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Approval Date: September 21, 2020

Minutes of Regular Meeting

of

Monday, August 17, 2020

The Union County Board of Commissioners met in a regular meeting on Monday, August 17, 2020, at 3:00 p.m. in the Board Room,

first floor, Union County Government Center, 500 North Main Street, Monroe, North Carolina. The following were

PRESENT: Chairman Jerry B. Simpson; Vice Chairman Dennis Rape; Commissioner Stony D. Rushing; Commissioner

Frank Aikmus, and Commissioner Richard B. Helms, Sr.

ABSENT: None

ALSO, PRESENT: Mark Watson, County Manager; Michelle Lancaster, Deputy County Manager; Lynn G. West, Clerk to the

Board of Commissioners; Brian Matthews, Assistant County Manager; Patrick Niland, Assistant County

Manager; Jason Kay, General Counsel; Richard G. Long, Jr., County Attorney; and other interested citizens

General Business:

Opening the Meeting

At approximately 3:00 p.m., Chairman Simpson convened the regular meeting of the Board of County Commissioners and welcomed

everyone.

1. Invocation

Vice Chairman Dennis Rape offered the invocation.

2. Pledge of Allegiance

Vice Chairman Rape led the body and audience in reciting the Pledge of Allegiance to the flag of the United States of America.

Employee Recognition

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3. Employee Recognition

On behalf of the Board of Commissioners, Chairman Simpson recognized the following employees for their full-time continuous

service with Union County Local Government at the following intervals: five (5) years, ten (10) years, fifteen (15) years, twenty (20)

years, twenty-five (25) years; and thirty (30) years:

SERVICE AWARD RECIPIENTS

Employee Name Division Union County Service

TAMMY CARPENTER HEALTH 5 years

KYLE HAUPT PARKS & RECREATION 5 years

PAUL WOODS PUBLIC WORKS 5 years

WILLIAM MCWHORTER SHERIFF'S OFFICE 5 years

EARL FORD SOCIAL SERVICES 5 years

JAMES HUNTLEY TRANSPORTATION 5 years

Employee Name Division Union County Service

JASON GURIAN 911 COMMUNICATIONS 10 years

PHILLIP HINSON BOARD OF ELECTIONS 10 years

RALPH FOARD SHERIFF'S OFFICE 10 years

WILLIAM WALDEN SHERIFF'S OFFICE 10 years

Employee Name Division Union County Service

BRETT VINES BOARD OF ELECTIONS 15 years

DUANE FITCHETT SHERIFF'S OFFICE 15 years

Employee Name Division Union County Service

TOMMY GALLIS SHERIFF'S OFFICE 20 years

Employee Name Division Union County Service

LORI PIERCE SHERIFF'S OFFICE 25 years

JUNE RETIREMENTS

Employee Name Division Union County Service

ANTHONY PARKER VETERANS SERVICES 12 years

THURMAN HAYDEN HENSON

TRANSPORTATION 13 years

WAYNE GAGNON SHERIFF'S OFFICE 22 years

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DAVID PIERCE SHERIFF'S OFFICE 28 years

Informal Comments

Chairman Simpson recognized Hayden McAteer who had registered to comment regarding Item 23 on the Agenda – CZ-2019-010

(Orchard Creek) rezoning. The Chairman stated that the public hearing regarding this rezoning was held at the August 3, 2020,

regular meeting, and according to the Board of Commissioners’ Rules of Procedure, a speaker may not speak regarding the subject of

a public hearing during Informal Comments. He said that public hearing is closed for comments but assured Mr. McAteer that the

Board appreciates his interest and desire to attend tonight’s meeting of the Board.

Chairman Simpson stated that informal comments in written format have been provided to the Clerk to the Board of Commissioners.

He asked that Mrs. West read those comments into the record and said that typically speakers are limited to three minutes in Informal

Comments. He said the comments that Mrs. West will be reading are more than three minutes in length, and given that there are no

other speakers registered to address the Board during the Informal Comments, he would allow the comments to be read in their

entirety so the Board can get the gist of the intent of the comments.

Mrs. West read the following comments into the record on behalf of Sanford L. Steelman, Jr.:

Thank you for giving me the opportunity to address the issue of Union County’s Confederate Monument.

Two of the most precious rights that citizens of our country have are first, to be able to address our political leaders, as we are doing

today. The second is to have disputes resolved by the rule of law, and not by rank barbarism or uncontrolled riots. After watching the

past six months unfold, I have to wonder whether our descendants will continue to enjoy these sacred rights.

Those who fail to learn the lessons of history are doomed to repeat them.

I have asked that each commissioner be given a copy of the remarks made by then North Carolina Attorney General, and future

governor, Walter Bickett at the time the monument was dedicated on July 4, 1910. This speech reveals the true motives behind the

erection of the monument. It was to honor the men who fought in defense of their homes and families against an invading army from

the north.

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“For four years you presented your bodies a living sacrifice upon the altar of your faith, and under God, worked out for your

country a deliverance from a body of death, and made your sons and daughters the heirs of hope instead of fear, of peace instead of

war, of life instead of death. Here and now on behalf of those sons and daughters, I make acknowledgement of the debt we can never

pay.”

There is not one word in this speech of slavery or white supremacy, but only a humble gratitude for the men who defended their

homes and families, asking nothing in return.

