HomeMy WebLinkAboutNovember_1_2005_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
NOVEMBER 1 2005
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
November 1, 2005, at 7:00 P.M., in the Iredell County Government Center (Commissioners'
Meeting Room), 200 South Center Street, Statesville, NC.
Present were:
Sara Haire Tice, Chairman
Vice Chairman Godfrey Williams
Steve Johnson
Marvin Norman
Ken Robertson
Staff present: Deputy County Manager Susan Blumenstein, County Attorney Bill Pope,
Enforcement and Planning Director Lynn Niblock, Planning Supervisor Steve Warren, Planner
Richard McHargue, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Robertson.
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to approve the
following agenda adjustments.
Additions: • Request for Approval to Close the Tax Offices on Thursday, December 8 and
Friday, December 9, 2005 To Effect the Move to the New Office on Water
Street, Statesville, NC
• Request for Approval to Allow Crossroads Behavioral Healthcare to Sub -lease
County Facilities Located at Hwy. 21, Statesville, NC and East Center
Avenue, in Mooresville, NC to Crossroads' Service Providers
Deletion: • Kenneth Byrd, the Agent for Valorie S. Byrd, has Submitted a Letter Requesting
that Rezoning Case No. 0510-4 be Withdrawn from the Docket
*Update from Crossroads Behavioral Healthcare Director David Swann
(Mr. Swann provided an update at the briefing session.)
VOTING: Ayes — 5; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Year End Report from the Region F Aging Advisory Committee: Aging Specialist Gayla
Woody, with the Centralina Council of Governments, along with Council on Aging Executive Director
Anna Rice, and Region F Aging Alternate Member Victor Crosby, attended the meeting to present the FY
04-05 report. Woody presented aging demographics and encouraged the board members to help create
"senior friendly communities." She said this type of community had a wide range of social and economic
opportunities, and they (1) valued older adults' contributions (2) promoted positive intergenerational
relations (3) considered the needs of older adults in the physical and community planning (4) respected
the rights of older adults to live independently, and (5) acknowledged the primary role of family to
enhance the capacity for caring. Woody said the top ten things that county boards/city councils could do
for senior citizens were as follows:
0- redevelop downtown areas
► improve walk ability
► support care giving
IN- recognize senior friendly entities
00- assess senior -friendliness of county/city services
Do- assure adequate transportation
Do- assure adequate emergency services and disaster special needs sheltering
ho, develop information and assistance programs
0- assure strong health and human services
IN- offer meaningful activities/programs
Presentation from Patrick Beggs Watershed Education for Communities and
Officials' Project Coordinator, through the North Carolina Cooperative Extension: Patrick
Beggs and Christy Perrin, both employed by the Cooperative Extension Office (Raleigh, NC)
provided a PowerPoint presentation on local watershed recommendations with special focus on
the Coddle Creek Watershed. Mr. Beggs mentioned that a watershed was all of the land that
drained to a particular point along a waterway. During the presentation, Beggs provided
recommendations on how to (1) meet the needs of future development (2) preserve the quality of
natural resources already present, and (3) restore degraded watershed functions. He said there
were threats (elevated fecal coliform and aluminum/iron) to water quality as well as to
plant/animal habitat functions. Beggs provided the following nine recommendations for
watershed improvements.
•Incorporate the Watershed Management Plan into comprehensive planning initiatives.
*Develop a land use plan for the Upper Coddle Creek Watershed to protect drinking water in
Lake Howell, by collaborating with neighboring local governments to manage stormwater on a
watershed wide basis.
*Develop a local watershed stewardship program, which includes public education.
•Collaborate with neighboring local governments to develop and foster an active watershed
stakeholder group, and help identify project champions.
*Encourage Low Impact Development, including stormwater best management practices,
through ordinance review and improvement.
*Preserve sensitive areas including high quality wetlands and water supply sources.
*Extend local riparian buffer ordinances to include intermittent streams.
•Actively monitor and enforce sediment and erosion control ordinances.
*Review the impact of all proposed development upon hydrology, water quality, and aquatic
habitat, with costs being assessed to the entity that stands to gain from the development.
In conclusion, Beggs said that on November 9, 2005, in Union County, a Phase II
Stormwater Workshop would be held, and the public was invited to attend.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing.
