resolution Requesting that the Union County Board of Elections Hold Elections Regarding the Countywide Sale of Certain Types of Alcohol and Operation of ABC Stores.

 

Background: Public Hearing Regarding this matter was held earlier in the meeting.

 

During its regular meeting of March 16, 2015, the Board of Commissioners voted to hold a public hearing at its April 6, 2015, regular meeting to receive comments regarding the Board of Commissioners’ consideration of requesting that the Union County Board of Elections hold elections regarding the countywide sale of certain types of alcohol and operation of ABC Stores and also to consider at the April 6, 2015, meeting adoption of a Resolution Requesting that the Union County Board of Elections Hold Elections Regarding the Countywide Sale of Certain Types of Alcohol and Operation of ABC Stores.

 

Detailed Background Information from the Agenda Abstract from the March 16, 2015, meeting is included below:

 

Pursuant to Article 6 of Chapter 18B of the North Carolina General Statutes, the governing board of a county may adopt a written request to the county board of elections asking that they conduct an election regarding certain propositions related to the sale of alcohol in the county.  The governing board’s written request must state the propositions upon which the voters will vote.  Additionally, the county board of elections must set the date for such an election in accordance with the written request and with G.S. § 163-287, which specifies when special elections may be held.

 

There are four types of alcoholic beverage sales propositions that may be included on a ballot related to the sale of alcohol (with multiple choices for propositions within some of the alcohol sale types as well).  These are propositions related to:  (i) the sale of malt beverages, (ii) the sale of unfortified wine, (iii) the operation of ABC stores, and (iv) the sale of mixed beverages.  If any of the propositions are approved at such a county election, the sale of that type of alcohol as set forth in the proposition (or the establishment of an ABC store) will be allowed throughout Union County, regardless of a vote regarding such alcohol sales in any city or township at that or any previous or subsequent election, and regardless of any local act making sales unlawful in that city or township (unless such a local act was ratified prior to the effective date of Article II, Section 24(1)(j) of the Constitution of North Carolina).  If a majority votes against certain alcoholic beverage sales in a county election, sales of that kind of alcohol will remain unlawful throughout the county, except in any city or township in which such sales are already lawful or subsequently made lawful.  Thus a countywide vote against alcohol sales will not affect the sale of alcohol within cities and townships that have already legalized alcohol sales in their jurisdictions.  It should be noted that “on-premises” sale means the type of alcohol at issue may be sold for consumption on the premises of the place of sale, whereas “off-premises” sale means the type of alcohol at issue may be sold for consumption not on the premises of the place of sale (and where possession and consumption of such alcohol is otherwise legal).

 

It should also be noted that no county alcoholic beverage election may be held within three years of the certification of the results of a previous election on the same kind of alcoholic beverages in that county.  Thus, if there is a majority vote against the sale of a certain type of alcoholic beverage, another election on the countywide sale of the same kind of alcoholic beverages may not be held again for three years from the date of the election results certification. 

 

Regarding the possible ballot propositions, first there may be propositions for malt beverage sales at such an election.  A malt beverage means beer, lager, malt liquor, ale, porter, and any other brewed or fermented beverage except unfortified or fortified wine, which contains at least 0.5%, and not more than 15%, alcohol by volume.  A malt beverage election may contain any or all of the following four propositions: (1) to permit the “on-premises” and “off-premises” sale of malt beverages; (2) to permit the “on-premises” sale only of malt beverages; (3) to permit the “off-premises” sale only of malt beverages; and (4) to permit the “on-premises” sale of malt beverages by Class A hotels, motels, and restaurants only; and to permit “off-premises” sales by other permittees.  If propositions (2) and (4) are on the ballot and proposition (2) receives a majority of “FOR” votes, then the type of sales in that proposition will be allowed regardless of the vote on proposition (4).  If multiple malt beverage propositions are on the ballot, including proposition (2), and the majority of votes are “FOR” proposition (1), then both “on-premises” and “off-premises” sales will be allowed regardless of the vote on any other malt beverage proposition at that election. 