I was puzzled why it took until 1910 for this monument to be erected, 45 years after the end of the war. Bickett alludes to the reason

at the beginning of his remarks, stating that Union County was “Rocked in the cradle of poverty.” Union County was never a rich

county, and after the war things got worse. Husbands, fathers and sons were dead, leaving widows and orphans to scratch out a living

from Union County’s hard, unforgiving, soil. It took until 1910 to come up with enough money to erect the monument. There was no

corporate donor to bankroll the project.

The men to whom this monument was dedicated gave their lives as an example of courage and duty in the face of overwhelming odds.

Their courage was an example to their sons, grandsons, and great-grandsons who fought in every one of our nation’s wars in the

twentieth century. The erection of the monument also represented a moment of healing and reconciliation for the people of Union

County. They were now fully a part of the United States, but could still honor those who fought in Confederate gray. My family is

from western North Carolina. I had relatives who fought on both sides during the war, including members of the Starnes family from

Union County. I can honor all of them for their valor and conviction for the cause for which they fought.

The Confederate Monument sits where it should sit, in a prominent place before the old Union County Courthouse as a reminder of

the men and their families who suffered through that awful war.

Those who would remove the monument have decided that anything to do with the Confederate States of America should be excised

from the history of the United States. This cannot be done. The Confederacy is a fundamental part of the history of our county, state

and nation. Those who wish to remove the monument are following in the footsteps of Josef Stalin, who attempted to rewrite the

history of Russia to comport with Marxist-Leninist teachings, and Adolf Hitler who attempted to Nazify Germany by burning books,

and exterminating the Jews.

Those who fail to learn the lessons of history are doomed to repeat them.

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Those who would attempt [to] alter our history by destroying symbols of events that they do not like, are only fooling themselves.

One can only learn the lessons of history from true history, not a sanitized, politically correct history.

I have watched over the past several years as this “destroy the monuments” craze has swept through North Carolina; Durham, Chapel

Hill, Raleigh, Salisbury, Gastonia, and Alamance County. Those attacking the monuments have done so with violence or threats of

violence to achieve their objectives. I was appalled when rioters pulled down the monument in Durham, and then no one was

prosecuted for that act of vandalism. My heart was broken when cowards, under cover of darkness, threw paint upon what was the

most beautiful monument to the Confederate dead located on Innes Street in Salisbury.

Violence will only beget violence. We cannot live in a civilized society where the rule of law does not prevail.

We have a fundamental failure of the political leadership in our major cities. They hope that if they leave the rioters alone, that maybe

they will just leave. They do not understand the psychology of the mob. Success will only embolden them. Giving into them will

only increase their demands. One group attacking symbols sacred to another group will in no way address any of the legitimate

grievances that the first group may have.

Removal of the Union County Confederate Monument will be giving into those who wish to rewrite our history, and take us down the

path of enforced political correctness. Now is not the time for politicians to lose their nerve, to cower under threats of violence, or to

look for compromises to slither away from tough decisions. The time has come to draw a line in the sand and have the courage to

enforce it.

Thank you for the opportunity to share these thoughts with you.”

Additions, Deletions, and/or Adoption of Agenda

Chairman Simpson noted with regard to the regular agenda, Item 25 – Resolution Authorizing Condemnation – has been revised, and

a copy of the revision has been provided to the Commissioners.

With there being no further additions or deletions, Commissioner Helms moved adoption of the agenda with the revision to Item 25.

The motion passed unanimously.

Consent Agenda

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Commissioner Aikmus moved approval of the items listed on the Consent Agenda as submitted and recommended. The motion

passed unanimously.

Contracts and Purchase Orders Over $50,000

4. Wastewater Collection System Flow Monitoring and Infiltration & Inflow Analysis for the Six-Mile Basin – Authorized the

County Manager to approve Task Order 2020-03 under Contract #6323, Hydrostructures, P.A. Multiple Services Agreement

(MSA) for wastewater collection system flow monitoring and infiltration & inflow analysis for the Six-Mile Basin, pending legal

review. The $65,500 needed for this initiative is available in the adopted Public Works CIP Wastewater Renewal & Replacement

program.

5. Purchase of Replacement Generators for Wastewater System Lift Stations – Authorized the County Manager to approve a

purchase order for two replacement generators for wastewater system lift stations. The $73,900 need to fund these replacements

is included in the adopted Water & Wastewater Division budget for FY21.

6. Crooked Creek Water Reclamation Facility (WRF) Office Addition – Task Order 2020-01 with Mosley Architects P.C. –

Accepted the scope of services as shown in Task Order 2020-01 with Mosley Architects in the amount of $65,800 and authorized

the County Manager to approve the agreement, pending legal review. Funding is available within the adopted Capital

Improvement Program for Project SP107 – Crooked Creek Water Reclamation Facility Office Addition, to support he

engineering services, as described in Task Order 2020-01 in the amount of $65,800.

7. Purchase of Fleet Vehicles – Authorized the County Manager to purchase vehicles authorized in the FY2021 budget in the

total amount of $713,500.

8. The Division of Social Services Contract with Blessed Assurance Adult Day and Health Care Services and New Testament

Adult Care – Authorized the County Manager to approve agreements with: 1) Blessed Assurance Adult Day and 2) Health Care

Services and New Testament Adult Care. The contract amounts shall not exceed $231,833 cumulatively. This amount consists

of $105,728 in Federal funds, $100,062 in State funds, and $26,043 in County funds.

