VILLAGE OF MARVIN 100041 New Town Road] Marvin, NCI 281731 Tel: (704) 843-16801 |Fax: (704)8 843-1660 www.marvinnc.org AR VILLAGE COUNCIL MEETING MINUTES February 9, 2021 - 6:30pm Village Hall, 100041 New Town) Road Regular Meeting (Virtual Meeting) A. AGENDA ITEM 1. Call to Order 5MINUTES Mayor Pollino called the meeting to order at 6:31pm and determined that a quorum was present. Present: Mayor Pollino, Mayor Pro Tem Vandenberg, Councilman Lein, Councilman Wortman (arrived 6:33pm) Present Virtually: Councilman Marcolese Absent: None Staff] Present: Christina Amos, Austin W. Yow, Rohit Ammanamanchi, Jamie Privuznak, Chaplin Spencer (Village Attorney) 2. Consider Allowing Councilmembers tol Participate Remotely Councilman Wortman was not! present att thet time oft this vote. MOTION: Mayor Pro Tem Vandenberg moved to allow Councilmembers toj participate remotely. VOTE: The: motion passed unanimously. 3. Adoption of the Agenda MOTION: Councilman Marcolese: moved to adopt the agenda as] presented. Councilman Wortman was not] present att thet time oft this vote. VOTE: The motion passed unanimously. 4. Pledge of Allegiance 5. Public Comment Period Mayor Pollino ledt thej pledge of allegiance. Councilman Wortman arrived at 6:33pm. homes in the Barcroft subdivision, in violation ofl local occupancy ordinances. Kurt Moore, 327 Elmhurst Drive, spoke about a concern regarding dozens of migrant workers potentially leasing multiple B. PRESENTATIONS TIME STAMP 5:05 101 MINUTES 1. Recognition of Service to Nancy Schneeberger Mayor Pollino presented retiring Tax Collector & Office. Assistant, Nancy Schneeberger with a plaque toi recognize and thank her for her service to the Village. Councilmembers and stafft thanked Nancy for her service and wished her well. 2. Development Finance Initiative (DFI) Presentation on Economic Feasibility of thel Marvin Heritage District Eric Thomas, Rory Dowling, and Ameliel Bailey of thel Development Finance Initiative gave a presentation on the economic feasibility of thel Marvin Heritage District. (See attached presentation, which is hereby incorporated as a reference into these minutes). TIME STAMP 12:00 Council discussed this presentation in depth. TIME STAMP 1:04:45 3. Discussion and Consideration of 2050 Metropolitan Transportation Plan Recommendations for Candidate Projects Rohit Ammanamanchi, Planning & Zoning Administrator, explained that CRTPO is looking for municipal recommendations for large transportation projects fori its 20501 Metropolitan Transportation Plan (MTP). Currently, these projects include the widening or Providence Road and the proposed roundabout at thel New Town and Marvin Road intersection. Council discussed whether twoj previously addedj projects should bel kept as a1 recommendation; these projects include widening New Town Road between Crane Road and Providence Road, as well as widening Waxhaw-Marvin Road Bonds Grove Church Road and Helms Road. Page17 MOTION: Mayor Pro Tem Vandenberg moved to keep in the 2045 MTP project list "New Town Road between Cranel Road VOTE: The1 motion failed 3-2.1 Mayor Pro Tem Vandenberg and Councilman Lein voted "Yea."I Mayor Pollino, Councilman MOTION: Mayor Pro Tem Vandenberg moved to approve the 20451 MTP project "Waxhaw-Marvin Road Bonds Grove VOTE: The motion: failed3 3-2. Mayor Pro Tem Vandenberg and Councilman Lein voted "Yea." Mayor Pollino, Councilman and) Providence Road." Marcolese, and Councilman Wortman voted "No." Church Road and] Helms Road." Marcolese, and Councilman Wortman voted "No." C.REPORTS AND UPDATES TIME: STAMP 1:21:25 1. Manager's Report 201 MINUTES Christina Amos, Village Manager, stated thats shei is working on thel RFP for solid waste and recycling as a municipal service with the Town of Weddington, as well as thel RFP for thew new Village Hall. Shei informed Council that thei nol left turn sign has been installed on New Town Road at the New Town & Marvin Road intersection. Council asked Ms. Amos to discuss enforcement of thes sign with the police officers. a. Disc Golf] Package Plan Ms. Amos stated Derek Durst, Public Facilities Manager, is working on a sponsorship policy to fund the disc golf course and is already seeking out potential sponsors. She briefly explained how the funds from sponsorships would be Ms. Amos informed Councilmembers that due to thel loss ofp park employees for medical reasons, that Mr. Durst has received and earmarked in the budget. b. Park Employee Changes absorbed more duties and needs to become ai full-time employee. 