AGENDA
UNION COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
Monday, February 2, 2015
7:00 PM
Board Room, First Floor
Union County Government Center
500 North Main Street
Monroe, North Carolina
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4:30 P.M. – Work Session – Projection Report
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1. |
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a. |
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b. |
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2. |
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a. |
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.
Financial Impact: None |
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ACTION REQUESTED: |
Conduct Public Hearing |
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4. |
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5. |
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a. |
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1. |
Amendment to Contract for Ryan White HIV Services.
Background: DHS has contracted for Ryan White Part A services for the past seven months. During that time, DHS has met with area providers to discuss collaborative efforts to meet the needs of Ryan White clients, and employees across the DHS divisions meet frequently to discuss Ryan White client needs. Additionally, each division has upgraded their respective client databases to ensure a higher degree of accuracy, compliance with regulations, and ability to appropriately share client information that guarantees transition into collaborative care. DHS's foundation for Ryan White services has been set, and Ryan White clients have begun utilizing available DHS services. It has become apparent, however, that DHS will not be able to use all of the funds originally awarded in its start-up year. Mecklenburg County, therefore, has requested the grant funding amount be decreased by $109,290.
Financial Impact: A reduction in grant funding in the amount of $109,290.
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ACTION REQUESTED: |
Authorize the County Manager to approve an Amendment to the grant contract between Mecklenburg County and Union County Human Services to decrease funding in Ryan White HIV, pending legal review.
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Landscape Restoration Services
Background: Following water and sewer line maintenance and repairs, landscaping and restoration services are necessary. These services include seeding, straw (mulch), sod placement, minor grading/drainage, etc. In the past, staff would take care of the minor landscaping repairs with seed/straw with in-house staff, larger restoration efforts where typically contacted out on a project specific basis.
In October 2014 Public Works issued an RFP for landscape restoration services. The purpose of this RFP was to secure a continuing service provider who could quickly and efficiently respond to our needs to restore disturbed property. Two firms submitted; DK Pressley and Taylor and Sons Landscaping and Mowing Inc. Both firms were selected based upon their individual expertise. Additionally, selecting both submitting firms will allow for an expeditious response to any landscape needs throughout the County.
Financial Impact: $200,000
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ACTION REQUESTED: |
Award contracts and authorize the County Manager to approve contracts pending legal review.
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3. |
Interlocal Agreement for the Purpose of Providing Fire Investigation Mutual Aid Services between Union County and the City of Monroe
Background: In an effort to provide additional resources in the area of fire investigations for both Union County and the City of Monroe; Union County Emergency Services, Fire Marshal’s Office; who is responsible for investigating the origin and cause of fires in all areas of Union County with the exception of fires that occur within the corporate limits of the City of Monroe, and The City of Monroe Fire Department; who is responsible for investigating the origin and cause of fires in all areas within the corporate limits of The City of Monroe have agreed to recommend the adoption of an Interlocal Agreement for the purpose of providing fire investigation mutual aid services between Union County and the City of Monroe. This agreement will provide personnel and resources on a reciprocal, as-needed basis for fire investigation services. This agreement will be effective upon execution.
Financial Impact: Each party to this Agreement shall assume all cost of salaries, wages, bonuses or other compensation for its own personnel that respond for duty under the terms of this Agreement and shall also assume all costs involving the use of the vehicles, equipment, tools used specifically in response to the request for aid and shall make no charge for such use to the party requesting assistance; however, any single use disposable items used by the responding party from its own supply shall be paid for by the party requesting the aid within thirty (30) days of receipt of an itemized statement of costs for such items.
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ACTION REQUESTED: |
Authorize the County Manager to approve an Interlocal Agreement for the purpose of providing fire investigation mutual aid services between Union County and the City of Monroe. |
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b. |
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December 2014 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 NCDMV. Financial Impact: Total amount of refunds: $6,272.57
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ACTION REQUESTED: |
Approve the December 2014 NCVTS Motor Vehicle Refund Report |
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c. |
PL Fund Grant Application from Charlotte Regional Transportation Planning Organization (CRTPO)
Background: As a member of CRTPO, Union County is requesting PL Funds to conduct an analysis and preliminary designs for recommended improvements for up to 15 critical intersections in Union County. These intersections will be high accident and/or high congestion intersections. The project will result in recommended improvements for those intersections that include a conceptual design and estimated costs. This will aid the NCDOT with funding those relatively lost cost improvements in Union County. Financial Impact: The PL Fund program requires a 20% match. The anticipated cost of the project is $100,000; therefore the financial impact to Union County is $20,000. These funds would be in FY2016.
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ACTION REQUESTED: |
Approve application for PL Grant funds of $80,000 |
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d. |
Application for the Public Exhibition of Pyrotechnics by East Coast Pyrotechnics to be held at Meadow Woods Farm on February 14, 2015.
Background: East Coast Pyrotechnics has submitted an application for a public fireworks display to be conducted at the Meadow Wood Farm on February 14, 2015 at approximately 10:00 PM, as prescribed in the North Carolina State Fire Code, 2012 Edition, Section 3308.
