AGENDA
UNION COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
Monday, January 5, 2015
7:00 PM
Board Room, First Floor
Union County Government Center
500 North Main Street
Monroe, North Carolina
Closed Session – 5:30 P.M.
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1. |
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a. |
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b. |
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2. |
Opportunity for Hearing by Claimant Regarding Request for Refund of Overpayment of Excise Tax Paid to the Register of Deeds’ Office
Background: McMillan and Psaroudis, P.A. has requested a refund of the overpayment of an excise tax paid in the amount of $813 in connection with a deed filed in the Union County Register of Deeds’ Office on October 31, 2014, from Toll NC I, LLC, a NC Limited Liability Company to William R. Bryne and Spouse, Jeanne F. Bryne. This deed was recorded in Book 06327, Page 649, Instrument #29081, in the Union County Registry. This deed should have been filed in Mecklenburg County, not Union County, because the property is located in Mecklenburg County. Therefore, no tax was owed in Union County.
An Affidavit of Correction to Request for Refund of Excise Tax in the amount of $813 was filed by Michelle C. Psaroudis, Vice President, on behalf of McMillan and Psaroudis, P.A. on November 14, 2014.
The Board of County Commissioners is authorized pursuant to G.S. 105-228.37 to provide a refund to a taxpayer "who pays more [excise] tax than is due" on a conveyance of real estate. The Board of County Commissioners must conduct a hearing on a request for a refund pursuant to G.S. 105-228.37. The Board must give proper notice of a hearing to the taxpayer requesting a refund. Ms. Psaroudis, on behalf of McMillan and Psaroudis, P.A., was sent notice on December 11, 2014, of the opportunity to be heard during the Board of Commissioners’ meeting on January 5, 2015. In this hearing only the taxpayer requesting a refund has the right to be heard.
If after the hearing the Board finds that a refund is due, it should authorize the refund, together with any applicable interest, to the taxpayer, and inform the Department of Revenue of the refund in accordance with G.S. 105-228.37(c). Union County’s Finance Division, in conjunction with the Register of Deeds, will handle any necessary administrative notice requirement to the Department of Revenue. If the Board finds that no refund is due, it must issue a written decision to the taxpayer informing the taxpayer that they may request a Department of Revenue review of the denial of the refund in accordance with G.S. 105-241.11. It is the staff’s recommendation that the refund be granted.
Financial Impact: This would come out of account code 10-4240000-4160 in the amount of $813.00.
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ACTION REQUESTED: |
Provide opportunity for hearing by claimant McMillan and Psaroudis P.A. regarding request for refund of overpayment of excise tax paid to the Register of Deeds’ Office in the amount of $813. |
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4. |
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5. |
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a. |
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1. |
Amendment to contract with Logan Systems, Inc.
Background: Logan Systems, Inc. provides professional services to Union County Register of Deeds in computerized indexing and the management of permanent records.
This redaction project was approved in budget in June and the contract renewal was approved in November. This is an amendment to incorporate the project into the contract.
Financial Impact: This project is funded out of the general capital project ordinance fund and will not exceed $177,000
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ACTION REQUESTED: |
Authorize the County Manager to approve an amendment to the contract with Logan Systems, Inc. regarding redaction project, pending legal review
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2. |
880 Zone Development and Highway 75 Pump Station Improvements
Background: In February 2013, the BOCC approved the engineering contract for preliminary design, detailed design, and bidding for the new 880 Zone Booster Pumping Station, miscellaneous improvements to the existing Highway 75 Booster Pumping Station, four new pressure reducing valves and the decommissioning of the existing Waxhaw Marvin Pumping Station. A low bid of $4,031,572.00 was received on December 2 and was approved by the Board on December 15th. Construction is estimated to start in February 2015. This Task Order, 2012-10, will allow Black and Veatch to provide construction administration and inspection services for the 15 month contract duration. The construction contract administration includes a preconstruction meeting, monthly construction meetings, shop drawing review, monthly pay request, change orders, final inspection, record drawings, and start-up services and will be a lump sum of $403,000.00.
Financial Impact: Funding is available within the CIP Program for this Task Order in the amount of $403,000.00, and will be appropriated as $317,000.00 for the 880 Pump Station and $86,000.00 for the Highway 75 Pump Station Improvements.