2. Planner's Report No1 report was given. 3. Roads Report No report was given. TIME: STAMP 1:25:45 4. Deputy's Report reference into these minutes). TIME STAMP 1:26:45 5. Planning Board Chair Report 6. PR&G Chair Report Nor report was given. items removed bya Council member) E. PUBLIC HEARING TIME: STAMP 1:27:55 Deputy Montgomery gave his report on calls from. January 2021. (See attached staff report, whichi is hereby incorporated. as a Chairman John Jones briefly reflected on previous meetings. D. CONSENT AGENDA (Consent Agenda Ilems may be considered. inc one motion and without discussion exceptj for those OMINUTES 45 MINUTES 1. Open thel Public Hearing for Conditional Use Permit Application #20-12548: Pool in a Side Yard at 1901 Grigg Lane MOTION: Mayor Pro Tem Vandenberg moved to open thej public hearing. VOTE: The motion passed unanimously. -Public Comments Austin W. Yow, Village Clerk & Assistant to thel Manager, swore in Mr. Ammanamanchi. Page217 Rohit. Ammanamanchi, Planning & Zoning Administrator, explained that duet to orientation of thel home, the proposed pooli is in the side yard. Hes stated that the neighbor, Jan Harper, has submitted a letter ofs support for the application. He stated that no additional conditions were recommended by thel Planning Board. He recommended approval. MOTION: Mayor Pro Tem Vandenberg moved to close the public hearing. VOTE: The motion passed unanimously. Discussion and Consideration MOTION: Mayor Pro" Tem Vandenberg moved to approve Conditional Usel Permit Application #20-12548 fora a pool 1.The use will: noti materially endanger the public health or safety ifl located where proposed and developed according 3. The use will not substantially injure the value ofa adjoining or abutting property, ort the use is aj public necessity; 4. The location and character of the use, ifo developed according to thej plan as submitted and approved, willl be in harmony with the area in which iti is to bel located and willl be in general conformity with this chapter and the Village in as side yard at 1901 Grigg Lane and find in affirmative the following findings off fact: to plan; 2. The use meets all required conditions and specifications; Land Use Plan. TIME STAMP 1:35:10 2028 Groves Edge Lane VOTE: Thei motion passed unanimously. -Public Comments VOTE: The motion passed unanimously. 2. Open thel Public. Hearing for Conditional Use Permit Application #20-12554: Pooli in Rear Yard that abuts Side Yard at MOTION: Mayor Pro Tem Vandenberg moved to open the public hearing. Mr. Yow swore in Mr. Ammanamanchi. been met. He recommended approval. VOTE: The motion passed unanimously. Discussion and Consideration findings off fact: toj plan; Rohit Ammanamanchi, Planning & Zoning Administrator, explained that a conditional use permit for neighboring home with thes same scenario was previously approved.. He confirmed all: requirements ini the Village ordinances have MOTION: Mayor Pro Tem Vandenberg moved to close the public hearing. MOTION: Mayor Pro Tem Vandenberg moved to approve the request for Conditional Usel Permit Application #20- 12554: pool in rear yard that abuts a side yard at2 2028 Groves Edge Lane and find in the affirmative the following 1.The use will not materially endanger the public health or safety ifl located where proposed and developed according 3. The use willi not substantially injure the value of adjoining or abutting property, ort the use is aj public necessity; 4. The location and character of the use, ifdeveloped according to the plan as submitted and approved, willl be in harmony with the area in which iti is tol bel located and willl be in general conformity with this chapter and the Village 2. The use: meets all required conditions and specifications; Land Use Plan. TIME STAMPI 1:40:00 1117 Firethorne Clubl Drive VOTE: The motion passed unanimously. -Public Comments VOTE: The motion passed unanimously. 