9. Purchase Order with Motorola – Authorized the County Manager to approve a Purchase Order with Motorola and approved

Capital Project Ordinance #263. This purchase order is the first of four annual radio purchases that will convert the County’s

entire inventory to the TDMA ready radios. It includes radios for the Sheriff’s Office, Fire Departments, Emergency Medical

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Services (EMS), Transportation, and Parks and Recreation. $1,010,271.60 to be funded out of the Radio Capital project budget,

EMS fund balance, Transportation operation budget, and Parks and Recreation Operation budget.

10. Purchase Order for Ballistic Vests – Authorized the County Manager to approve a purchase order to Lawmen’s for the

purchase of body armor (ballistic vests). Funding of $97,424.25 approved in 2020-2021 Budget.

11. State of North Carolina Department of Agriculture and Consumer Services – Authorized the County Manager to approve the

agreement with the N.C. Department of Agriculture and Consumer Services pending legal review. The County’s share of the

agreement ($81,600.00) is included in the FY 2020-21 budget.

12. Authorization for Purchases by Register of Deeds Over $100,000 for Preservation of Records – Authorized the County

Manager to approve purchase order(s) for preservation of records which total over $100,000.

13. Update to the Union County Personnel Resolution: Drug and Alcohol-Free Workplace Policy (D&A Policy) – Approved the

revision to the Union County Personnel Resolution Article XIII: Drug and Alcohol Free Workplace Policy, as recorded below:

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14. CARES Act Funding for Older Americans Act (OAA) Programs, Title III-B Supportive Services, and Title III-C Nutrition

Services: 1) Ratified submission of the Service Proposal and Budget for CARES Act Funding for Older Americans Act (OAA)

programs, Title III-B Supportive Services, and Title III-C Nutrition Services; b) Authorized the County Manager to execute

contracts and/or agreements, pending legal review for CARES Act for OAA programs, Title III-B, and Title III-C Services; c)

Upon receipt of OAA CARES Award, recognize, receive and appropriate awarded amounts to the Special Revenue Fund and

General Fund; and d) approved SRO (Special Revenue Ordinance) #42 and Budget Amendment #3, as recorded below.

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15. Contract Increase for WIC Nutritionist – Authorized additional expenditures for the contracted WIC Nutritionist (Nutrition

Plus of Greenville, Inc., Contract #6433). $78,000 is available in the Community Development Block Grant – CARES

(CDBG-CV) special revenue fund.

16. Social Worker FTE (Full-Time Equivalent) for Union County Senior Nutrition Program – Approved establishing one (1),

time-limited, full-time (FTE) position (Social Worker) to support the Human Services Division of Community Support and

Outreach Senior Nutrition Program. This position will be supported through CDBG-CV grant funding. There will be no

financial impact to the County, as the needed $72,800 was awarded by CDBG and grant funds are awarded at 100 percent.

17. Airport Road Property Acquisition – a) Approved the purchase of 12.89± acres (Union County Tax Parcels 09-369-

007C80 and 09-369-007C90) from CADE Capital Investments, LLC, for a purchase price of $5,000,000 plus the FY20 unpaid

Union County property tax estimated at $29,500; b) Authorized the Finance Director to file an application with the Local

Government Commission (LGC) for an installment financing; and c) Authorized the Clerk to the Board to call for a Public

Hearing related to an installment Financing to be held at the September 8, 2020, Board of Commissioners’ meeting.

18. Compensation Adjustments for the Sheriff and Register of Deeds – Authorized the County Manager to take action as

necessary to provide market adjustments in compensation in the amount of $5,133 for the Sheriff and $3,600 for the Register

of Deeds, retroactive to June 22, 2020.

19. Community Development Block Grant (CDBG) CV Funding – Approved Sub-recipient agreements with Union County

Community Shelter and Crisis Assistance Ministry. As part of the CARES action, Union County was awarded CDBG-CV

funding. Crisis Assistance was awarded $160,000 for eviction prevention. The Community Shelter was awarded $50,000 for

COVID related expenses.

20. Southwest Union Library – Design Services Contract Amendment for Additional Surveying and Soil Testing – Authorized

the County Manager to approve the contract amendment for Little Diversified Architectural in the amount of $14,650 to

provide additional surveying and soils testing associated with the Southwest Union Library project.

21. Donating Surplus Van to New Covenant Community Development Center – Adopted Resolution Authorizing Conveyance

of one (1) Union County Surplus Property 2011 Ford Econoline Van E-350, Union County Vehicle #37-11, to New Covenant

Community Development Center, as recorded below:

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RESOLUTION AUTHORIZING CONVEYANCE OF CERTAIN UNION COUNTY SURPLUS PROPERTY TO NEW

COVENANT COMMUNITY DEVELOPMENT CENTER

WHEREAS, Union County is the owner of a certain 2011 Ford Econoline Van E-350 with the Union County vehicle number 37-11

(the “Subject Property”); and

WHEREAS, Union County desires to declare surplus and donate the Subject Property to New Covenant Community Development

Center, a non-profit corporation organized under the laws of the State of North Carolina, and

WHEREAS, pursuant to G.S § 160A-280, Union County is authorized to donate to a nonprofit organization incorporated by one of the

United States any personal property, including supplies, materials, and equipment, that the governing board deems to be surplus,

obsolete, or unused;

NOW, THEREFORE, BE IT RESOLVED by the Union County Board of Commissioners as follows:

1. The Subject Property is hereby declared surplus.

2. The County Manager is authorized to convey the Subject Property to New Covenant Community Development Center in

accordance with G.S. § 160A-280, and to execute such documents of conveyance as may be necessary to transfer ownership of the

Subject Property. There shall be no monetary consideration given for this conveyance of the Subject Property to New Covenant

Community Development Center.

