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9-02-2025 Minutes Final Approved FINAL FINALUnionCounty,NCBoardofCommissionersMeetingMinutes UnionCountyGovernment Center 500NorthMainStreet Monroe,NorthCarolina www.unioncountync.gov ______________________________________________________________________ Tuesday, September 2, 20256:00 PM Board Room, First Floor ______________________________________________________________________ Closed Session – 5:15 PM 25-668Closed Session Present: Chair Melissa Merrell, Vice Chair Brian W. Helms, Commissioner Clancy Baucom, and Commissioner Christina B. Helms Absent:Commissioner Gary Sides At approximately 5:25 p.m., in the open session, in the Stony D. Rushing Conference Meeting Room, Chair Melissa Merrell called the regular meeting of the Board of Commissioners to order. Chair Merrell moved that the Board enter closed session pursuant to G.S. 143-318.11: (a)1), to prevent the disclosure of information that is privileged or confidential pursuant to G.S. section 132-6(d) and 153A-98; (a)(3), for attorney-client privilege; and (a)(4), to discuss matters relating to the location or expansion of industries or other businesses; (a)(5), to establish, or instruct the Board’s negotiating agents concerning the position to be taken by or on behalf of the Board in negotiating the price and other material terms of a contract or proposed contract for the acquisition of real property; and (a)(6), to consider the qualifications, competence, performance, character, fitness, conditions of initial employment of an individual public officer or employee or prospective officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. The motion passed by a vote of four to zero as follows: Chair MerrellAye Vice Chair Brian HelmsAye Commissioner BaucomAye Commissioner Christina HelmsAye Commissioner Sides was absent. At the conclusion of the closed session at approximately 6:03 p.m., Chair Merrell moved that the Board end the closed session and return to open session. The motion passed by a vote of four to zero as follows: Chair MerrellAye Vice Chair Brian HelmsAye Commissioner BaucomAye Commissioner Christina HelmsAye Commissioner Sides was absent. Opening of Meeting – 6:00 PM Chair Merrell opened the regular meeting at approximately 6:10 p.m. and announced that there would be a moment of silence to honor the life of Army Sergeant Michael Verardo, who was a resident of Union County and was originally from Rhode Island. She stated that Sergeant Verardo was catastrophically injured while serving as a jumper in Afghanistan. She spoke of the legacy that Sergeant Verardo and his wife started. named “the Independence Fund” that takes care of other tragically wounded veterans to give them mobility and to also help with healing for mental health for veterans. Invocation – Commissioner Clancy Baucom offered the invocation. Pledge of Allegiance – Chair Merrell led the body and audience in reciting the Pledge of Allegiance to the flag of the United States of America. Informal Comments There were no informal comments. Chair Merrell acknowledged a Boy Scout troop in the audience and expressed appreciation for their attendance at tonight’s meeting. Public Hearing(s) Chair Merrell announced that the next three items on the agenda were public hearings related to transportation grant fund applications. She opened each all of the public hearings at approximately 6:16 p.m. and recognized Theresa Torres, Human Services Agency. 25-535Public Hearing – FFY23, 24 & 25 5307 Urbanized Area Formula Funding ApplicationMs. Torres explained that this grant will have three years of funding for FY 23, 24, and 25. She stated that the three grants total $6,797,000 and will be used for operational and capital costs. Ms. Torres said the operational costs will be 50/50 and operational costs will be 80/20. She explained that operational costs will be used to cover a portion of the demand response service and also the 74X Service. She further explained that the capital will cover a one (1%) percent security minimum requirement and a .75 percent safety requirement and will also be used to do the facility renovations at the Progress Building. Ms.Torres said the operational local match $2,098,000, and the capital local match would be $520,000. 25-537Public Hearing – FY2027 Combined Capital Transportation Grant Application Ms. Torres stated that this grant funding would cover replacement vehicles that have a useful life of 100,000 miles. She noted that in FY2027, Transportation will have three (3) vehicles that have reached the end metof their life, and these will be replaced with 22-foot Light Transit Vehicles. She saidreported that this funding is 80 percent federal, 10 percent state, and 10 percent local. Ms. Torres stated the federal funding would be $85,000; the state funding would be $42,000; and the local match would be $42,000. She noted that the state always asksrequiresthat the County include its portion in the County’s local match in the event the state would not be able to cover its portion. She added that the state has yet to be unable to cover its portion. 