 

Second, there may be propositions for unfortified wine sales at such an election.  Unfortified wine means any wine of 16% or less alcohol by volume made by fermentation from grapes, fruits, berries rice or honey; or by the addition of pure cane, beet or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine.  An unfortified wine election may contain any or all of the following three propositions: (1) to permit the “on-premises” and “off-premises” sale of unfortified wine; (2) to permit the “on-premises” sale only of unfortified wine; and (3) to permit the “off-premises” sale only of unfortified wine.  If multiple unfortified wine propositions are on the ballot, if the majority of votes are “FOR” proposition (1), then both on-premises and off-premises sales of unfortified wine shall be allowed, regardless of the vote on any other unfortified wine proposition at that election.

 

Third, there may be a proposition to permit the operation of ABC stores.  If the operation of an ABC store is approved, the county may establish an ABC board and operate ABC stores.  Except for certain exceptions, liquor may be sold only in ABC stores operated by local boards.  Liquor means distilled spirits or ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin, and all other distilled spirits; and mixtures of cordials, liqueur, and premixed cocktails, in closed containers for beverage use regardless of their dilution. ABC stores may also sell fortified wine.  Fortified wine means any wine of more than 16%, and no more than 24%, alcohol by volume, made by fermentation from grapes, fruits, berries, rice, or honey; or by the addition of pure cane, beet, or dextrose sugar; or by the addition of pure brandy from the same type of grape, fruit, berry, rice, or honey that is contained in the base wine.  The North Carolina ABC Commission may also issue on-premises and off-premises fortified wine and unfortified wine permits to qualified persons and establishments, regardless of any unfortified wine election.  Additionally, the ABC Commission may issue brown-bagging permits (permits authorizing individual patrons of an establishment to bring certain amounts of alcohol onto the premises to consume said alcoholic beverages on the premises) to restaurants, hotels, and community theaters in the county; however, brown-bagging permits may not be issued in any jurisdiction in which the sale of mixed beverages has been approved.

 

Fourth, there may be a proposition to permit the sale of mixed beverages in hotels, restaurants, private clubs, community theatres, and convention centers.  In order to hold an election for the sale of mixed beverages, a county must already operate at least one county ABC store OR a county election on ABC stores must be held at the same time as the mixed beverages election.  If the sale of mixed beverages is approved, the ABC Commission may issue mixed beverages permits.  A mixed beverage means a drink composed in whole or in part of liquor and served in a quantity less than the quantity contained in a closed package, or a premixed cocktail served from a closed package containing only one serving.  The ABC Commission may also issue on-premises malt beverage, unfortified wine, and fortified wine permits for establishments with mixed beverages permits, regardless of any election or local act concerning such sales.  Additionally, the ABC Commission may issue brown-bagging permits for private clubs and congressionally chartered veterans organizations (as those terms are defined by statute), but it may not issue or renew brown-bagging permits for restaurants, hotels, and community theatres.  The ABC Commission may also continue to issue culinary permits (allowing a permittee to possess certain amounts of fortified wine or liquor for culinary purposes) for restaurants, hotels, and community theatres.  If mixed beverages are approved at an election, but voters do not approve the establishment of an ABC store, the ABC Commission may issue mixed beverages permits in the county.

 

In any request for the conduct of an alcoholic beverages sales election, the governing board requesting such an election shall state the date on which the special election is to be conducted.  Such a countywide election may only be held at the following times pursuant to G.S. § 163-287: (1) at the same time as any other State or county general election; (2) at the same time as the primary election in any even-numbered year; and (3) at the same time as any other election requiring all the precincts in the county to be open.  Thus, the Board of Commissioners in making a request for an alcoholic beverages sale election, must consider the date on which such an election will be conducted.  The next earliest dates such an election may take place are: (1) the date of the 2016 presidential primary, which although not yet officially set, is scheduled to be held the Tuesday after the South Carolina presidential primary (this is an election requiring all precincts in the county to be open); (2) May 3, 2016, the date of the state primary (even-year primary); and (3) November 8, 2016, the date of the 2016 general election (the time of a State/county general election).