North Carolina General Statues 14-410 and 14-415 require the BOCC to authorize said fireworks display prior to permitting.
East Coast Pyrotechnics has submitted with their application all of the required documentation, which includes a site map of the show area which indicates setback distances to audience areas, residences, and important structures; a description of the show including the size of shells being used; a certificate of liability insurance of at least $500,000 ($2,000,000 provided); and a copy of the certified operator’s license. The Union County Fire Marshal's Office staff has reviewed the documentation and has
determined that pending a site inspection on February 14, 2015, and pending approval by the Union County Board of
Commissioners that East Coast Pyrotechnics will be eligible for permitting for the public fireworks display.
Financial Impact: None
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ACTION REQUESTED: |
Authorize East Coast Pyrotechnics to conduct a Public Exhibition of Pyrotechnics, at the Meadow Wood Farm on February 14, 2015, as required by North Carolina General Statutes 14-410 through 14-415. |
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e. |
Unionville Elementary Roofing Bids
Background: Based on the agreement between the County and Union County Public Schools that was signed February 27, 2014, The County appropriated over $9 Million for Emergency Roofing Needs. The terms of the agreement stipulate that The County Manager may approve transfers between the amounts approved for individual projects, as long as the amount transferred is less than 10% of the subtotal listed for each school. As the amount of the transfer required for the Unionville Elementary School Bid exceeds 10%, this transfer requires the approval of the Board of Commissioners.
Financial Impact: The Unionville Roofing Project was originally estimated at $13,680, received a bid of $31,236, needing an additional amount of $17,556. This amount will be transferred from the Weddington Elementary/Middle School Roofing Project, which was estimated at $39,300.
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ACTION REQUESTED: |
Approve the transfer of $17,556 from the amount required from the Weddington Elementary/Middle School Roofing Project to the Unionville Elementary School Roofing Project, pursuant to the terms of the February 27, 2014 agreement between the Union County Board of Commissioners and the Union County Board of Education. Further adopt Capital Project Ordinance Amendment #169 to this effect. |
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Amendment to the Union County Pay and Classification Plan
Background: Emergency Services is seeking to add a full-time position to the current FY2014 - 2015 Emergency Communications division budget that will be responsible for the various reporting requirements of the Emergency Services service area. The Emergency Services Analyst will be responsible for quality assurance along with the part-time quality assurance staff within the Emergency Communications division, Emergency Medical Services metric data and the coordination of the Fire Services records management system and incident reporting. Financial Impact: An additional allocation of 1 Full Time Equivalent (FTE) is required for the Emergency Communications budget.
Current funding allocations are adequate. No new funds are required for FY15. |
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ACTION REQUESTED: |
Approve an additional allocation of 1 Full-Time Equivalent (FTE) to the Emergency Communications budget and the addition and deletion of the following job classifications and associated pay grades to the Union County Pay and Classification Plan.
Add: 1) Emergency Services Analyst, Pay Grade 68 Delete: 1) Quality Assurance Coordinator, Pay Grade 68 |
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Amendment to the Union County Pay and Classification Plan to Add the Job Classification and Associated Pay Grade for Voice Communications Manager, Pay Grade 70
Background: The Information Systems division recently completed the installation of an upgraded phone system in all Union County facilities and has determined that it will be necessary to have a dedicated resource to provide oversight of all aspects of County issued voice communications. The Voice Communications Manager will provide technical oversight of the County phone system including the emergency telecommunications and County issued cellular phones ensuring that systems and equipment are operational. This classification will also monitor system performance, usage, and billing. As the primary contact for all County issued voice communications equipment responsibilities will also include answering end-user questions regarding system capabilities, upgrades, and overall capabilities; and working directly with vendors to obtain additional equipment.
Financial Impact: Current funding allocations are adequate. No new funds are required for FY15.
This action does not increase the Full Time Equivalent (FTE) personnel count approved by the Board.
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ACTION REQUESTED: |
Approve the addition of the following job classification and associated pay grade to the Union County Pay and Classification Plan.
Add: 1) Voice Communications Manager, Pay Grade 70 |
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h. |
Amendments to Concealed Handgun Regulation
Background: The regulation of firearms by local governments is generally pre-empted by State law. Pursuant to G.S. § 14-409.40(a), “It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is pre-empted from regulation by local governments except as provided by this section.” Further, with regard to concealed handguns, it is provided in G.S. § 14-415.23(a) that “It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivision, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun.”
However, there are exceptions to both statutory pre-emption provisions. For example, pursuant to G.S. § 14-409.40(f), a county may prohibit the possession of firearms in public-owned buildings and their grounds and parking areas. Pursuant to G.S. § 14-415.23(a), a county may by ordinance post a prohibition against carrying a concealed handgun on local government buildings and appurtenant premises.
It is pursuant to this authority that Union County in 1995 adopted “An Ordinance Permitting the Posting of Signs to Prohibit the Carrying of Concealed Handguns on Certain County Property,” referred to herein as the “Concealed Carry Ordinance.” The Concealed Carry Ordinance, which is now outdated, prohibited the carrying of concealed handguns at the Main Public Library in Monroe, at the Old Post Office, and at offices of Social Services, then located at the Franklin Courts office complex in downtown Monroe.