25-538Public Hearing – FY017 5311 Administrative (Non-Urbanized Area Formula Program) Transportation Grant Application Ms. Torres explained that this grant covers administrative positions in the County’s Transportation office. She stated that the County would receive $276,000. She noted that 80 percent of that amount would be federal funds ($221,000); 20 percent would be the County’s local match if the state did not cover the $55,000. She said the state’s five 5 percent would be $13,000, and the County’s 15 percent funding would be $51,000. The Chair announced that no one had registered to comment during these public hearings. She asked if therewas anyone present who wished to comment during these public hearings but who had not signed up to speak. With there being no further comments, the Chair closed each of the public hearings at approximately 6:19 p.m. Staff Recognition 25-527Recognize Lifesaver Award Recipient Chair Merrell recognized Patrick Niland, Deputy County Manager, to present this item. Mr. Niland shared that on June 18, 2025, while Assistant Fire Marshal Chad Baucom was at the beach with his family,heheard a cry for help coming from the ocean. He said without hesitation, Assistant Fire Marshal Baucom and a bystander acted quickly to run into the water, place the unconscious man on a boogie board, and bring him to shore. Mr. Niland stated that when they got to shore, local police had arrived and began administering chest compressions. He said that Assistant Fire Marshal Baucom then applied an automated external defibrillator (AED) theto the man’s chest and took over chest compressions. Mr. Niland further said thatwhen local firefighters and paramedics arrived, Assistant Fire Marshal Baucom continued to assist and helped load the patient into an ambulance to be taken to a nearby hospital. Mr. Niland shared that, unfortunately,a few days later, the gentleman didsuccumbed to his injuries,days later, buthowever, without Assistant Fire Marshal Baucom’s and the bystander’s fast action,being present,he would not have had that opportunity. Mr. Niland said that it goes to showdemonstrates that County employees are employees no matter where they are. He stated that Assistant Fire Marshal Baucom was at the beach with his family, and he was called to act. Assistant Fire Marshal Baucom came forward and received his award and was photographed with the Commissioners. 25-527Recognition of Service - Clerk to Board of Commissioners Lynn West Chair Merrell announced that there was another item that was not listed on the agenda. She stated it was the recognition of Lynn West, Clerk to the Board of Commissioners, for her 35 years of service to the County. Ms. West was presented with a bouquet of flowers and an engraved crystal plaque commemorating her 35 years of service to the County. Consent Agenda Chair Merrell stated that if there waswereno objections, she was going to move Consent Agenda Item 25-433 – Purchase – Library Books to the first item under the Business Agenda for discussion. Vice Chair Brian W. Helms moved to approve the items listed on the Consent Agenda and to approve the Business Agenda, as amended for discussion and action. The motion passed by a vote of four to zero as followsChair Melissa M. MerrellAyeVice Chair Brian W. HelmsAyeCommissioner Clancy BaucomAyeCommissioner Christina B. HelmsAyeCommissioner Gary Sides was not present. 25-536Purchase – Law Enforcement VehiclesACTION: Authorized the County Manager to 1) execute an agreement with Capital Chevrolet substantially consistent with this agenda item, 2) exercise any renewal or extension term options set forth in the Agreement, and 3) terminate the Agreement if deemed in the best interest of the County, each in the County Manager's discretion. •(2) Chevrolet Silverado 1500 WT 4WD Crew Cab PPV 9C1 4dr CK10543. (28) 2025 Chevrolet Tahoe 4 Dr 1500 PPV 4WD 9C1 CK10706 N.C.G.S 143-129(e)(9) allows local governments to make purchases through a competitively bid North Carolina Statewide Term Contract or a Group Purchasing Program. The purchase of the (2) Chevrolet Silverado 1500 WT 4WD Crew Cab PPV 9C1 4dr CK10543. (28) 2025 Chevrolet Tahoe 4 Dr 1500 PPV 4WD 9C1 CK10706 will be made using North Carolina Statewide Contract 2510A as quoted by Capital Chevrolet. The Procurement Department has vetted this contract and the purchase amount. The anticipated cost for the Vehicles is $1,605,776.20 and is budgeted accordingly for FY2026. 25-540Amendment to Amendment 1 to Water and Wastewater Agreement with the City of Monroe ACTION: Authorized County Manager to approve Amendment to Amendment 1 to the Water and Wastewater Agreement with the City of Monroe. Union County and the City of Monroe entered into an agreement in 2005 for the provision of water supply and wastewater treatment services between the parties. Per the agreement, each party is responsible for its proportional share of capital improvements at the respective facilities. In 2019, the interlocal agreement was updated. The 2019 amendment updated Exhibits 3, 4 & 5 to reflect the City's anticipated improvements at its WWTP facility, with an estimated cost of $5,305,370, and the County's improvements at the Catawba River Water Treatment Plant (CRWTP) with an estimated cost of $68,541,270. The County's proportional share of Monroe's WWTP improvements is approximately $1,351,808, while the City's proportional share of the County's improvements at the CRWTP is approximately $3,790,332. Exhibit 6 was also updated to reflect a previous amount owed to the County by the City of Monroe for the relocation of a 42" water main along SC 5. The City had already paid theirits proportional share. This amendment also reflected changes in interconnects between the Monroe and Union County Water distribution systems. The current amendment (called Amendment to Amendment 1) will update Exhibits 3 to reflect the City's improvements at its WWTP facility with a cost of $6,257,518.65. The County's proportional share of Monroe's WWTP improvements is $1,594,465.81. UC Water was given an estimate in 2022 by the City of Monroe for $1,500,000 for these improvements, and this amount was budgeted and encumbered this amount inFY2023. UC Water has received the final invoice for this project of $1,594,465.81 less the 2024 billing true-up of $37,811.95,which equals equaling a payment needed to the City of Monroe for $1,556,653.86. In order to process this payment, the Exhibit 3 must be updated to include the project and cost information. The City of Monroe’s Council approved this “Amendment to Amendment 1 of the Water and Wastewater” agreement at their August 12th meeting. $1,500,000 was budgeted and encumbered in FY2023. The difference of $56,653.86 will be paid for from the FY2026 budget. 