AGENDA
UNION COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
7:00 PM
Board Room, First Floor
Union County Government Center
500 North Main Street
Monroe, North Carolina
3:00 P.M. – Special Meeting (Work Session – Sustainable Volunteer Fire Department Funding and Possible Bond Election Projects/Closed Session – Human Resources Training Room, Room 131, First Floor, Union County Government Center, 500 North Main Street, Monroe, NC 28112)
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1. |
Service Award and Retiree Employee Recognition
Background: The list below details the current employee service award recipients for the month of March and employee retirements for the month of February. Please join us in acknowledging and congratulating these employees by reading their names during the opening of the BoCC meeting.
The employee recognition program acknowledges employees for full-time continuous service at the following intervals: 5 years, 10 years, 15 years, 20 years, 25 years, and 30 years of service.
Financial Impact: N/A
5 Years Of Service Service Area Pilar Nieves-Haywood Sheriff’s Office Megan Gutierrez Sheriff’s Office Dustin Medlin Sheriff’s Office Yohance Prince Sheriff’s Office Desiree Blackmon Human Services Chrystal Bostic Human Services Eugene Henderson Human Services Teresa Kazamias Human Services Sheila Tyler Human Services Theresa Medlin Human Services
10 Years Of Service Service Area Elaina Wolfe Community Services Sharon Boyette Human Services Gregory Fultz Human Services Deborah Patterson Human Services
15 Years Of Service Service Area Bill Whitley Community Services Sharon Guillen Public Works
25 Years Of Service Service Area David Womack Human Services
Retirees for the Month of February:
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ACTION REQUESTED: |
Recognize the monthly service award recipients and employee retirements. |
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d. |
Certificate of Achievement for Excellence in Financial Reporting
Background: The Certificate of Achievement for Excellence in Financial Reporting has been awarded to Union County by the Government Finance Officers Association of the United States and Canada (GFOA) for its 2014 comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.
An Award of Financial Reporting Achievement has been awarded to Administrative Services, Finance Division, Union County as being primarily responsible for preparing the award-winning CAFR.
The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR.
The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago, IL and Washington, D.C.
Financial Impact: Not Applicable. |
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ACTION REQUESTED: |
Presentation of Certificate of Achievement |
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Galvanized Water Line Replacements – FY15
Background: The currently approved Capital Improvement Program includes an annually funded program to replace aging and inadequate water lines. In September 2014 the engineering Task Order was approved for the design, bidding and Construction Administration that included replacement of aging 2-inch galvanized water lines at various locations as shown on the attached map. The project includes approximately 5,400 linear feet of 6-inch and 2-inch PVC pipes which will provide increase fire protection and improved service to 64 existing customers. On February 12, 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 $329,636.94 to $541,210.00. Based on the engineer’s review and Procurement’s approval, staff recommends that the project be awarded to the lowest responsive responsible bidder, Fuller and Company Construction, LLC in the amount of $329,636.94.
Financial Impact: Funding is available within the current program for the total construction contract in the amount of $329,636.94.
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ACTION REQUESTED: |
Accept the low bidder, authorize award of the construction contract to Fuller and Company Construction, LLC, in the amount of $329,636.94, and authorize the County Manager to approve the construction agreement pending legal review.
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2. |
Level 3 Communications Amendment
Background: The Union County Division of Information Systems issued a request to Level 3 Communications (formerly twTelecom) to provide the County the cost of providing communications services to the Union County Sheriff’s office, Union County Main Library, Union County Nutrition and Transportation and the Union County Agriculture Center.
Presently communications services to the Union County Sheriff’s office, Union County Board of Elections and Union County Agriculture Center are provided by Time Warner Cable Business Class. The existing agreement between Union County and Time Warner Cable Business Class has expired.
The Union County Division of Information Systems is recommending that Union County terminate the communication services presently provided by Time Warner Cable Business Class and move forward with the implementation of communication services provided by Level 3 Communications.
Moving forward with the implementation of the communication services provided by Level 3 Communications, Union County will be positioned to provide for increased bandwidth between the Government Center and the Union County Sheriff’s office when the need arises, provide more bandwidth between the Union County Agriculture Center and the Government Center, provide a reliable communications connection between the Government Center and Union County Nutrition and Transportation and provide a communications connection between the Union County Main Library and Union County Board of Elections. twTelecom now Level 3 Communications has provided Union County with its Internet connection and main phone lines since 2005. Their level of service and reliability has been very good.