Adopted this the 17th day of August, 2020.

Minutes

22. Minutes for Approval – Approved Minutes of the Regular Meeting of October 21, 2019, and Regular Meeting of August 3, 2020.

Information Only – None

Old Business

23. CZ-2019-010 (Orchard Creek)

Chairman Simpson recognized Lee Jenson, Planning Director, to address this item.

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Mr. Jenson reminded that the Board conducted a public hearing on this item at its August 3, 2020, meeting. He stated that the Board heard a

presentation by the applicant whereby they described the project in detail. He stated in addition several residents of the surrounding community

shared their concerns regarding the project which included traffic, stormwater runoff, and the request was not in character with the rural nature

of the area.

Mr. Jenson said the developer has provided some agreed to conditions on the project which were read into the record:

1. The development would be subject to the conceptual rezoning plan submitted as part of the conditional rezoning application.

2. The uses allowed on the site are single family detached homes and their accompanying accessory uses as well as passive and active open

space areas.

3. The development will meet all conditions as set forth by the Union County Environmental Health Department and Union County Building

Code.

4. The development is subject to all other applicable requirements of the Union County Development Ordinance as well as all other local,

State, and Federal requirements.

Commissioner Helms requested that Mr. Jenson explain condition No. 1 in more detail.

Mr. Jenson stated that the agenda package included a copy of the proposed layout of the subdivision. He explained that if the rezoning is

approved, the subdivision would have to be developed in accordance with the conceptual level plan. He added the general layout of the streets and

lots and the setbacks would all have to be developed in accordance with that plan.

Commissioner Helms moved to (i) Adopt the consistency statement rejecting the rezoning petition CZ-2019-010 to rezone the property

appearing on the Tax Map as parcels # 09-384-018E and 09-384-011, in the Monroe Township (the “Property”) from RA-40 to R-6

CZ as inconsistent with the current Union County Comprehensive Plan; and (ii) deny the rezoning petition CZ-2019-010 to rezone the

Properties from RA-40 to R-6 CZ.

Commissioner Helms stated that during the public hearing there was a lot of talk about a mile and a half of Rocky River Road. He

said he did not know if he agreed with the concept that the road could accommodate the influx of the additional traffic. He stated

once approaching the roundabout, you either have to come to Monroe or go toward Charlotte which goes to Potter Road. He said he

does not believe the infrastructure is at a point to support this amount of density especially in the rural areas where the roads were not

built to handle that kind of density.

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The motion passed by a vote of four to one. Chairman Simpson, Vice Chairman Rape, Commissioner Helms, and Commissioner

Rushing voted in favor of the motion. Commissioner Aikmus voted against the motion.

Consistency Statement

Whereas, pursuant to N.C.G.S. § 153A-341, the Union County Board of Commissioners does hereby find and determine that the

proposed map amendment is inconsistent with the current Union County Comprehensive Plan (the “Plan”) and that denial of the

proposed map amendment is reasonable and in the public interest because:

1. The Plan designates the area in which the subject property lies as a combination of Mixed Residential, Single Family

Residential and Employment Corridor. While the Mixed Residential category does anticipate higher residential density patterns,

those densities should be tempered by the fact that a portion of the property also lies inside the Single-Family category. While the

density of the project should be higher than one unit per acre based on the Plan, 2.6 units per acre is too high. A density closer to

2 units per acre is more appropriate. Additionally, a portion of this property is designated in the Plan as Employment Corridor,

which contemplates commercial, industrial, and agri-business uses, not single-family residential land use.

2. The proposed residential density of the development is too high and out of character in relationship with the existing agriculture

and residential land use patterns in the immediate vicinity.

3. The transportation infrastructure is not currently in place to handle a development of this size. A rezoning of this scale should not

be approved until adequate roads are in place to handle it.

24. Confederate Monument

Chairman Simpson stated that he had asked this item be placed on the agenda. He said at the last meeting and again at this meeting,

several individuals spoke in reference to this topic. He stated that the monument is a topic that has been shared from numerous

communities throughout the State of North Carolina, the State Capitol and across the country. The Chairman said he thought it was

important that the Board listen to the citizens and bring it forward.

Vice Chairman Rape moved that the Board of Commissioners hold a public hearing for the purpose of hearing from the residents of

Union County regarding the location of the monument. In order to provide sufficient public notice, he added to the motion that the

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public hearing be held on September 21 following the Board’s regularly scheduled 3:00 p.m. He included that staff should identify

the appropriate time and provide notice as soon as possible to the public.

Commissioner Rushing said he did not have any opposition to holding a public hearing, but he did not believe anything he would

hear in the public hearing would change his mind regarding the topic. He said as Mr. Steelman wrote in his letter, the monument

does not belong to the County; it belongs to someone else. He stated they placed the monument in that location for a reason and that

was to memorialize the Confederate dead. He added there is another monument located beside the Confederate monument that has

not been mentioned. He stated that it seems to be that the concern is more about Walter Bickett rather than the ones who died and

may have been forced to go into battle and forced to fight a war they did not believe in, but they were required to do it just as many

soldiers in past wars were drafted to go into service for something they may not have supported, but they did what they thought was

right at the time.