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ACTION REQUESTED: |
Accept scope of services as shown in Task Order 2012-10 with Black and Veatch, Inc., and authorize the County Manager to approve the Task Order, pending legal review. (Funding is available within the CIP Program for this Task Order in the amount of $403,000.00, and will be appropriated as $317,000.00 for the 880 Pump Station and $86,000.00 for the Highway 75 Pump Station Improvements.)
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Distribution System Planning with New East County WTP
Background: The 2011 Comprehensive Master Plan was developed based on two concepts for Distribution System Planning. The first was the approach that the current Union County Catawba to Yadkin Inter-Basin Transfer (IBT) would be expanded from 5 mgd to 10 mgd. Most of the water distribution improvements were developed to allow the County to operate using this approach. Secondly, the long-term Yadkin supply centered on the development of a new partnership with Anson County and expansion of the Anson Water Treatment Plant (WTP). Negotiations with Anson commenced and eventually terminated without success.
In 2013, Union County entered into an agreement with the Town of Norwood to bring raw water through Stanly County from Lake Tillery, with a new WTP proposed to be located in the northeast portion of the Union County. As a result, the purpose of this Task Order is to re-evaluate the water distribution and pumping strategies of the 2011 Comprehensive Master Plan and update the Master Plan to reflect this change in Water Distribution Planning. The key objectives of this Task Order amendment include:(1) Update the County’s existing distribution system model with a new East County Supply and the reduced capacities from the Anson interconnection; (2) Eliminate previously planned infrastructure associated with the expansion of the Anson Supply and develop a plan for conveying water supply from the new WTP into the County’s existing and future distribution system; (3) Establish the optimum area or site for the location of the new WTP; (4) Evaluate supply redundancy across the County’s water service area; and (5) Develop planning-level cost estimates for the proposed water supply, treatment, and system improvements and update CIP.
Financial Impact: The total engineering fee for this Task Order is $215,700 and funding is available within the Yadkin River Water Supply program.
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ACTION REQUESTED: |
Accept scope of services as shown in Task Order 6 – Amendment No. 2 with Black & Veatch, and authorize the County Manager to approve the Amendment pending legal review. (The total engineering fee for this Task Order is $215,700 and funding is available within the Yadkin River Water Supply program.)
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4. |
Amendment to the Interlocal Agreement with Cabarrus County for Backup 911 Center
Background: This is the first Amendment to the Union County and Cabarrus County Interlocal Agreement for 911 services approved by the Union County Board of Commissioners on May 20, 2014.
This amendment specifies the equipment needed by Union County to expand the current Cabarrus County radio, telephone, CAD, recorder and operating systems; further clarifying equipment procurement responsibilities for each county.
Financial Impact: None.
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ACTION REQUESTED: |
Authorize County Manager to approve Amendment to the Cabarrus Interlocal Agreement for 911 Backup Center, pending legal review |
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b. |
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November 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 $7,168.89
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ACTION REQUESTED: |
Approve the November 2014 NCVTS Motor Vehicle Refund Report
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Tax Collector's Departmental Report for November 2014
Background: This report reflects the totals of all tax transactions within the Tax Collector's office for the month of November 2014.
Financial Impact: None
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ACTION REQUESTED: |
Approve report |
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c. |
Authorize Refund of Excise Tax Overpayment in the Amount of $813 to McMillan and Psaroudis, P.A.
Background: McMillan and Psaroudis, P.A. has requested a refund of the overpayment of an excise tax paid in the amount of $813 in connection with a deed filed in the Union County Register of Deeds’ Office on October 31, 2014, from Toll NC I, LLC, a NC Limited Liability Company to William R. Bryne and Spouse, Jeanne F. Bryne. This deed was recorded in Book 06327, Page 649, Instrument #29081, in the Union County Registry. This deed should have been filed in Mecklenburg County, not Union County, because the property is located in Mecklenburg County. Therefore, no tax was owed in Union County.
An Affidavit of Correction to Request for Refund of Excise Tax in the amount of $813 was filed by Michelle C. Psaroudis, Vice President, on behalf of McMillan and Psaroudis, P.A. on November 14, 2014.