 

The resolution attached to this agenda abstract addresses all four proposition types regarding alcoholic beverage sales in North Carolina (malt beverages, unfortified wine, ABC stores, and mixed beverages).  The propositions for the sale of malt beverages and unfortified wine in the attached resolution are only those that ask the voter to determine whether they are “FOR” or “AGAINST” both the “on-premises” and “off-premises” sale of those types of alcohol.  If the Board of Commissioners desires to request an election on different or more propositions regarding malt beverages and/or unfortified wine as described above (such as to allow only on-premises sales, to allow only off-premises sales, etc.), this resolution will need to be modified.  Also, if the Board desires to remove a type of alcoholic beverage sale from the propositions in the request, the resolution will need to be modified. The date set forth in this resolution for such an election is the 2016 presidential primary, which date has not been firmly set (but will occur the Tuesday after the South Carolina presidential primary).  It would be advisable for the Board to return to this issue (not later than 45 days prior to the election) and affirmatively approve the actual date of the presidential primary once established.  If there is another date the Board of Commissioners would desire to set for such an alcoholic beverages election, the resolution will need to be revised accordingly.

 

Financial Impact: n/a

 

ACTION REQUESTED:

Adopt Resolution Requesting that the Union County Board of Elections Hold Elections Regarding the Countywide Sale of Certain Types of Alcohol and Operation of ABC Stores

 

7.

Employee Survey

 

Background: The employee survey Selection and Development Committee recommends that Union County participate in the Charlotte Observer Top Workplace program and utilize the employee survey associated with the program in lieu of engaging a consultant to develop and administer an employee survey with similar focus.  

 

Overview: TOP WORKPLACES 2015

 

The Charlotte Observer along with 30 major publishers across the United States is sponsoring regional Top Workplaces program. The Top Workplaces program evaluates approximately 5,000 organizations in total, which included 872 companies with more than 1,000 employees nationwide.

 

From those employers that participate, the Top 25 Employers from each publication market are selected. The evaluation for selection is based purely on the results of an employee survey. Essentially, employers are ranked based on the ratings that employees give them.

 

The Top Workplaces program was set up to recognize employers that have a great workplace and to encourage all organizations to improve the quality of their workplace.

 

Workplace Dynamics LLP was selected by the publishers to develop an employee survey for this process that could be used to assess the employment health of an organization. The Top Workplaces evaluation is done on the basis of a 22 question employee survey. The surveys can be taken online or on paper.  The whole survey process takes only 4 weeks.

 

Every participant receives a free summary report. In addition, the following in-depth reports can be purchased:

 

•           An online results tool allows you to cut the data in any way you like.

 

•           The overview report provides a presentation-ready summary of our findings.

 

•           Individual department reports focus on the strengths and weaknesses for each department head.

 

•           Comments reports provide you with targeted ideas from employees on what is working well and what can be improved.

 

The Workplace Dynamics employee survey addresses most if not all the categories of expressed interest by the BoCC.

 

Frequently Asked Questions

 

1.         What are the benefits of participating and being named to a Top Workplaces list?

 

o          An employer will be recognized in a special edition of the partner newspaper and receive an online profile on top workplaces.com

 

o          Becoming a Top Workplace is a great way to attract and retain the best talent

 

o          An employer can use the Top Workplaces logo on company materials and websites to help spread the word about your work environment

Workplace Dynamics assesses your ‘organizational health’. Research shows that the core elements of organizational health are what employee’s value most in the workplace and that organizations with high levels of organizational health outperform their peers.

 

2.         Are there any costs to participating?

 

o          Surveying: There is no cost for surveying employees online.

 

If paper surveys are needed for employees that do not have an email address, there is a fee of $1.75 per paper survey to cover the costs of printing, postage and scanning.

 

o          Results upgrade packages are optional for a fee: For employers that wish to have more in-depth access to survey results.

 

3.         What does Union County need to do to participate?

 

o          Agree to the participation terms.

 

o          Provide us with the number of paper surveys you require (if any) and the email addresses of employees. All information collected is kept confidential and NEVER shared or sold.

 

o          We recommend that you send us a list of departments.

 

o          We recommend that prior to the start of the survey you circulate a communication to employees to let them know about the program.

 

o          If you require paper surveys, we will send the paper surveys to one point of contact. We ask you to distribute these to the required employees.

 

o          We recommend that you complete a short Questionnaire to help with your organization profile for the publication and website should you be named to the list.

 

4.         How are surveys distributed?

 

Workplace Dynamics provides access to an online survey or provide paper surveys (or a combination of both).