Financial Impact: Approving this amendment the impact to the General Fund will remain the same. Expenditures for the communication costs are budgeted for in 21542109-5321. The monthly cost is $7,584.80 for an annual cost of $91,017.60. The total cost over the 36 month agreement is $273,052.80. |
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ACTION REQUESTED: |
Authorize the County Manager to approve the Amendment with Level 3 for communication services, pending legal review.
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Contract between County of Union and Union County Public Schools for the FY16 School Nurse Funding Initiative
Background: The NC Division of Public Health places a strong emphasis on preventive health services. In FY 04/05, in order to improve school nurse availability, the NC General Assembly appropriated funds to support 145 school nurse positions state-wide. In 2011, the General Assembly passed House Bill 200 that redirected those funds to local health departments.
Union County Division of Health has determined that the best current use of these funds is to transfer the $50,000 allocation to Union County Public Schools. The contract outlines that these funds will be used to employ one full-time certified school nurse or registered nurse to enhance Union County Public Schools’ capacity to provide basic health services to students. The contract also specifies that the public health funded school nurse position will be made available in the event of a public health need.
Financial Impact: $50,000 from the State will be directed to the Union County Division of Health and passed to Union County Public Schools.
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ACTION REQUESTED: |
Authorize the County Manager to approve the Contract for School Nursing Services, pending legal review, and accept $50,000 from the State for the FY16 School Nurse Funding Initiative and redirect those funds to Union County Public Schools for the employment of one full-time registered nurse to provide basic health services to students.
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Lease of Office Space at Union County Agricultural Center to the N.C.
Background: The N.C. Forest Service currently leases 803 square feet of office space for its Union County branch office and desires to renew its currently lease agreement.
Financial Impact: This lease yields an annual revenue of $5,400 ($450.00/month) to the County.
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ACTION REQUESTED: |
Authorize the County Manager to approve a renewal of the lease with the N.C. Forest Service for 803 square feet of space at the Union County Agricultural Center pending legal review.
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Catawba River Water Treatment Plant (CRWTP) Redundancy and Reliability Improvements Project – Residual Spray Irrigation System
Background: The Residual Spray Irrigation System Project is part of the overall Redundancy and Reliability Improvements being constructed at the CRWTP. On February 24, 2015 sealed bids were received for the project at the Catawba River Water Treatment Plant. A total of three bids were received ranging from $536,921 to $738,000 with the low bid submitted by Neal’s Grading.
All Bids were reviewed and certified by the engineer, see attached recommendation letter and certified bid tabulation. On March 4, 2015, the Catawba River Water Supply Project Board accepted and approved the engineer’s recommendation of Award. Based on that approval and in consideration of the engineer’s review and approval of the bids, staff recommends that the project be awarded to the lowest responsive responsible bidder, Neal’s Grading, in the amount of $536,921.00.
Financial Impact: Funding is available within the CIP Program for this construction contract. The Contract will be paid for equally by Union County and Lancaster County Water and Sewer District, with a total cost of $268,460.50 each.
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ACTION REQUESTED: |
Accept the low bidder, Neal’s Grading, authorize award of the construction contract, and authorize the County Manager to approve the construction agreement pending legal review. (Union County’s share of the cost is $268,460.50)
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Catawba River Water Treatment Plant (CRWTP) Reservoir – Task Order 2D for Black and Veatch
Background: The proposed 1.0 billion gallon Reservoir for the Catawba River Water Treatment Plant has received final approvals for construction in the form of the SCDHEC 401 Water Quality Certification and US Army Corps of Engineers 404 Permit. The Construction Documents (Plans & Specifications) were originally completed by the consultant in 2011. The Construction and Bidding documents must be updated to address special provisions as identified in the aforementioned regulatory approvals; update components of the facility to comply with the 2012 SC Building Code; update documentation in support of land disturbance permitting; and, revise the front-end bid documents to coincide with the recently revised standard master bid documents developed by Union County and LCWSD. This task order provides for the Engineering Consultant to update the Contract Documents accordingly and activates the Bidding Phase of work pursuant to the original Agreement.