Commissioner Rushing stated if the other Board members are in agreement to have a public hearing, he is fine with doing so, but he

thought it would further divide the community to have a public hearing. He said he thought there would be people on both sides of

the issue come in and get up in arms. He stated that Union County has been a much better place to live in his lifetime and a lot less

contentious racially, and it has become a melting pot for people all over the country going from 90,000 residents in the 1990’s to

approximately 240,000 residents. He added that he thought Union County has lived up to its name – a union of people from all over.

He said he is not in the business of kicking over tombstones and monuments, and he is not going to vote to kick this one over no

matter what.

Chairman Simpson said that Commissioner Rushing’s comments were well stated. He stated this is one of those situations of

regardless of how you might feel, you are probably not going to win with some group and some people, but as Chairman and in the

interest of transparency and to be able to provide the citizens of Union County to have a say, he supported the motion.

Following the discussion, the motion passed unanimously.

New Business

25. Resolution Authorizing Condemnation

Richard Long, County Attorney, stated that the Yadkin River Water Project is moving forward, and in order for pipe to be put in the

ground, easements must be acquired from these property owners. He further stated that all of these properties have been appraised

and while the County has been able to acquire some of the properties, there are others that the County has not been able to acquire.

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He commented that in order to move forward with the project, under Chapter 40A of the North Carolina General Statutes,

authorization to condemn is necessary from the Board of Commissioners. He explained that it does not mean once condemnation has

been authorized that the property will be condemned. He stated it puts the property owner on notice that if the matter cannot be

resolved, the property will be condemned and explained that the earliest possible date that the property can be condemned is 30 days

after a letter has been mailed to the property owner.

Chairman Simpson asked if once condemnation has been initiated, does that change the negotiating standard on the price of the

property or the appraisal.

Mr. Long responded that it does not and explained that the price can still be negotiated. He shared that on some of the properties, the

negotiations were close and for other properties the negotiations were far apart. He said that the notice of condemnation states there

are 30 days to resolve the matter; and, thereafter, even if there is a condemnation, negotiations can still occur, because once the

condemnation action is filed, the money is posted at the Clerk of Superior Court’s Office, and the property owner has 120 days in

which to file an answer to the County’s condemnation claim. He said that during that period of time, there is time to negotiate further.

Vice Chairman Rape shared a concern that the engineering drawings for some of the parcels, as presented in the last day or so, are

not as were presented the last time he saw them. He clarified for Mr. Long that he was referring to the 853 Project. Mr. Long stated

that he was addressing only the Yadkin Project. He said this is for the raw water intake and there would be some finished water lines

thereafter. He further said some of the easements are 60-foot easements and some are smaller easements.

Vice Chairman Rape asked if these are the finished water lines also. Mr. Long replied that is currently not part of the project but

explained that the easements are wide enough so that two pipes can be installed.

Mark Watson, County Manager, stated that these are all of the easements inside Union County for the Yadkin Project.

For purposes of clarification, Commissioner Aikmus asked for confirmation that just because condemnation is authorized, it does not

mean the properties will be condemned. Mr. Long responded that it places a deadline on the discussions or the process will move

forward.

Commissioner Aikmus moved adoption of a Resolution Authorizing Condemnation to Acquire Certain Property or Interest in

Property for a Temporary Construction Easement and Permanent Utility Easement, as recorded below:

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Commissioner Rushing expressed appreciation for the Resolution having been placed on the regular agenda and not on the Consent

Agenda. He said he had asked that these resolutions be an item on the Regular Agenda. He explained that he will be voting against

the motion and offered his explanation for his vote. He said last week the Board was in a meeting with Public Works where it was

explained how the dominos fall in these projects with one project leading to another, and if one project is not done, then the other is

not feasible. He said if the Board does not vote to approve the projects brought before it, which have not been voted on at this time,

are these condemnations needed or does a determination need to be made of where the water is going. He said the problem he has

with this is taking it to the western side of the county at Rocky River Road and Secrest Shortcut Road, and, if the Board does not,

then it is putting a lot of people through a hassle. He stated that until there are some firm commitments on what is going to be done,

he said it is possible this Board or the next Board may vote not to do these projects, and it would be putting people through a lot of

unnecessary condemnations. He further stated that he thought it degrades how the County is viewed by some of its residents, so that

is why he will not be supporting the motion.

The motion passed by a vote of three to two. Chairman Simpson, Commissioner Aikmus, and Commissioner Helms voted in favor

of the motion. Vice Chairman Rape and Commissioner Rushing voted against the motion.

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OR INTEREST IN PROPERTY

FOR A TEMPORARY CONSTRUCTION EASEMENT AND

PERMANENT UTILITY EASEMENT

WHEREAS, the governing body of the County of Union hereby determines that it is necessary and in the public interest to

acquire certain property or interest in property owned by the attached list of property owners (now or formerly) for the following public

purpose:

(1) Temporary construction easement for water supply, and

(2) Permanent Utility Easement

WHEREAS, the proper officials or representatives of the County of Union have been unable to acquire the needed interest in

this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Union, that:

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1. The County of Union shall acquire by condemnation, for the purpose stated above, the property or interest in property

described as follows:

Temporary Construction and Permanent Utility Easements and rights-of-way in, over and across certain land located in

Union County in Exhibit A

2. The attorneys representing the County of Union are directed to institute the necessary proceeding under Chapter 40A of

the North Carolina General Statutes to acquire the property or interest in property herein above described.