25-531Resolution to Allow NCDOT to Investigate and Add Roads to the State-Maintained System Without Individual Resolutions ACTION: Adopted resolution From time to time, the NCDOT is asked by developers or property owners to investigate a road for addition to the state-maintained road network, and if the road meets standards adopted by NCDOT, to add the road to the network for maintenance. The process generally requires the Board of Commissioners to pass a resolution authorizing the NCDOT to carry out this process. The process is somewhat burdensome in that staff is required to review the request from NCDOT, prepare individual resolutions, place the resolutions on the Board’s agenda, and make sure that the adopted resolutions are forwarded back to NCDOT. This blanket resolution will allow NCDOT to investigate maintenance requests and add roads to the system without the Board having to adopt individual resolutions. 25-433Purchase – Library Books (This item was moved from the Consent Agenda to the Business Agenda during the meeting at the request of Chair Merrell.) 25-5342025-2026 Application for State Aid to Public Libraries ACTION: Authorized the Chair and County Manager to execute Forms F and A, respectively, of the 2025-2026 Application for State Aid to Public Libraries. The State Library of North Carolina oversees the annual funding for the Aid to Public Libraries. In order to receive this aid from the State Library, public library systems must submit an Annual Application for State Aid. The Annual Application dictates the eligibility for the aid, which is outlined in 07 NCAC 021.0201 of the Administrative Code. Based on the stated eligibility requirements, we are in compliance; and, therefore, are eligible to apply for the 2025-2026 State Aid to Public Libraries. The application deadline is September 15, 2025. The exact grant amount is not known until all libraries submit their Maintenance of Effort Declarations. Best estimate is that Union County's FY2026 grant will be approximately $254,109, which was the amount given last year. 25-529Sole Source Standardization Approval and Purchase – Knox Box eKey System ACTION: Authorized the County Manager to 1) negotiate and execute an agreement substantially consistent with this agenda item 2) exercise any renewal or extension term options set forth in the Agreement, and 3) terminate the Agreement if deemed in the best interest of the County, each in the County Manager’s discretion. The Union County Fire Marshal’s Office currently utilizes KnoxBox 3200 units as the standardized rapid entry system across the County for emergency access. As part of a department-wide modernization effort, the Fire Marshal’s Office is transitioning from mechanical key cylinders to the electronic Knox eKey system, which provides secure access, audit trail capabilities, and integration with KnoxConnect® management software. The Knox eKey cylinders are required for this upgrade and are only available from The Knox Company, which is the sole source manufacturer and distributor of these proprietary components. Using a different manufacturer’s product would require replacement of the entire existing KnoxBox infrastructure, which would significantly increase costs and disrupt operational consistency. Therefore, we are requestingrequest the Board to approve Sole Source Standardization for the Knox eKey System, manufactured and distributed exclusively by The Knox Company. This request is in accordance with the Union County Procurement Policy, Section 3.8, Item (ii), a needed product is available from only one source of supply. Funding is available within the adopted FY26 Fire Marshal’s Budget to support the purchase amount of $133,298.68. 25-525Budget Amendment – WIC Program, Community Support and Outreach ACTION: 1) Recognized, received, and appropriated $24,248 of additional Agreement Addendum funding for WIC Client Services to the Community Support and Outreach Division’s FY26 operating budget, and 2) approve Budget Amendment #5. The Special Supplemental Nutrition Program for Women, Infants and Children (WIC) is part of the Human Services Agency’s Community Support and Outreach Department. WIC serves to safeguard the health of low-to-moderate income pregnant, postpartum, and breastfeeding women, infants, and children up to age five (5) who are at nutritional risk. The WIC program provides nutritious foods to supplement diets, referrals to health care, and education on healthy eating from specially trained WIC nutritionists. Union County signs an Agreement Addendum (AA) with the State of NC to provide WIC services. The AA assigns all WIC agencies an expected average monthly participation rate (base caseload) and allocates associated funding for services provided. Any WIC agency with an average monthly participation above 100% of the base caseload assignment can periodically receive funding increases, dependent on the availability of State and Federal funds. Union County surpassed the 100% base caseload assignment; therefore, WIC received $24,248 in additional funding. This funding will enhance the County’s ability to achieve WIC’s Special Supplemental Nutrition Program’s objective to provide supplemental nutritious foods, nutrition education, and referrals to healthcare for low-income persons during critical periods of growth and development. Additional funding of $24,248 is awarded at 100% with no required County match. 