3. Open the Public Hearing for Conditional Usel Permit Application #20-12571: Pool in Rear Yard that abuts Side Yard at MOTION: Councilman Marcolese moved to open the public hearing. Mr. Yow swore in Mr. Ammanamanchi and the applicant Danielle Shealy. Page317 Rohit. Ammanamanchi, Planning & Zoning Administrator, explained that both thej proposed setback and screening for thej pool is greater than thei requirements. He added that the applicant is planning to install a wall to Danielle Shealy, 1117 Firethorne Club Drive, explained that the wall would be 2-3 feet tall and she stated thats she provide additional screening. He recommended approval. has approval from both the HOA and] her neighbors. VOTE: The motion passed unanimously. -Discussion and Consideration MOTION: Mayor Pro Tem Vandenberg moved to close thej public hearing. MOTION: Mayor Pro Tem Vandenberg moved to approve Conditional Use Permit Application #20-12571: pool in rear yard that abuts side yard at 1117 Firethorne Club Drive and find in the affirmative the following findings off fact: 1.The use will not materially endanger the public health or safety ifl located where proposed and developed according 3. The use will not substantially injure the value of adjoining or abutting property, or the use is aj public necessity; 4. The location and character oft the use, if developed according to the plan as submitted and approved, willl be in harmony with the area in whichi iti is tol be located and willl bei in general conformity with this chapter and the Village toj plan; 2. The use meets alli required conditions and specifications; Land Use Plan. VOTE: The motion passed unanimously. F. VILLAGEI HALL Nor report was given. G. UNFINISHED BUSINESS TIME STAMP 1:47:40 OMINUTES 601 MINUTES 1. Consider Approval of NCDOT Agreement Revisions for Marvin/New Town Road Roundabout Ms. Amos explained that thej proposed revisions to the contract for thel Marvin/New Town) Road] Roundabout. She added that NCDOT has provided additional information previously requested by Council. Council asked Ms. Amos to ask NCDOT to not wait until thes summer, but tol begin thej project as soon as the funds are available. Council discussed this item in depth. MOTION: Mayor Pro Tem Vandenberg moved to approve thel NCDOT Agreement Revisions for Marvin/New Town Road Roundabout. VOTE: The motion passed unanimously. TIME STAMP 1:54:15 2. Discuss and Consider Approval orl Denial of] Revisions to Personnel Policy Ms. Amos explained thel latest proposed revisions with the personnel policy. These changes were largely based on thei form of government change, legal requirements, and eliminating subjective language and redundancies. MOTION: Councilman Marcolese moved to remove thel last sentence of section 29 on page 20. VOTE: The motion passed unanimously. CLERK'S. NOTE: The referenced sentence: states "This section ini its entirety does not apply tol Part' Time Park Employees." This language ifretained would have allowed relatives and significant others of Councilmembers or employees to be hired as part time park employees. However, the passage oft the above motion removed this language from the proposed revisions to the personnel policy. MOTION: Mayor Pro Tem Vandenberg moved to approve the revised personnel policy as amended. VOTE: The motion passed unanimously. VOTE: The motion passed unanimously. Mayor Pollino reconvened the meeting. MOTION: Mayor Pro" Tem Vandenberg moved to take a two-minute break. Page417 TIME: STAMP2:27:45 3. Discuss and Consider Approval of NFocus Contract to Hire: al Planner from February 15th to. June 30th at a Cost of Ms. Amos explained that attorney has reviewed and approved the agreement. Council expressed their desires to eventually hire someone in a more permanent position. Ms. Amos stated that the position would be advertised again in the fall. Council MOTION: Mayor Pro Tem Vandenberg moved to approve thel NFocus contract tol hire a planner from February 15th to. June $22,400 AND Authorize Manager to Execute the Contract discussed this item in depth. 30th at a cost of$ $22,400 and authorize Manager to execute the contract. VOTE: The motion passed unanimously. TIME STAMP2:31:20 Contract item in depth. 