ADOPTED: This the 17th day of August 2020.

EXHIBIT A

TO RESOLUTION

Property Owner of Record Situs Address

Tax

Parcel ID

Thomas Ray Poplin and Judy

H. Poplin 3310 Poplin Rd 08-273-001

Ravi Pasupula & wife,

Gayatri Marella; Satish

Maroju & wife, Kavitha

Maroju

2210 Willis Long Rd 08-303-009

Phillip R. Gaddy 4514 Sugar & Wine Rd 01-231-009

Jeffrey P. Smith and

Crystal J. Smith 7927 Pleasant Hill Church Rd 01-081-002E

26. CARES Funding

Michelle Lancaster, Deputy County Manager, said that the State has allocated $8.8 million to Union County to use for COVID related expenses

from mid-March until the end of December of this calendar year. She explained that at least 25 percent (approximately $2.2 million) is required

to be provided to the municipalities in Union County.

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Ms. Lancaster said that the County engaged Centralina Council of Governments to manage the County’s funding and an application process for

the municipalities. She stated that process has been worked on for the past month and the County has received applications from 10 municipalities

with requests totaling $8.8 million, and as of last Friday, $2,227,940 has been approved for those municipalities. The list of municipalities and

the associated dollars are as follows:

$2,227,940 approved

Fairview $ 398

Indian Trail $506,596

Lake Park $ 3,176

Marshville $ 17,801

Monroe $888,729

Stallings $223,851

Waxhaw $553,918

Weddington $ 18,220

Wesley Chapel $ 3,703

Wingate $ 31,548

Ms. Lancaster noted Mineral Springs, Hemby Bridge, Unionville, and Marvin did not request the COVID funding. She said that the large amounts

in the above list are associated with law enforcement or fire payroll costs that these municipalities had that are appropriate for COVID funding,

so a methodology was applied that allowed for 22 percent of the requests that the municipalities made for those particular dollars that had been

expended to be provided to those localities.

She stated that the County has expenses and encumbrances to date totaling $1,481,028 which include grant administration; salary/benefits for

employees working on COVID-19; benefit payments for additional County COVID benefit; communication; Personal Protective Equipment

(PPE), facility related expenses; and technology. Ms. Lancaster said there remains $5,124,788 that has not been spent. She stated they are

working on a child care reimbursement program. She stated there are additional technology expenses that will enhance the County’s operations,

additional Emergency Management expenses, PPE for Union County Public Schools (UCPS), and a potential small business grant program that

would be presented to the Board at a later date.

Vice Chairman Rape asked Ms. Lancaster if UCPS is aware of the funding she had mentioned for the PPE for the schools. Ms. Lancaster

responded that they have been working with UCPS’s staff to identify the schools’ needs, particularly for masks, gowns, and some of the more

difficult to find items. She added that the County has committed to spending some of its dollars on resources to find those items for the schools

after their two-month allocation runs out with the State. He said he knows that Ms. Lancaster has a passion for children.

Commissioner Aikmus asked Ms. Lancaster for a breakdown of how the municipalities intend to use the funding.

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She stated that she could send the details to the Board but explained that the majority of the requests are for PPE facilities items, and the facilities

they have put in. She said that the larger dollar amounts are for payroll for police or fire personnel, if they have fire personnel as part of their

jurisdiction, specifically Monroe, additional technology resources they have used for holding virtual meetings. Ms. Lancaster stated that

Centralina’s staff went through a thorough review. She said not all requests were approved.

Commissioner Aikmus asked if there were any municipalities utilizing the funds for a similar program for small business grants. Ms. Lancaster

responded that there were no requests from municipalities for that type of program. Commissioner Aikmus stated he would like the details of

the requests.

Commissioner Helms asked if this type of grant is only applicable to counties or is it applicable to school systems. Ms. Lancaster said these

particular dollars only went to counties, and the Legislature put into place the second half of the dollars where 25 percent of the funding had to

go to municipalities that had not been included earlier. She noted there are COVID related dollars that were available to schools. She pointed

out there were actions that the Board took tonight for transportation dollars, senior nutrition dollars, but these particular dollars were only for

counties.

Commissioner said that Ms. Lancaster had mentioned that the municipalities are using the funds for police and payroll, etc. He asked if there has

been an exorbitant amount of payroll that exceeds what the normal tax rate pays. She explained that the County has done this as well where

personnel was primarily responding to COVID related expenses and that is what the municipalities asked. She said staff cut that to 22 percent.

She cited as an example that Monroe asked for $4.4 million, all of which was for payroll expenses, and only $800,000 of that amount was funded,

because that is what staff thought was appropriate, and it is an allowable expense under COVID guidelines.

Commissioner Rushing asked if there is a way to evenly distribute or a formula available using either property or sales tax funds to distribute

evenly the funding to all municipalities. Ms. Lancaster responded she was sure they could have established a formula, but they chose to let them

apply, because all of the municipalities are different. She said that a staff group met with the staff of Centralina, and it was thought that an

application process to give the municipalities opportunities to request what they thought was appropriate for their municipality was probably the

fairest way. She shared that there will be contracts with the municipalities for funding over $50,000. These contracts will be brought to the Board

at a later date, because they have to follow all of the federal guidelines and there will be audits throughout the process. Ms. Lancaster further

explained that had the funding been distributed on a percentage basis, some of the smaller municipalities would not have been able to spend that

amount of money on the reasons for which it has to be spent.