 

o          Online survey: If you provide us with your email addresses, we can send a link to the online survey directly to your employees. Each survey has a unique survey code which makes the process more robust as each employee only has access to one survey code and can therefore only complete the survey once.

 

o          Paper survey: We can send you the appropriate number of paper surveys and postage-paid reply envelopes to a point of contact.

 

5.         Are individual employee survey responses confidential?

 

Yes, Workplace Dynamics takes confidentiality extremely seriously. Without confidentiality, this survey would not provide the candid feedback which makes the results so valuable. We only show survey results that are the aggregate of at least 6 employees. For certain results views we require 12 responders (to display the department associated with a comment) and 30 responders (to show a heatmap).

 

Union County’s survey results are not shared with any third party.

 

6.         How are employee email addresses used?

 

Workplace Dynamics has surveyed over two million employees via email and have never and will never release a single email address to another party or use a survey-taker's email address for any purpose other than inviting the individual to take the workplace survey.

 

7.         Is there a minimum response rate required?

 

A 35% response rate is required to be considered for Top Workplaces designation.

 

8.         If our organization is not named to the Top Workplaces list, will our name ever appear anywhere stating that we participated?

 

No, we keep the names of participants confidential. Only the names of participants that make the Top Workplaces lists are shared with the partner newspaper.

9.         Are there any participation terms and conditions?

 

Yes, there are a set of terms that are aimed at laying out the rules, and protecting your confidentiality.

Financial Impact: No funding is required in order to participate in the Top Workplace program employee survey using the online format.

 

No funding required for the basic employee survey results report.

 

Funding will be required IF Union County elects to purchase an upgrade reporting package with a more in-depth access to survey results.

 

ACTION REQUESTED:

Authorize participation in the Top Workplace Program sponsored by the Charlotte Observer.

 

Authorize the Development and Selection Committee to cancel and withdraw the RFP process for Employee Survey Services.

 

New Business:

 

8.

Appointments to Boards and Committees

 

a.

Board of Adjustment

 

Background:  The terms of two members of the Board of Adjustment expire on April 19, 2015: Mark Tilley and Jennifer Stewart.  Applications have been received as follows: 1) Mark S. Tilley (reappointment); 2) Jennifer Stewart (reappointment); and 3) S. Daniel Fraser.

Financial Impact: N/A

 

ACTION REQUESTED:

Consider appointments from applications received

 

b.

Board of Equalization and Review - Appointment of Member and Appointment of Chair for 2015

 

Background: The term of Frank W. Howey, Jr., on the Board of Equalization and Review expired in February 2015.   Applications for this vacancy were received as follows:  1)  William J. Allen; and 2) Mike Rape.

 

Also It is requested that the Board of Commissioners appoint a member of the Board of Equalization and Review to serve as Chair for FY 2015.

 

Financial Impact: N/A

 

ACTION REQUESTED:

Consider appointment of member to the Board of Equalization and Review from applications received and consider appointment of Chair for 2015

 

c.

Planning Board

 

Background:  The terms of three regular members on the Planning Board expire on April 19, 2015.  Applications have been received as follows:  1) Robert Traficanti, Jr. (reappointment); 2) Roger Stanton (reappointment); and 3) Sean Maher.

 

Financial Impact: N/A

 

ACTION REQUESTED:

Consider appointments from applications received

 

d.

Union County Adult Care Home Community Advisory Committee

 

Background: The term of Cathy Turner of the Union County Adult Care Home Community Advisory Committee expired in December 2014.  Ms. Turner has applied for reappointment.

 

Financial Impact: N/A

 

ACTION REQUESTED:

Consider appointment from application received

 

e.

Local Emergency Planning Committee (LEPC)

 

Background: Neal Speer, Former Fire Marshal, served as Chair of the LEPC until his retirement from Union County Government in January. 

 

In accordance with Article IV, Section 2 of the LEPC's Bylaws, the Board of County Commissioners shall appoint the Chairman of the Committee.

 

Financial Impact: N/A

 

ACTION REQUESTED:

Appoint Don Moye, Emergency Management Coordinator, as Chair of LEPC

 

9.

County Manager’s Comments

 

 

 

10.

Commissioners’ Comments

 

Adjournment