25-543Contract Renewal – Dispatch Software Support ACTION: Authorized the County Manager to 1) negotiate and execute an agreement substantially consistent with this agenda item, 2) exercise any renewal or extension term options set forth in the Agreement, and 3) terminate the Agreement if deemed in the best interest of the County, each in the County Manager's discretion. Emergency Communications uses Priority Dispatch software for the processing of Emergency Medical and Emergency Fire calls commonly known as PROQA. The software aids Telecommunicators in navigating case entry and key questions to identify an appropriate determinate code for dispatch. Once established, it provides the Telecommunicator post-dispatch and pre-arrival instructions for the caller. The Emergency Communications Department has utilized the contractual services of Priority Dispatch Corporation for software licensing, maintenance, and support since 2016. Priority Dispatch Corporation has been effective and efficient in meeting our service needs, and we are requesting to continue this service for an additional 5five years. The anticipated first-year cost for this service is $39,000. Since the contract contains a five-year term with annual cost increases of 3%, a total of $207,056.30 is estimated to be spent. Funding is available in the adopted FY2026 budget, with future expenditures subject to annual BOCC budget appropriation. 25-545Bid Award and Contract – Construction & Demolition Landfill Construction ACTION: Awarded contract to DA Griffin Construction, LLC in the amount of $692,648.00; 2) authorized the County Manager to negotiate and execute an agreement substantially consistent with this agenda item, exercise any renewal or extension term options set forth in the agreement, and terminate the agreement if deemed in the best interest of the County, each in the County Manager's discretion; and 3) adopted Resolution Providing Notice of Construction of the Union County Landfill Expansion. Union County recently received a Permit to Construct (PTC) for an expansion of the Construction & Demolition (C&D) Landfill. On June 30, 2025, the Procurement Department partnered with Solid Waste to issue an Invitation for Bid 2026-005 Union County Landfill Expansion. On August 11, 2025, 6 bids for the title project were received and processed. All bids were tabulated, reviewed, and certified by Civil & Environmental Consultants, Inc. The bids ranged from $692,648 to $1,088,449.95; staff recommends that the project be awarded to the lowest responsive, responsible bidder, DA Griffin Construction, LLC, in the amount of $692,648.00. Funding is available within the adopted Solid Waste CIP Fund (C&D Expansion-Land & Improvements) to support the construction contract amount of $692,648.00 25-548Contract – Retail Strategies ACTION: Authorized the County Manager to 1) negotiate and execute an agreement substantially consistent with this agenda item, 2) exercise any renewal or extension term options set forth in the Agreement, and 3) terminate the Agreement if deemed in the best interest of the County, each at the County Manager’s discretion. Retail Strategies, LLC, will provide professional retail recruitment services to any of Union County's 14 municipalities whothat requested said services. Retail Strategies, LLC, based in Birmingham, AL, is a nationally known retail recruitment firm whothat works with communities of all sizes to identify and maximize their potential to secure retail establishments in their town or city. The firm uses a data-driven approach to attract national retailers, with the overarching goal of improving thequality of life and growing local economies. The anticipated cost over the three-year term of the contract is $177,000. The first year is $57,000, and the last two years are $60,000. Year 1one costs are included in the FY2026 budget, and future expenses are subject to annual BOCC budget appropriation. 25-524Tax Bill Correction Report for July 2025 ACTION: Approved Tax Bill Correction Reports for July 2025. In accordance with North Carolina General Statutes 102-312 and 105-325, the Board of County Commissioners is authorized to make and approve certain changes to property tax records. Approval of such changes may result in either a release, refund, or discovery of ad valorem taxes. The attached report provides detailed information on all tax bills that were modified. Included in the report for each correction is the parcel number or property key, owner name, reason for the change, original value, original tax, corrected value, corrected tax, and refund, if applicable. July Refund amount = $4,512.65 25-524Tax Bill Correction Report for July 2025 ACTION: Adopted Budget Amendment # 6 On July 18, 2025, theUnion County Sheriff’s Office received a Notice of Contribution-Based Benefit Cap Liability (CBBC). The notice states that due to the recent increases to a staff member’s compensation and the proximity of this compensation to the member’s planned retirement, the County owes an additional liability based on the NC Retirement System’s formula. Pursuant to the North Carolina General Statutes the last employer of a member who retires on or after January 1, 2015, with an average final compensation (AFC) of $100,000 or higher (adjusted annually for inflation), is required to make an additional employer contribution to fund the increased cost to the NC Retirement System to pay for the member's retirement benefit if it is determined that the benefit is in excess of the CBBC. The letter indicated that a liability for $278,311.35 will be due to the NC Retirement System no later than September 5, 2025. This liability amount is contingent upon thetimely receipt of the employer's final salary contribution summary report for this member and may be adjusted based on additional information that is received by the NC Retirement System. Funds are available in the FY26 Personnel Contingency for the Sheriff’s Office, which was created during the FY 2026 Budget development process for anticipated expenses, such as overtime, retirement payouts, and pension liabilities. 