For the purpose of clarification, Commissioner Aikmus asked for confirmation that no dollars were requested by the municipalities for small

businesses, which Ms. Lancaster confirmed was correct.

Mark Watson, County Manager, stated that the guidelines that Ms. Lancaster mentioned are federal guidelines.

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Chairman Simpson moved to recognize, receive and appropriate $4,655,171 of additional CARES funding in the designated Special Revenue

fund (SRO #44). The motion passed unanimously.

County Manager’s Comments

Mark Watson, County Manager, shared the sad news regarding the death of one of the County’s deputy sheriffs, Christopher Scott Horne, who

was killed in an off-duty motorcycle accident on Saturday evening. He said that Deputy Sheriff Horne was a valued member of the Sheriff’s

SAFE (Sheriff’s Alcohol Field Enforcement) unit. He stated that he served seven years with the agency and previously had served with the

Monroe Police Department, Waxhaw Police Department, as well as the Stallings Police Department.

Mr. Watson stated that the Behavioral Health Collaborative earned an innovation award through the North Carolina Association of County

Commissioners/Local Government Federal Credit Union Excellence in Innovation Award that recognizes County employees for developing new

and successful programs to improve services to residents. He said this award was recognized as part of the virtual NCACC Conference. He

offered congratulations for the award and said that the collaborative was in large part the brain child of Michelle Lancaster.

Commissioners’ Comments

Commissioner Helms said he would include Officer Horne in his prayers. He stated that the law enforcement services are taken for granted but

stressed that they are a vital part of the county. He added he is deeply sorry for the loss of Officer Horne.

Vice Chairman Rape had no closing comments.

Commissioner Rushing offered his prayers for the family of Deputy Sheriff Christopher Scott Horne.

Commissioner Aikmus offered his condolences to the family of Deputy Sheriff Horne.

He encouraged the municipalities that applied for the COVID funding to perhaps reconsider. He stated that while the municipalities can use 100

percent of those funds to fulfill their needs, he thought they should consider the small businesses that are supporting the community, supporting

the county, and who live in this community and county. He said that he believes this is an opportunity to do the right thing for the members of

the community who support the municipalities day in and day out.

Chairman Simpson had no closing comments.

27. Closed Session

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At approximately 3:45 p.m., Chairman Simpson moved that the Board go into closed session for the following purposes: 1) in accordance

with G.S. 143-318.11(a)(4), to discuss matters relating to the location or expansion of industries or other businesses including

agreement on a tentative list of economic development incentives; and 2) in accordance with G.S. 143-318.11(a)(3), to consult with an

attorney in order to preserve the attorney-client privilege and to consider and give instructions concerning the handling of the

following judicial action: Union County vs. Town of Marshville. The motion passed unanimously.

The Commissioners moved to the First Floor Conference Room for the closed session.

At approximately 4:20 p.m., the Commissioners returned to the Commissioners’ Board Room, and the Chairman reconvened the

regular meeting.

Chairman Simpson moved adoption of A Resolution Authorizing Condemnation to Acquire Certain Property or Interest in Property

for a Temporary Construction Easement and Water Line Easement for the 853 West Transmission Main Project as recorded below:

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OR INTEREST IN PROPERTY

FOR A TEMPORARY CONSTRUCTION EASEMENT AND

WATER LINE EASEMENT

FOR THE 853 WEST TRANSMISSION MAIN PROJECT

WHEREAS, the governing body of the County of Union hereby determines that it is necessary and in the public interest to

acquire certain property or interest in property owned by the attached list of property owners (now or formerly) for the following public

purpose:

1. Temporary construction easement for water supply, and

2. Water Line Easement in order to move water to elevated storage facilities in the Town of Stallings and Town of Indian

Trail.

WHEREAS, the proper officials or representatives of the County of Union have been unable to acquire the needed interest in

this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Union, that:

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1. The County of Union shall acquire by condemnation, for the purpose stated above, the property or interest in property

described as follows:

Temporary Construction and Water Line Easements and rights-of-way in, over and across certain land located in Union

County in Exhibit A

2. The attorneys representing the County of Union are directed to institute the necessary proceeding under Chapter 40A of

the North Carolina General Statutes to acquire the property or interest in property herein above described.

EXHIBIT A

TO RESOLUTION

PROPERTY OWNER OF

RECORD (now or formerly)

SITUS ADDRESS TAX

PARCEL ID

GLENN ALLING ,

KELLY ALLING 1403 N ROCKY RIVER RD 09-342-191

JUAN ALZATE 0 ROCKY RIVER RD 09-342-114F

MONROE BLINDS INC, 0 ROCKY RIVER RD 09-342-114E

ELEUTERIO BONILLA

CABRERA, , CLAUDIA

CABRERA

3929 JOHNSIE THOMAS LN 09-336-021

CARIDAD FORTUNE,

ADAM C. FORTUNE 0 ROCKY RIVER RD 07-030-001

PHYLLIS S. FUNDERBURK,

TRUSTEE OF TRUST "B" OF

THE FUNDERBURK, JR

FAMILY TRUST DATED

APRIL 2 1992

5303 SECREST SHORTCUT 07-027-007 and

07-027-007A

GOOSE, CREEK HOLDINGS

LLC 0 W ROOSEVELT BLVD 09-339-163A

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GOOSE CREEK HOLDINGS

LLC, 2620 JAMES HAMILTON RD 09-336-029

DEBRA GREEN, JULIUS H.