The Board of County Commissioners is authorized pursuant to G.S. 105-228.37 to provide a refund to a taxpayer "who pays more [excise] tax than is due" on a conveyance of real estate. The Board of County Commissioners must conduct a hearing on a request for a refund pursuant to G.S. 105-228.37. The Board must give proper notice of a hearing to the taxpayer requesting a refund. Ms. Psaroudis, on behalf of McMillan and Psaroudis, P.A., was sent notice on December 11, 2014, of the opportunity to be heard during the Board of Commissioners’ meeting on January 5, 2015. In this hearing only the taxpayer requesting a refund has the right to be heard.
If after the hearing the Board finds that a refund is due, it should authorize the refund, together with any applicable interest, to the taxpayer, and inform the Department of Revenue of the refund in accordance with G.S. 105-228.37(c). Union County’s Finance Division, in conjunction with the Register of Deeds, will handle any necessary administrative notice requirement to the Department of Revenue. If the Board finds that no refund is due, it must issue a written decision to the taxpayer informing the taxpayer that they may request a Department of Revenue review of the denial of the refund in accordance with G.S. 105-241.11. It is the staff’s recommendation that the refund be granted.
Financial Impact: This would come out of account code 10-4240000-4160 in the amount of $813.00.
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ACTION REQUESTED: |
Authorize an excise tax overpayment refund in the amount of $813.00 to McMillan and Psaroudis, P.A. after completion of all necessary prerequisites. |
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d. |
Background: All employee positions not required by General Statute must carry a bond, the County purchases Crime Insurance through Hartford Insurance Company with a coverage limit of $500,000 with a $5,000 deductible for Employee Theft. The coverage provides for loss of money, securities or other property by an employee with the intent to cause economic harm and personal profit.
Financial Impact: Annual premium of $4,087.
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ACTION REQUESTED: |
Approve Crime Insurance Policy Limits
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e. |
Smart Start Parenting Support and Nurturing Parenting
Background: The Smart Start Parenting Support and Nurturing Parenting is a program through The Alliance for Children that is housed at the Union County Division of Social Services. It is currently in its fourth program year, and the Division of Social Services wishes to apply for funding for the 2015-2016 year. The program has the potential to impact local child maltreatment recividism rates, thus effecting the generational ripple effect on families. Currently, the success rate is 94.7% of parents who graduate. Factoring in the approximate costs of CPS social workers and their 0-5 year old caseloads, the lifetime cost of child maltreatment, and the cost of the Parenting Support and Nurturing Parenting program, the potential monetary impact on our community is roughly $438,568,200.
Financial Impact: The Division of Social Services is required to contribute a cash and in-kind contribution. In the past two years, Social Services has contributed a 2% in-kind amount.
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ACTION REQUESTED: |
Approve application for grant funding
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Alliance for Children Subsidy Funding
Background: This funding from The Alliance for Children subsidizes the Division of Social Services to provide child care to Union County so families can become self-sufficient. This subsidy funding allows Social Services to serve more families with child care needs. Social Services screens all applicants and certifies those eligible who meet the established criteria for child care. Child Care providers must be licensed and are limited to Union County child care facilities. In addition, the subsidy funding funds Social Services administrative services to support this program.
Financial Impact: No financial impact to County.
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ACTION REQUESTED: |
Authorize submission of application for grant funding
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g. |
Budget Amendment # 16 - Appropriating Reserve for Contingency for Schools Law Suit Legal Cost
Background: During the October 20th, 2014 Regular Board of County Commissioners’ meeting, the BOCC approved additional funding for the legal services related to the ongoing appeal of the School’s Law Suit. At that time the additional funding only funded the additional cost for Wyrick, Robbins, Yates & Ponton, the firm handling the appeal. Additional funding is needed to fund the ancillary cost associated with the appeal, such as local attorney fees, supplies, printing, allocated staff time, etc. The proposed budget amendment provides an additional $25,000 from the General Fund Reserve for Contingency to fund these types of costs. Any unused funding will be returned to the General Fund at the conclusion of the process.
Financial Impact: There is sufficient appropriation available in the General Fund Reserve for Contingency to fund these costs.
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ACTION REQUESTED: |
Approve Budget Amendment # 16.