25-541Bid Award and Construction Contract – Detention Center Sewer Screening Project ACTION: 1) Awarded contract to Dellinger, Inc., in the amount of $293,700.00; 2) authorized the County Manager to negotiate and execute an agreement substantially consistent with this agenda item, exercise and renewal or extension term options set forth in the agreement and terminate the agreement if deemed in the best interest of the County, each in the County Manager’s discretion; and 3) adopted Resolution Providing Notice of Construction of the Detention Center Sewer Screening project. The project scope includes providing an automated sewer screen into an existing pit on the outlet of the sanitary sewer at the Detention Center. The sewer screen will be discharged to a dumpster, and the dumpster will be located on a new concrete pad sized to accommodate a dumpster pickup truck. The wastewater screening system is designed to filter and remove objects from wastewater,thereby in order to helpprotecting downstream pumps and equipment from clogging and inefficiencies. On March 07, 2025, The Procurement and Contract Management Department partnered with the Facilities and Fleet Management Department to issue IFB 2025-030. On April 03, 2025, one (1) bid was received. Because lessfewerthan three (3) bids were received, the bid remained sealed and returned to the bidder. On April 10, 2025, IFB 2025-030Rebid was issued to rebid the project. On April 22, 2025, two (2) bids for the titled project were received and processed. Both bids were tabulated, reviewed, and certified by LaBella Associates. The bids ranged from $293,700.00 to $586,300.00. Staff recommends the project be awarded to Dillinger, Inc. in the amount of $293,700.00. The cost to execute this contract is $293,700.00. There are sufficient findsfunds in the capital account number 40080135 Facilities Repair and Renovation, to cover this expense. 25-551Resolution – Purdue Opioid Settlement Participation ACTION:Adopted resolution authorizing County Manager to execute all documents necessary for the County to participate in the Purdue Opioid Settlement and approving the third supplemental agreement for additional funds. New proposed national opioid settlements have been reached with Purdue Pharma and the Sackler family, and with several secondary opioid manufacturers and their subsidiaries, affiliates, officers, and directors. North Carolina is participating in these settlements. The settlement Participation Package attached to this agenda item must be submitted on or before September 30, 2025, in order for the County to be considered for initial participation calculations and payment eligibility. Based upon subdivision participation forms received on or before September 30, 2025, the subdivision participation rate will be used to determine whether participation is sufficient for the settlement to move forward and whether a state earns its maximum potential payment under the settlement. If the settlement moves forward, release of funds to the County will become effective. If a settlement does not move forward, that release will not become effective. Nonparticipation may also reduce the amount of money for programs to remediate the opioid crisis in its state. Decisions on how settlement funds will be allocated within a state are subject to the North Carolina Third Supplemental Agreement for Additional Funds from Additional Settlements of Opioid Litigation (SAAF-3), a supplement to the North Carolina Memorandum of Agreement (MOA) on the allocation, use, and reporting of funds from the prior opioid settlements. Union County is estimated to receive up to $2.1 million from these new settlements over time, between the years 2026 and 2041. 25-544Minutes for Approval ACTION: Approved minutes of August 12, 2024, regular meeting Information Only 25-522Union EMS Quarterly Financial Statements – June 2025 ACTION: No action was requested – This item was for Information Only. Union EMS provides unaudited quarterly reports and an annual audited financial report to the County as required by contract terms. 25-532Tax Refunds, Releases and Prorations Approved by Finance Officer ACTION: No action was requested. This item was for Information Only. On September 8, 2020, the Board of Commissioners adopted a Resolution Delegating Authority for Tax Releases and Refunds of less than $100 to Union County's Finance Officer. The resolution and NC GS 105-381(b) require such refunds to be reported to the Board regarding actions taken on requests for releases or refunds. All such actions shall be recorded in the Board's minutes. NC GS 105-330.6 authorizes the tax collector to direct an order for a tax refund of prorated taxes to the county finance officer related to the surrendering of registered motor vehicle plates. The finance officer shall issue a refund to the vehicle owner. This report is for July 2025 NCVTS releases and refunds less than $100 and prorations approved by the finance officer. See Exhibit “A” attached hereto and made a part of these minutes. 25-546Human Resources Reports for July 2025 ACTION: No action was requested. This item is for information only. These reports include all new hires, separations from service, and retirements for Union County Local Government for the month of July 2025. 25-549Wastewater Treatment Capacity – Monthly UpdateACTION: No action was requested. This item was for Information Only.Union County Water is closely monitoring the wastewater treatment capacities at our Water Reclamation Facilities. Permitting Capacity is evaluated using the Actual Plant Flows plus the Permitted/Obligated Flows (unconnected). Union County Water was asked to provide regular updates. Plant flow information through July 2025 is summarized in the attached table. Twelve Mile Creek •Percent of Actual Flows= 70.3% •Percent of Actual + Permitted Flows= 89.7% •Actual Flows (MGD)= 5.270 •Actual + Permitted Obligated Flows (MGD)= 6.728 Crooked Creek •Percent of Actual Flows= 59.3% •Percent of Actual + Permitted Flows= 91.4% •Actual Flows (MGD)= 1.127 •Actual + Permitted Obligated Flows (MGD)= 1.736 Olde Sycamore •Percent of Actual Flows= 26.7% •Percent of Actual + Permitted Flows= 26.7% •Actual Flows (MGD)= 0.040 •Actual + Permitted Obligated Flows (MGD)= 0.040 Tallwood •Percent of Actual Flows= 42.0% •Percent of Actual + Permitted