The Task Order was received and recommended for approval by the CRWSP Board at their 4 March 2015 meeting. Based on that approval, staff recommends that Black & Veatch perform the work identified in the Task Order for $290,900.00.
Financial Impact: Funding is available within the CIP Program for this construction contract. The Contract will be paid for equally by Union County and Lancaster County Water and Sewer District, with a total cost of $145,450.00 each.
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ACTION REQUESTED: |
Accept scope of services as shown in Task Order 2D with Black and Veatch, and authorize the County Manager to approve the Task Order pending legal review (Union County’s share of the cost is $145,450).
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Catawba River Water Treatment Plant (CRWTP) Process Modifications – Task Order 003A, 004A for MDB Consulting Engineers
Background: Having received regulatory approval for the reservoir, the design and Construction Documents need to be updated and finalized in accordance with the reservoir design and the special provisions of the SCDHEC 401 Certification and the US Army Corps of Engineers 404 permit. In addition, the task includes design and bidding services for a new raw water intake structure and a new river pump station. These two new structures will be designed to optimize CRWTP’s ability to withdrawal raw water at a rate consistent with the existing Surface Water Withdrawal Permit.
The Task Order was received and recommended for approval by the CRWSP Board at their 4 March 2015 meeting. Based on that approval, staff recommends that MDB Consulting Engineers perform the work identified in the Task Order for $114,580.00.
Financial Impact: Funding is available within the CIP Program for this construction contract. The Contract will be paid for equally by Union County and Lancaster County Water and Sewer District, with a total cost of $57,290.00 each.
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ACTION REQUESTED: |
Accept scope of services as shown in Task Orders 003A, 004A with MDB Consulting Engineers, and authorize the County Manager to approve the Task Orders pending legal review. (Union County’s share of the cost is $57,290.00)
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Catawba River Water Treatment Plant (CRWTP) Redundancy and Reliability Improvements Project – Raw Water Main
Background: The Raw Water Main Project is part of the overall Redundancy and Reliability Improvements being constructed at the CRWTP and will also serve to feed the proposed raw water reservoir. On February 10, 2015 sealed bids were received for the project at the Catawba River Water Treatment Plant. A total of three bids were received ranging from $1,268,196 to $1,510,836 with the low bid submitted by Turner Murphy Company, Inc.
All Bids were reviewed and certified by the engineer, see attached recommendation letter and certified bid tabulation. On March 4, 2015, the Catawba River Water Supply Project Board accepted and approved the engineer’s recommendation of Award. Based on that approval and in consideration of the engineer’s review and approval of the bids, staff recommends that the project be awarded to the lowest responsive responsible bidder, Turner Murphy Company, Inc., in the amount of $1,268,196.00.
Financial Impact: Funding is available within the CIP Program for this construction contract. The Contract will be paid for equally by Union County and Lancaster County Water and Sewer District, with a total cost of $634,098.00 each.
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ACTION REQUESTED: |
Accept the low bidder, Turner Murphy Company, Inc., in the amount of $1,268,196.00, authorize award of the construction contract, and authorize the County Manager to approve the construction agreement, pending legal review (Union County’s share is $634,098.00)
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9. |
Amendment to HomeCare Management Corporation Agreement for Additional Temporary Income Maintenance Caseworkers for the Division of Social Services
Background: Due to the increased Medicaid and Food & Nutrition applications and re-certifications that the Division of Social Services is receiving, an additional 10 Income Maintenance Caseworkers are needed for this current fiscal year. All work pertaining to Medicaid is reimbursable by the State at 75%, and FNS-related activity is reimbursable by the State at 50%.
Ø The number of active Medicaid cases has increased 27% in the last year. o Medicaid income limits were raised with the enactment of Healthcare Reform. o The increase in Medicaid approvals each month accounts for additional reviews that will need to be completed the following year(s). Ø The population in Union County is growing at a rate of 5.7%, with children under the age of 18 accounting for 29.1% of the total population. o All Medicaid cases must now be converted into the new system. This process can take up to two hours for one case. Ø Currently, there are approximately 26,500 cases in need of conversion. Ø Electronic applications now being accepted are more time consuming to process. o No verifications are included with electronic applications. o Most must be rekeyed due to ongoing duplicate person issues.