4. Discussion and Consideration of Union County Tax Collector Contract AND. Authorize Manager to Execute the Ms. Amos explained that since the Village Tax Collector retired, few people have applied for the position. She explained that this contract would allow Union County to collect the Village'st taxes for them starting. July 1,2021. Council discussed this MOTION: Mayor Pro Tem Vandenberg moved to approve the Union County Tax Collector contract and authorize Manager to execute the agreement upon attorney review. VOTE: The motion passed unanimously. TIME STAMP: 2:35:50 5. Discussion and Consideration of Entering Local Agreement with Union County for Water/Wastewater Services for 30 Ms. Amos explained that this agreement is neither endorsed by her or the Village Attorney. Council agreed not to entert this Yearsand Authorize Manager to Execute Agreement agreement. TIME STAMP2:37:00 Creek and Weddington Chase 6. Discussion and Consideration of Waiving' Three-Quote Requirement for Street Name Blade Replacements Authorizing Manager to Execute Agreement with Fast Signs at: a Costl Not to Exceed $9,600 Standardizing Brackets for Canterfield Ms. Amos briefly explained that thei new street name blades are not compatible with the current posts in Canterfield Creek and Weddington Chase. She added thats staff has not had time to compose an RFPt to standardize brackets for all street name blade posts on Village roads. Council discussed this item in dept. Council also briefly discussed the aesthetics of speed limit signs that were recently installed in subdivisions. Council directed Ms. Amos toj place this item, as well as speed limit signs, on the February 25 work session agenda. TIME STAMP2:48:15 7. Discussion of Village Council Retreat Agenda Ms. Amos explained Union County Commissioners Helms and Rape, Union County Sheriff Cathey, Union County Chief Deputy Sheriff Underwood, and State Representatives Willis and. Johnson will all be attending the Council retreat on February 19 at Firethorne Country Club. H.N NEW BUSINESS TIME STAMP2 2:53:00 45 MINUTES 1. Consider Call foral Public Hearing on Installment Financing for the Construction of the New Village Hall to be Held on Jamie Privuznak, Finance Officer, introduced David Cheatwood of First Tryon, who are helping the Village with thel Local Government Commission application process. Shet then introduced Scott) Leo of Parker Poe, who is drafting documents for the MOTION: Mayor Pro Tem Vandenberg moved to call for aj public hearing on Installment Financing for the construction of Wednesday, March 10 at 6:30pm at Village Hall Village for this process. the new Village Hall to be held on Wednesday, March 10 at 6:30pm at Village Hall. VOTE: The motion passed unanimously. Page517 TIME: STAMP 2:55:15 2. Consider Call for: a Special Meeting on Wednesday, March 10 at 6:30pm tol Hold the Public Hearing, to Adopt: a Mrs. Privuznak explained that thej purpose ofthis special meeting would be tol hold thej previously mentioned public hearing on installment financing fort thei new Village Hall, as well as to adopt a preliminary resolution on thei financing terms. MOTION: Mayor Pro Tem Vandenberg moved to call for a special meeting on Wednesday, March 10 at 6:30pm tol hold the Preliminary Resolution on thel Financing' Terms public hearing and to adopt a preliminary resolution on the financing terms. VOTE: The motion passed unanimously. TIME: STAMP2:56:30 3/1/2024 3. Discuss and Consider Reappointment of Kelly Cates and Kent] Renner to the Planning Board for' Terms Expiring Mr. Yow explained that Mrs. Cates and] Mr. Renner wish tol bei reappointed to the Planning Board for another term.) He also explained that Mr. Cappiellol has announced hei is not seeking another term on thel Board. He added that staff would begin advertising the upcoming vacancy and would bring applications back for consideration at the February 25 work session. MOTION: Mayor Pro Tem Vandenbergi moved to reappoint Kelly Cates and Kent Renner tot the Planning Board fort terms expiring 3/1/2024. VOTE: The motion passed unanimously. TIME: STAMP: 2:58:30 Expiring 3/1/2023 only applicant. Term Expiring 3/1/2023. VOTE: The motion passed unanimously. TIME