Flows= 42.0% •Actual Flows (MGD)= 0.021 •Actual + Permitted Obligated Flows (MGD)= 0.021 Grassy Branch •Percent of Actual Flows= 84.0% •Percent of Actual + Permitted Flows= 86.0% •Actual Flows (MGD)= 0.042 •Actual + Permitted Obligated Flows (MGD)= 0.043 In addition to the wastewater treatment capacities, flow volumes associated with development projects that are in the planning and review process within the Twelve Mile Creek and Crooked Creek WRF service areas are provided for information as well. Development flow volumes through July 2025 are summarized in the tables. Business 25-433Purchase – Library Books (This item was moved from the Consent Agenda to the Business Agenda during the meeting at the request of Chair Merrell.) Brian Matthews, County Manager, stated that there had beendiscussions had taken place in previous meetings, and there had been questions raised regarding the purchase of books and specifically the purchase ofchildren’s books. He said for the Board’s information,provided background information that there are four senior librarians who are responsible for the selections of children’s books. He noted there are categories for adult fiction, adult non-fiction, teens,and children’s books. He stated that the four senior librarians are specific to one of the categories, and once the selections are made, then the Library Director, Nina Chaffin, reviews the selection and approves or disapproves the books. selections.He stated that this is the current process for purchasing books for the library. Mr. Matthews said he was aware that there had been someof concerns about a recent book. He stated that he was available to answer the Board’s questions of the Board along with Ms. Chaffin, who was also present. Chair Merrell saidannounced that Commissioner Christina Helms serves on the Library Board of Trustees. The Chair expressed appreciation to Ms. Chaffin for attending the meeting. She said that the Commissioners doesreceive complaints from time to time, and one was recently about a particular book that was in the children’s section. She stated that she believed that thebiggest complaints in the children’s section were usually about the children’s books, i.e. whether the books are age or not age appropriate, and gender identity. identify in the children’s section. The Chair shared that she thought most recently the book that was called into question was determined to be more “tween” and fell into middle ground where younger children should not have access to that book:and maybe it should not be in the children’s section and maybeperhaps a sevenoreight-year old should not necessarily be checking out somethingthe same material that a 13-year old would want to check out. Chair Merrell said that she and Commissioner Christina Helms have discussed this matter and realize that delaying the vote on this item is holding up the purchase of adult fiction and non-fiction and possibly books for the teen section because ofdue to concerns over what might be included in the children’s category. She suggested that the Board might want to decide on adding another category between the children’s and teens’ categories, and actually forming a “tween” category, which is what she believed was determined asto be the most appropriate classification for this particular book.that was locatedinstead of in the children’s section. The Chair said she thought that parents have been concerned over for at least the past four years, and that was why she thought it was important for the Board of Commissioners to discuss this openly tonight. Commissioner Christina Helms said that at the last meeting of the Library Board of Trustees, she thought the topic was discussed about possibly developing a “tween” section, because there is a huge-age gap between an eighth grader, who is considered a “tween”, the middle school ages to a kindergartener or even younger (a two and three-year old) and that is a vast difference in the maturity level reading wise. She shared that it was recommended at the Library Board of Trustees’ meeting that a “tween” section be developed, because there has beenof concerns from the public that the Commissioners and staff have received.and that staff has received. Commissioner Christina Helms offered a motion to direct the library to create a “tween” section for instancesbooks such as this one. Chair Merrell asked if the Library Board of Trustees haddiscussed what the established age levels should be would befor the a possible“tween” category. Commissioner Christina Helms responded that it would be the middle-school niche. She asked Nina Chaffin, Library Director, for her comments. Ms. Chaffin described the “tween” age level to be typically between the ages of ten toand twelve yearsolds. She added that the majority of juvenile fiction is for fourth grade and up. She pointed out that books are not written for ages andbut are mostly written for gradeslevels. Chair Merrell said personally she was interested in the Board directing the library to move forward with creating a “tween” section. She stated another concern she wanted the Library Board of Trustees and the library to consider is how certain books are promoted on end caps during certainspecific seasons, holidays, or times throughoutof the year. The Chair said she wants to make sure that even if a “tween” section is created,she wanted to make surethat books are not being promoted on an end cap that would draw the attention of a second or third grader. She stated she wanted to have that conversation openly, because the Commissioners receive those telephone calls. Chair Merrell noted that the books are purchased fromwith taxpayer dollars, and she thoughtunderstood that Ms. Chaffin also thought this particular book should have been in the “tween” section and not the children’s section, which is whatthe issue the parents were so upset about. Vice Chair Brian W. Helms expressed appreciation to Nina Chaffin for her work. He