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6. |
Bid for Vacant Parcel containing approximately .82 acres located near North Broad Street in the Town of Waxhaw.
Background: On November 3, 2014, the Board of County Commissioners adopted a resolution authorizing the upset bid process for a parcel of land containing approximately .82 acres which is recorded in Book 4593, Page 194 in the office of the Union County Register of Deeds.
The County is generally authorized to dispose of real property by (i) advertisement for sealed bids; (ii) negotiated offer, advertisement and upset bid; (iii) public auction; or (iv) exchange. The County has received a $20,000 offer from Historic Ventures, LLC, to purchase a parcel of real property owned by Union County known as the “well” site located near North Broad Street in the Town of Waxhaw and has paid the required five percent (5%) deposit on its offer. The County previously authorized the upset bid process for this piece of property in 2009; however, an offer of $86,000 by Historic Ventures, LLC was rejected by the Board on August 11, 2009. The current assessed value of the property is $48,500 (which is based on a valuation date of January 1, 2008).
By adoption of the Resolution on November 3, 2014, the Board of County Commissioners proposed to accept Historic Ventures’ offer and authorized the sale of the property through the negotiated offer, advertisement and upset bid procedures of G.S. 160A-269; conditioned that the acceptance of the final high offer is subject to approval by the Board. The parcel was advertised and no other offers were received. The Board reserves the right to reject all bids at any time.
Monroe – Union County Economic Development staff favor the sale of the Well site in that it will reportedly assist with the development of Historic Ventures’ $40 million dollar mixed-use project in Downtown Waxhaw. This project will include a mix of office, hospitality, retail and residential uses. It has been indicated that the Well site will be used as part of the overall stormwater plan for Historic Ventures, LLC’s mixed-use project. However, it should be noted that because of the upset bid method for disposition, the use of the Well site will not be restricted and the property need not be used for any particular purpose if sold.
Financial Impact: Income from the sale of the property and increased tax base to the County by placing the parcel back on the tax roll.
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ACTION REQUESTED: |
Accept Bid in the amount of $20,000 submitted by Historic Ventures, LLC for real property recorded in Book 4593, Page 194 containing approximately .82 acres. |
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7. |
Background: Employee surveys are intended to provide an avenue for the organization to gather information concerning employee level of engagement, perceptions of team or work group, the organization, and other specific issues, such as organizational culture or turnover problems. It also can aid in understanding or anticipating employee needs as they relate to the strategic direction of the organization. The most important function is to provide a basis for an action plan to build on strengths and improve deficiencies.
This type information can be beneficial to the BoCC when considering policy matters and/or allocating funds to support strategic initiatives.
As a BoCC initiative, staff would provide the administrative support necessary for the BoCC to be able to solicit proposals and select a qualified independent firm. The selected firm will then have responsibility for working with the BoCC to develop the proper context for the survey, draft the survey instrument and administer the survey to all employees. Once the survey is completed the selected firm would then deliver the results to the BoCC according to the format, form and method to be determined.
Financial Impact: No funding is allocated in the FY 2014 budget for an employee survey.
No funding is required in order to solicit a request for qualifications and proposal.
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ACTION REQUESTED: |
Authorize staff to draft a request for qualification and proposal to conduct an employee satisfaction survey, for BoCC review and approval.
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8. |
Commission Liaison to Union County Municipalities
Background: Chairman Helms requested that this item be placed on the agenda for January 5, 2015. Commissioners to be assigned as liaisons to each individual municipality. This task would ask the commissioner to contact the local elected officials in that municipality at least quarterly and communicate changes/activity that may impact the county or their municipality.
Financial Impact: n/a
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ACTION REQUESTED: |
Assign Commissioners to serve as liaison to municipalities.
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z9. |
Appointments to Boards and Committees |
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a. |
Parks and Recreation Advisory Committee
Background: Two vacancies for unexpired terms exist on the Parks and Recreation Advisory Committee due to resignations. Applications have been received for these vacancies and are included in the agenda package as follows: 1) Heather Craig Henage; 2) Rick Pigg; and 3) Marc Momsen
Financial Impact: N/A
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ACTION REQUESTED: |
Consider appointments from applications received
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11. |
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