STAMP: 2:59:00 4. Discuss and Consider Appointment of. Jennifer Barbara to thel Board of Adjustment as an Alternate fora Term Mr. Yow explained that there is currently one vacant alternate seat on the Board of Adjustment and that Mrs. Barbara ist the MOTION: Mayor Pro Tem Vandenberg moved to appoint. Jennifer Barbara to thel Board of Adjustment as an Alternate fora 5. Discussion and Consideration of Circulating Citizen Petition, "Union County Residents Opposed to Aventon Austin W. Yow informed Council that there are twot third-party requests toj publish information on thei residents list. The first request from Billl Laughlin is to: share an online petition to oppose the Aventon. Rezoning Request, which seeks tol builda310- unit apartment near thei intersection ofl New Town and Providence Road in Unincorporated Union County. Village Attorney Chaplin Spencer cautioned about setting aj precedent for circulating petitions regarding zoning decisions. Council chose not to circulate the petition, due to the concern ofe establishing aj precedent, but directed Mr. Ammanamanchi to Apartments Rezoning at Providence and Newtown" out through the) Residents List draft a resolution opposing the rezoning request. TIME STAMP 3:06:00 Residents List 6. Discussion and Consideration of Circulating Fundraiser Email forl Leukemia & Lymphoma Society out through the Mr. Yow explained that the second request was from a local student to share ai fundraiser email for thel Leukemia & Lymphoma Society. Council agreed by unanimous consent to allow. Aaron! Logan, the requestee to speak. Mr. Logan explained Council chose not to circulatei the email, due tot the concern ofe establishing a precedent, but advised Mr. Logan on how to raise that he sought to raise $50,000 by March. Council discussed this item in depth. additional funds. . OPEN TOPICS Not topics were discussed. 5MINUTES Page617 J. AGENDA ITEMS TIME. STAMP: 3:16:55 1. Review of Action Items Mr. Ammanamanchi willi investigate the Barcroft multiple occupancy: issue. Mr. Ammanamanchi willl have information on MSDs for the retreat. Ms. Amos will communicate to off-duty patrol about enforcing thei no left turn sign and to move their cars. Ms. Amos willi inform the author oft the petition about Council's decision toi not authorize use oft the residents list. Ms. Amos willl bring back the discussion ofs standardizing brackets for street name blades, as well as ani item on speed Ms. Amos and Mr. Spencer will assess the 32 hours per week for an employee tol be considered part time for the Ms. Amos and Mr. Ammanamanchi will continue to advertise for a planning assistant ini the fall. Mr. Ammanamanchi will draft ai resolution to oppose the Aventon rezoning request fort thel February 25 work session. Mr. Ammanamanchi and Mr. Yow will send out reminders for upcoming public input meetings for the Aventon Mr. Yow will order a plaque for Paul Cappiello for his service on thel Planning Board. Mr. Yow will email Council and staffa about submitting their lunch orders for the retreat and will send the orders to limit signs to thel February 25 work session. personnel policy. rezoning request. Mayor Pro Tem Vandenberg by Wednesday, February 17. Review of Ongoing Action Item List Council chose not to review the list at this time. TIME STAMP 3:19:15 2. Council Comments Mayor Pollino: Hei reflected on thei recent Coffee with Council, at which ai non-Marvin resident of Providence Downs South and a developer attended. He encouraged residents to attend. Councilman Lein: He thanked staff and law enforcement and wished everyone to stay safe. There were: no other comments. K. CLOSED SESSION No closed session occurred. L. ADJOURNMENT OMINUTES MOTION: Mayor Pro Tem Vandenberg moved to adjourn the meeting at 9:57pm. VOTE: The motion passed unanimously. 3-9-37 Adopted: W Austin W. Yow Village Clerk & Assistant to the Village ofl Marvin Kr Manager OF AR 4: SEAL N.C. 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Providence Rd 2800 Blk of Crane Rd Bonds Grove Church Rd @ Waxhaw Marvin Rd Bonds Grove Church Rd @ Belle Grove Rd Page 2of2 ALARMS LAW BUSINESS CHECKS FRAUD TRAFFIC STOP PREVENTATIVE PATROL 8 28 5 13 362 TOTAL CALLS FOR SERVICE 505