agreed with Chair Merrell and Commissioner Christina Helms that there have to be some guardrails. He said protecting the children is of utmost concern. The Vice Chair shared that his children visit the library and check out books, so he is one of the many parents who have concerns over this matter. He shared that he thought creating a new “tween” section is a very good first step and a logical step. He said he did not disagree that children are going to be different than eighth graders. He asked for the estimated cost of creating the new category and if there is sufficient content to adequately fill the section. Ms. Chaffin responded that there would be sufficient content to fill the section. She explained that, in essence, the lower-level reading material would be pulled from the juvenile fiction collection because there is less of that content, and a section will be created for those materials. She said the bulk of the juvenile fiction section is already geared towards that age range. She pointed out that the library’s policy is currently written currently,when referring to juveniles, that the library serves is servingages zero to twelve years old in the children’s room, and ages 13 to 18 refers to teens. Ms. Chaffin stated they will differentiate now and have the 10 to 12 age range as being “tween.” She added that when parents obtained a library card and have a minor with them, they are asked if they want the child to have access to the entire library or just the children’s section. She said that is thedecisionit is of the parent’s decision to make whether the child should have access to only the children’s room, which would be a juvenile card, so if the child tried to check out an adult item, itthe card would not let them. She stated that if the parent wanted the child to have access to the entire library, a child’s card could check out any type of material in the library. Ms. Chaffin. Vice Chair Brian W. Helms asked for clarification if a “tween” category is created, the juvenile cards would be for the juvenile section,and not the “tween” section. Ms. Chaffin said if the Board wanted the library to differentiate, they could have zero to ten years of age as juvenile-only materials,which would be for the juvenile-only card. Vice Chair Brian W. Helms stated that it would be his preference to differentiate it the way Ms. Chaffin had described. Chair Merrell commented that it was a huge comfort to learn that the card that a child has would not allow them to check out books, that the library would not allow the books to be checked out. The Chair said that was information that she was not aware of and expressed appreciation to Ms. Chaffin for sharing it that informationwith the Board. Chair Merrell said she agreed with Vice Chair Brian Helms’ comments regarding the age ranges and the creation of creating the “tween” section. Chair Merrell restated that the motion on the floor was to direct the library staff to create a “tween” section for ages ten to twelve-years-olds. The motion passed by a vote of four to zero as follows: Chair MerrellAye Vice Chair Brian W. HelmsAye Commissioner BaucomAye Commissioner Christina B. HelmsAye Commissioner Gary Sides was not present. Chair Merrell commented that the Board also needs to take action so that the library can move forwardproceed with the purchase order for materials for the fiction, non-fiction, teens, and children. Vice Chair Brian W. Helms asked for a point of clarification prior to proceeding with that motion,if there needed to bewhether a motion regarding the separation of juvenile cardswas needed. Mr. Matthews responded that thestaff had sufficient information to proceed with moving forward with the juvenile cards. Chair Merrell stated that she thought there waswere $309,000 for purchases that wasmoney isbeing delayed until after the Board could have this conversation, so the library could move forward with the purchases of fiction, non-fiction, teens, and childrenwith the understanding that a “tween” section will be created. Chair Merrell moved thatto approve that the library to move forward with the expenditure of the budgeted funds for FY2026 to purchase the adult fiction, non-fiction, teens, and children’s books, with a tween category being added. Mr. Matthews asked if the Chair would consider adding language to the motion to include theaction requested in the agenda item: Authorize the County Manager to 1) negotiate and execute an agreement substantially consistent with this agenda item, 2) exercise any renewal or extension term options set forth in the Agreement, and 3) terminate the Agreement if deemed in the best interest of the County, each in the County Manager’s discretion. Chair Merrell accepted the request from the County Manager to amend her motion to include the action requested andin the agendaitem as stated by the County Manager. The motion, as amended, passed by a vote of four to zero as follows: Chair MerrellAye Vice Chair Brian W. HelmsAye Commissioner BaucomAye Commissioner Christina HelmsAye Commissioner Gary Sides was not present. 