GREEN 6002 SECREST SHORTCUT 07-027-029A

CALVIN H. HALL, GRANT E.

HALL

0 JAMES HAMILTON RD 09-336-029E

MOSER HALL I LLC,

0 JAMES HAMILTON RD 09-336-029D

DEBRA ANNETTE S. HELMS,

LANE LEE HELMS 5319 SECREST SHORTCUT RD 07-027-008D

JESHURUN, CORPORATION 1503 N ROCKY RIVER RD 09-342-187

SPIRYDON E. KALTSOUNIS,

FOTINA KALTSOUNIS 3621 OLD CHARLOTTE HWY 09-339-014

ROMAN KOMLEV, VERA

KOMLEV

5710 SECREST SHORT CUT 07-027-031

HOMEOWNERS

ASSOCIATION FOR

LONGBROOKE, INC.

0 N ROCKY RIVER RD 09-345-027A

CATHERINE OXNER,

WILLETTE OXNER 6022 SECREST SHORT CUT RD 07-024-041K

RR/74 LLC

0 HWY 74 09-339-162

KEYA S. THOMAS 3126 N ROCKY RIVER RD 09-336-021G

TYSON LAND INVESTMENTS

LLC,

4018 W HWY 74 09-336-030B 01

SHANNON WEBER,

KEITH B. WEBER 5320 SECREST SHORTCUT 07-027-032D

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Richard Long, County Attorney, explained that these are the properties for which the County has been unable to acquire

easements for the 853 Project.

Commissioner Rushing stated that the previous vote tonight was for the supply line and this is the connection line underneath

to connect the Catawba and the Yadkin systems.

Mr. Long stated that this project will be running water to Stallings and Indian Trail for the elevated tank to increase pressure

in those zones. He said it will be a 36-inch line and a 16-inch line.

Commissioner Helms said the hesitation that he has on the motion is that he wants to see the final drawing. Mr. Long replied

that is the Board’s call.

Commissioner Aikmus asked if there would be any further discussion on the properties. Mr. Long stated that once the Board

approves the condemnation, he will negotiate with the property owners, but if an impasse is reached, he will file the

condemnations. He explained that the process includes his talking with the property owners about the appraised values, and

thereafter if they are not reaching an agreement, the property owners will receive a notice of condemnation which is a 30-day

notice. He said the notice states the earliest that condemnation will occur is 30 days after the date of that letter, and then a

lawsuit will be filed to condemn the property and whatever amount is determined for the property will be posted with the

Clerk of Superior Court. Thereafter, the property owner can still negotiate with the County over the value of the property. He

said they have 120 days in which to file their answer to the County’s lawsuit.

Commissioner Rushing stated one of the arguments he has heard for the Yadkin Plant is to make that connection. He asked if

the Resolution is not approved, could the two systems be connected. Mr. Long stated there would be a pipe coming from

Yadkin going to nowhere. Commissioner Rushing asked if the motion fails tonight, could it be brought back at a future

meeting. Mr. Long responded that it could brought back by following the procedures.

Commissioner Helms asked if the Resolution could be adopted with the removal of one parcel until the requested information

has been provided to the Board. Mr. Long stated that the Board could vote to condemn some, all, or none of the parcels listed

on the Resolution. He advised that the Board could discuss a particular property listed on the Resolution in open session but

could not do so in closed session.

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Brian Matthews, Assistant County Manager, interjected that the challenge of removing one of the parcels from the Resolution

is that the Notice of Condemnation cannot be given until the Board makes that decision and that requires a 30-day notice

period. Mr. Matthews stated if the Board does not give the authority for all properties, staff would have to come back to the

Board for whichever property the Board has to take action on, and then it takes another 30 days before any action can be taken

if an arrangement cannot be reached with the property owners. He stated that it is pushing the schedule out where the timeline

cannot be met. He said the timeline will be tight for this project as well as the construction of the Yadkin Project, and it

would be pushing the project another 30 days out.

Vice Chairman Rape asked if the Board could take action at the September 8 meeting after the engineering has been reviewed.

Mr. Matthews said staff cannot promise that all of the design work can be done in two weeks. He assured they would strive

to be completed within two weeks but could not promise that this goal can be met. He said if the time line is missed that the

county will be farther behind.

Mr. Long commented that it would be three weeks until the Board’s next meeting, and it would be a 51-day delay at least for

the project. He reminded that all of the appraisals have been received within the last two weeks.

Commissioner Rushing cautioned the Board that if this goes to court, and one property is pulled from the list, it is setting a

bad precedent.

Mr. Long agreed with Commissioner Rushing.

Chairman Simpson said he thought the concern is in the process of negotiations, it is looking at re-engineering some

drawings, and that answer is not available. He stated he has faith in the County’s staff and the County attorney that they will

keep the Board informed and will not be moving forward with any condemnation until the full facts are available about the re-

engineered drawings and the property owner has been fully notified and vetted with regard to those changes.

The motion passed by a vote of three to two. Chairman Simpson, Commissioner Aikmus, and Commissioner Helms voted in

favor of the motion. Vice Chairman Rape and Commissioner Rushing voted against the motion.

Adjournment

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With there being no further comments or discussion, at approximately 4:31 p.m., Chairman Simpson moved to adjourn the

regular meeting. The motion passed unanimously.