Ø The number of applications taken for Food & Nutrition Services has increased 24% in the last year. o On average, the Division receives 771 applications for Food & Nutrition Services each month. o These cases must be reviewed every six months.
Financial Impact: Funding for these temporary positions will come from the reimbursement already received from the 75% that the Division has received this year over the projected reimbursement. The funds will not exceed $130,000.
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ACTION REQUESTED: |
Authorize the County Manager to approve an amendment to the HomeCare Management Corporation Agreement for an additional 10 temporary Income Maintenance Caseworkers for the Division of Social Services.
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Motorola MotoTrbo Radio Contract
Background: The contract provides the necessary equipment to construct a sole use conventional radio system including subscriber units, infrastructure, installation and associated software for the UCPS Transportation Motorola Moto Turbo UHF radio system.
Financial Impact: This is a not to exceed contract capped at $835,000. |
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ACTION REQUESTED: |
Authorize the County Manager to approve the Contract for the purchase of communications equipment pending legal review, in accordance with the Interlocal Agreement approved March 2, 2015, conditioned upon execution of the inter local between UCPS and Union County. |
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February 2014/2015 Abatement Report for Real Property, Personal Property and Motor Vehicles
Background: This is the February 2014 / 2015 Abatement Report for Real Property, Personal Property and Motor Vehicles
Financial Impact: Total taxes and fees abates $22,338.40
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ACTION REQUESTED: |
Approve the February 2014 / 2015 Abatement Report for Real Property, Personal Property and Motor Vehicles |
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c. |
Resolution in Support of Extending the Expiration Date of Certain Special Assessment Authority
Background: Currently, Article 9A of Chapter 153A of the North Carolina General Statutes gives a county the authority to enact special assessments for critical infrastructure needs beyond the previously established special assessment authority in Article 9 of that same Chapter. The purpose of the authority in Article 9A is to give counties another financing tool in facing increased demands for infrastructure improvements as a result of growth and development. However, the authority for such special assessments for critical infrastructure needs in Article 9A expires on July 1, 2015.
The attached resolution requests that the General Assembly approve legislation which would extend the expiration date of Article 9A of Chapter 153A of the North Carolina General Statutes to a date not earlier than July 1, 2017. It should be noted that this legislation was previously extended for a two-year period from July 1, 2013 to July 1, 2015. Extension of this legislation would continue to give counties the ability to utilize another tool for fairly funding certain critical infrastructure needs. The resolution also requests that once adopted, copies of the resolution be sent to the Union County Legislative Delegation to the North Carolina General Assembly. Because this is enabling legislation, extension would merely provide the County with the option to utilize this method in the future, not a requirement that it be utilized.
Financial Impact: None
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ACTION REQUESTED: |
Adopt the Resolution in Support of Extending the Expiration Date of Article 9A of Chapter 153A of the North Carolina General Statutes |
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ACTION REQUESTED: |
Approve minutes of Special Meeting of February 2, 2015 |
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Conditional Rezoning Petition #15-01, Weddington Creek, Requesting Rezoning Classification from R-20 (Residential) to R-8 (Conditional) Containing 74.33 Acres, Being on Tax Map #06-003-006, Located on NC Highway 84 and Airport Road, within Sandy Ridge Township.
Background: This is a map amendment request to establish an R8 Conditional Zoning District for the purpose of constructing a 140 lot Single Family Residential neighborhood. The subject property consists of one parcel containing 74.33 acres. The conceptual layout is generally consistent with the Union County Development Ordinance, but will be reviewed in further detail if the rezoning is approved. Some features of the proposed neighborhood include:
• 140 Single Family Residential lots
• Street trees along both sides of all internal roads
• Sidewalks along both sides of the main collector street and along one side of all local streets
• Protection of the Special Flood Hazard Area and jurisdictional streams via common area and stream buffers
• Future connectivity to adjacent property
Site access is provided through two neighborhood entrances along Weddington Rd. The entrance closest to Airport Rd. is the main entrance to the neighborhood and as such will have a full movement pattern. The secondary entrance closest to the culvert for the East Fork Twelve Mile Creek crossing will be a right in / right out movement only.
The Union County Planning Board voted 6-1 to recommend approval of this rezoning at their January 6, 2015, meeting.