The Board of Commissioners re-affirms its position that the regulation of firearms and concealed handguns is generally a matter of State law. For example, firearms (including concealed handguns) are generally prohibited by State law on educational property, in buildings housing State or federal courts (such as the Union County Judicial Center), and at any establishment in which alcoholic beverages are sold or consumed. The Board does, however, desire to update the Concealed Carry Ordinance to make it applicable to all County libraries (not just that located in Monroe) and to make it applicable to Human Services at its Union Village location after vacating Franklin Courts, as well as any future location. The Board also desires to clarify in its Vehicle Use Policy that the possession of firearms, concealed or otherwise, in County vehicles is prohibited unless otherwise provided by applicable State law. Except as stated and in other very limited instances, the Board desires to follow and rely on State regulation where applicable.
Approval of this item on the agenda will result in amending the Concealed Carry Ordinance as shown on the attached amendment and in clarifying the “Alcohol, Drugs, Tobacco and Firearms Prohibited” section of the Union County Vehicle Use Policy, Approved Revision, October 17, 2011.
Financial Impact: N/A
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ACTION REQUESTED: |
(i) Amend “An Ordinance Permitting the Posting of Signs to Prohibit the Carrying of Concealed Handguns on Certain County Property” as indicated on the attached Amendment; and (ii) Amend the “Alcohol, Drugs, Tobacco and Firearms Prohibited” section of the Union County Vehicle Use Policy, Approved Revision, October 17, 2011” as shown on the attached Amendment |
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i. |
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1. |
Personnel Report for December 2014
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2. |
Background: Per Section XXVII of the adopted FY 2015 Operating and Capital Budget Ordinance, management reports that the following budget adjustment was made by the County Manager during December 2014.
- CMBA 12: Human Services, Public Health Division, Smart Start program – Smart Start grant funds are being reverted back to the State, therefore revenue and expenditure budget lines were reduced accordingly.
Per Section XXVIII of the adopted FY 2015 Operating and Capital Budget Ordinance, management reports that the following transfer was made by the Executive Director of Administrative Services/CFO during January 2015.
- CMBA 13: This CMBA will clear the $52,000 from CMBA # 10 and remit that amount to General Fund's Contingency.
The amount of $52,000 was prepared to come from the General CPO Fund via BA # 2 as approved on 8-18-2014 by the BOCC. The same amount was also prepared to come from the General Fund via budget rolls amendment CMBA # 10 as approved on 10-01-2014 by the County Manager. The purpose of the $52,000 was for additional software modules' licenses and related implementation, training, and first year of annual maintenance costs.
Financial Impact: As noted on budget transfers.
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ACTION REQUESTED: |
n/a |
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Background:
Prior to 1997, Union County operated Emergency Medical Services as a department of County government. In April of 1997, the County outsourced these services by entering into an agreement (the “Former Agreement”) with Carolinas Union Healthcare, Inc. (CUH), a subsidiary of the Charlotte Mecklenburg Hospital Authority.
At a September 29, 2014 Board of County Commissioners meeting the Board established a Working Group to evaluate data, response plans, cost, and reporting procedures associated with Emergency Medical Services.
However, because of the October 31 expiration date for the Former Agreement, it became necessary for the parties to negotiate a new agreement (the “October Agreement”), prior to the end of October. The October Agreement, which was approved by the Board of County Commissioners at their October 20, 2014 meeting, provides for a three-year term with either party having the right to terminate on one year’s written notice. The October Agreement contemplated amendments to the agreement to include the response time requirements and agreed upon metrics for the contract. The October Agreement provides for the parties to resolve the EMS budget through the annual budgetary process and for the performance standards to be determined annually based on the amount of funding available. The Working Group completed their work and presented recommendations to the Board of Commissioners on November 17, 2014 which were adopted by the Board.
The attached Amendment attempts to embody the recommendations of the working group and the direction received from the Board of County Commissioners at its November 17 meeting. It also includes changes resulting from several issues discussed during a meeting between County and CUH representatives on January 23. The Amendment incorporates both a redline of the County’s latest version, showing changes to the October agreement adopted by the Board, and a clean version of the same document.
At the time of processing the agenda package, Carolinas Union Healthcare indicated that they had several concerns that must be addressed prior to their approval of the Amendment. First, CUH has expressed concern that they will be agreeing to a service standard without having assurance of adequate funding for technology, equipment, and personnel. The budget for FY 2015-2016 is not established in the Amendment. Second, there is disagreement as to whether additional funding is required in the current fiscal year. Finally, the move up/backfill system proposed to the Board by the Working Group (and included in Exhibit B of the agreement) indicates specific deployment sites. CUH has indicated a preference for “deployment regions” rather than agreeing to specific sites.
Financial Impact: None anticipated for the balance of FY2015, however, increased costs will be realized in FY2016.
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ACTION REQUESTED: |
Authorize the County Manager to approve the Amendment to the EMS Agreement
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