25-520Conditional Rezoning Petition CZ-2025-004 Shenandoah Chair Merrell recognized Lee Jenson, Planning Director, for comments regarding this item. Mr. Jenson stated that a public hearing for this rezoning request was held regarding this rezoning requestat the last meeting of the Board. He explained that it is a rezoning request to rezone one parcel totaling 48.592 acres appearing on the tax map as tax parcel 09-417-001M located on Old Waxhaw-Monroe Road from RA-40 to R-10, with conditions as follows: Limited to thesite plan dated July 8, 2025 Uses limited to 91 single-family homes Five-year vesting of development rights Development will meet all requirements of the Union County Unified Development Ordinance on the date of approval. Mr. Jenson displayed the site plan for the rezoning and recalled that there weretwo speakers who commented during the public hearing held at the last meeting. He said he thought one of the speakers did not give an opinion on the rezoning, one or the other, and the other speaker spoke against the proposal. He reminded that the Land Use Board had unanimously recommended that the Commissioners to deny the rezoning petition. Vice Chair Brian W. Helms saidstated that he has a potential issue with going from RA-40 to R-10 because of the increase in it is increasing thedensity. He said the Land Use Board recommended denial of the request and noted that theboard had felt similarly avery similar wayand had concerns over density, traffic, and also reminded the Commissioners thatone of the County’s municipal partners, the Town of Mineral Springs, opposes this project. Following his comments, Vice Chair Brian W. Helms moved to (i) deny therezoning petition CZ-2025-004 from TMTLA Associates; and (ii) adopt the consistency and reasonableness statement for denial. CONSISTENCY AND REASONABLENESS STATEMENT FOR DENIAL OF THE PROPOSED AMENDMENT (THE PROPOSAL IS INCONSISTENT WITH THE CURRENT PLAN) (CZ-2025-004) Pursuant to N.C.G.S. § 160D-605, the Union County Board of Commissioners (the “Board”) does hereby find and determine that this rezoning petition is inconsistent with the Union County Comprehensive Plan (the “Plan”) and that denial of the proposed map amendment is reasonable and in the public interest because: The Plan’s Land Use Map identifies this area as Rural Residential with an Employment Corridor overlay. Such areas should be preserved for industrial and other recommended uses. The Plan specifically identifies such uses to include distribution, aeronautics, industrial, and agri-business uses. The residential uses on this property would remove potential industrial and commercial land for future development and instead allow higher density residential immediately adjacent to existing industrial facilities. Further, the development would have a higher density than what is planned for in rural residential areas under the Plan’s current Land Use Map. 2. Continued and future allowed residential uses along the Employment Corridor could result in increased congestion on the roads and streets adjacent and nearby to the property. Traffic congestion is a noted concern in the Plan.The motion passed by a vote of four to zero as follows: Chair MerrellAye Vice Chair Brian W. HelmsAye Commissioner BaucomAye Commissioner Christina HelmsAye Commissioner Gary Sides was not present. 25-501Appointments to Boards and Committees Home and Community Care Block Grant Advisory Committee Vice Chair Brian W. Helms moved to reappoint Bea Colson and Patricia Kindley Juvenile Crime Prevention Council (JCPC) Vice Chair Brian W. Helms moved to reappoint: Kiala Davis to serve as a member of the business community Rachel Patton to serve as the Substance Abuse Professional Lilly Patton to serve as a person under the age of 21 The motion passed by a vote of four to zero as follows: Chair MerrellAye Vice Chair Brian W. HelmsAye Commissioner BaucomAye Commissioner Christina BaucomAye Commissioner Gary Sides was not present. Vice Chair Brian W. Helms moved to reappoint Teresa M. Holmes, Angie Horne, and Kristopher M. Westover and to appoint Bob Reichman to serve as Commissioner Appointees on the Union County Juvenile Crime Prevention Council. Vice Chair Brian W. Helms noted that two additional positions were listed in the agenda and asked if the Board needed to take action regarding those appointments. Lynn West, Clerk to the Board, responded that the Board did not need to take action tonight on these appointments. tonight. County Manager’s Comments Brian Matthews, County Manager, had no closing comments. Commissioners’ Comments There were numerous comments from the Commissionersregarding Lynn West, Clerk to the Board, on the occasion of achievingher 35-year anniversary of employment with the County.Theyindividuallyexpressedtheir appreciation for her dedicated and conscientiouswork with and for the Board, as well as for always going the extra mile to help them in any way requested. Commissioner Christina Helms expressed her deepest condolences to the family Army Sergeant Michael Verardo and thanked his family for his service and sacrifices to his country. Commissioner Christina Helms wished a very happy and successful year to the staff and students of Union County Public Schools (UCPS),who have started backreturned to school. Vice Chair Brian W. Helms also offered his condolences to Army Sergeant Michael Verardo’s family. He offered his congratulations to Marvin Ridge Middle School, and Weddington Middle Schoolfor beingrecognized assometwo of the best public middle schools and Rea View Elementary for being recognized as one of the best public elementary schools in North Carolina. Vice Chair Brian W. Helms recognized both Commissioner Gary Sides and County Attorney Jason Kay in their absence and wished both of them a speedy recovery. He expressed appreciation to everyone in attendance tonight. Chair Merrell said she hoped all the students who are back in school will would have a safe and rich learning environment. She estimated that it costs $200,000 for a child to attend public school for 13 years. She encouraged students not to take their education for granted, because it costs local, state, and federal tax dollars. She asked drivers to be patient forwith the school buses for the safety of the children. The Chair said that she failed to mention earlier that Army Sergeant Verardo was with the 82nd Airborne and was an amazing young patriot. She encouraged everyone to learn about the Independence Fund and its work. Adjournment With there beingno further comments or discussion, at approximately 7:00 p.m., Chair Merrell moved to adjourn the regular meeting. The motion passed by a vote of four to zero as follows:Chair MerrellAyeVice Chair Brian W. HelmsAyeCommissioner BaucomAyeCommissioner Christina HelmsAyeCommissioner Sides was not present.