The public hearing was held on February 2, 2015. Staff presented an overview of the project and provided both the Planning staff's and Planning Board's recommendations. One person spoke in opposition to the rezoning citing concerns about school capacity. The developer spoke in favor of the project. Some concerns raised during the Commissioners' discussion included school capacity issues and public safety concerns related to fire equipment access.
Financial Impact: None
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ACTION REQUESTED: |
Consider rezoning request and adopt applicable consistency statement |
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Water and Wastewater Capacity Update
Background: Staff has been requested to provide periodic updates on the current utilization of our water and wastewater capacity including committed allocation to new development and a status report on the construction of additional water and wastewater capacity to meet the County’s longer term water and wastewater capacity needs.
Financial Impact: No Financial Impact - Informational Only
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ACTION REQUESTED: |
Informational Only |
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Background: The approved Comprehensive Water and Wastewater Master Plan recommended new infrastructure required to meet potential new development in areas of the sewer collection system currently not served. Various sub-basins were identified as Developer Funded Projects where new infrastructure is required for providing sewer service into these undeveloped areas. Given the recent number of inquiries for potential new development in the western portion of the county, Black & Veatch was tasked with preparing a Sub-Basin Planning Addendum, to provide a more detailed refinement of future infrastructure needed in the following sub-basins near Weddington:
• Lake Providence • Tarkill Creek • Mundy’s Run
At the November 3, 2014 BOCC Workshop the Sub-Basin Planning Addendum results were presented and approval was given for both the Lake Providence and Mundy’s Run sub-basins. However the BOCC’s rejected the Tarkill Creek Sub-Basin Plan and directed staff to revise the plan to avoid the Walden Pond neighborhood entirely and move forward with evaluating pumping solutions to other nearby Union County infrastructure. The attached plan has been modified and recommends serving the northern portion of the Tarkill sub-basin with a regional pump station located just north of the Walden Pond neighborhood. Access will be from New Town Road only and the Pump Station will pump the future sewer flow east and into the existing 12-mile creek infrastructure.
Financial Impact: None, the infrastructure would be built and funded by new development.
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ACTION REQUESTED: |
Approve the Sub-Basin Planning Addendum, as part of the Comprehensive Water & Wastewater Master Plan |
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8. |
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: 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
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ACTION REQUESTED: |
Adopt the 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 |
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9. |
Resolution for the Conversion of Variable Rate General Obligation Bonds, Series 2004A
Background: The original 2004A bonds were issued as variable rate, and the County entered into a swap with Citibank, Bank of America and Wachovia to provide the County with a synthetically fixed rate. That swapped rate was 3.425%, and required the County to continually obtain a liquidity facility, which increased in cost during the 2008 credit crunch. By 2012 the County was paying over .45% for liquidity and remarketing, making the cost to the County as high as 3.88%. In May of 2013 the County moved to terminate swaps associated with GO bonds. The County subsequently entered into an agreement with US Bank to provide a direct placement for the debt. The Series 2004A GO Bonds were part of that financing, and the County has benefited from the 1.40% interest rate from US Bank, however the term was only for 6 years, and is set to mature in May of 2019. The County has stated we would continue to look for a long term solution.
Financial Impact: The fixed rate placement with Regions Bank will fix out the balance of the Series 2004A GO Bonds ($37,010,000) through final maturity (3/1/2029) at a rate of 2.28%. The long term benefit to the County can be measured in the Net Present Value (NPV) savings over the original transaction with the swap. The cost to terminate the swap in 2013 was $7,013,464.63 which was paid in FY 2013, and the County has already realized over $923,000 in NPV savings. Over the following 14 years, the County will save over $5.74 million NPV. The value in real (not time valued) dollars will be over $8.454 million, with the greatest savings coming in the last 5 years of the loan. Assuming the proposed transaction goes to final maturity, the County will have limited the loss to $344,876.87 net of the swap termination and NPV savings.
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ACTION REQUESTED: |
Approve resolution to fix out the balance of the Series 2004A GO Bonds with Regions Bank |
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Appointments to Boards and Committees
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Background: Devin Baucom's term as a member of the Fire Commission expired in February 2015. Mr. Baucom has applied for reappointment, and William Oke has applied for appointment.
Financial Impact: N/A
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ACTION REQUESTED: |
Consider appointments from applications received |
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12. |
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