Consideration of an Application to the North Carolina Department of Commerce for
a Community Block Development Grant (CDBG) for Economic Development in
Conjunction with a Pratt Industries Project: Deputy County Manager Blumenstein said the
county was desiring to serve as the applicant for a CDBG totaling up to $675,000 to assist in the
construction of water/sewer lines and rail access for a local company. Blumenstein said Jet Corr,
Inc., d/b/a Pratt Industries, a corrugated packaging company, had operated in the county since
1987, and it was located on Meacham Road. She said the company planned to build a 300,000
square foot manufacturing facility at the West Farm Industrial site in Statesville and invest
approximately $22 million in the project. Blumenstein said the company planned to add 80 new
jobs (presently employs 100). She said the economic development incentive previously
approved by the board on August 2, 2005, would serve as the county's local match, and other
funding that would be directed towards the project would come from the North Carolina Rural
Center, North Carolina Department of Transportation, EnergyUnited Water, Alexander Railroad
and the Greater Statesville Development Corporation.
No one else requested to speak, and Chairman Tice adjourned the public hearing.
OTION by Commissioner Johnson to approve the submission of a CDBG application to
the North Carolina Department of Commerce on behalf of Pratt Industries.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Case No. 0510-1: Marie Redd Hayes requests an Amendment to the Iredell County
Land Use Plan and a Rezoning from M-1, Light Manufacturing to R-20, Single Family
Residential: Planning Supervisor Steve Warren gave the following staff report for this request.
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OWNER: Marie Redd Hayes APPLICANT: Alan Lorne Cook
369 Jane Sowers Road 548 Blackwelder Road
Statesville, NC 28625 Statesville, NC 28625
LOCATION: 369 Jane Sowers Road in Statesville, NC; more specifically identified as a
portion of PIN # 4756-03-2757. Directions: North on Turnersburg Highway (Hwy 21),
turn right onto Jane Sowers Road. Property on right, past 1-77 overpass.
REQUESTED ACTION: Rezone the M-1 (Light Manufacturing) portion of subject
parcel to R-20, Single -Family Residential Zoning District, and amend the Iredell County
Land -Use Plan with reference to the subject parcel from Industrial to Residential.
PROPOSED USE: Residential
SIZE: 10.35 acres requested for rezoning. Entire parcel is 37.4 acres.
EXISTING LAND USE: Agricultural.
SURROUNDING LAND USE: Residential.
WATERSHED REGULATIONS: The subject parcel is not located within a watershed.
TRAFFIC: In 2003 there was an average daily traffic count of 2,700 vehicles per day on
Jane Sowers Road with an approximate daily carrying capacity of 10,000.
ZONING HISTORY: The subject portion of this parcel has been zoned M-1 since
county -wide zoning took effect in 1990. The County Land Use Plan identified this same
portion as part of an Industrial node that extends from Crawford Road west to I-77 and
south to I-40.
STAFF COMMENTS: The applicant plans to build a home on his family property
within the subject portion of this parcel. He is therefore seeking a down -zoning from M-
1 to R-20, effectively making the entire parcel R-20. The surrounding industrial district
is relatively undeveloped, with the exception of properties along Crawford Road within
the City of Statesville's jurisdiction. Because the proposed rezoning would result in a
downgrade in district intensity, staff recommends in favor of the request. If approved,
the request also includes an amendment to the County's Land Use Plan.
PLANNING BOARD ACTION: On October 5, 2005, the Planning Board voted 7-2 to
recommend in favor of the rezoning request. The Board also voted 7-2 in favor of
amending the Iredell County Land Use Plan.
Commissioner Williams asked if a site plan had been submitted for the new home, and
Warren said it had not been received.
Alan Lorne Cook said he was the applicant for the rezoning, and the great grandson of
Marie Redd Hayes, the property owner. Mr. Cook said the property had belonged to his family
since 1888, and currently, seven families resided on the site. He said the lower property section
was a creek bottom that was highly unsuitable for industrial uses, and he wanted to build a home
on the wooded site overlooking the creek. He said most of the property was in farm use and
there were future plans for a vineyard. Mr. Cook said the family didn't know the property was
zoned light manufacturing until recently.
No one else desired to speak, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Robertson to amend the Land Use Plan in conjunction with
Case No. 0510-1/Marie Redd Hayes property.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Norman to approve the rezoning from M-1 (Light
Manufacturing) to R-20, Single -Family Residential Zoning District for the property portion
(10.35 acres) involved in Case No. 0510-1/Marie Redd Hayes.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Case No. 0510-2: Doris G. West, et al., West Properties of Statesville, and Iredell
County, Request that Property be Rezoned from Residential Agricultural to M-1, Light
Manufacturing: Planning Supervisor Warren reviewed the staff report for this case, a copy
of which is as follows:
OWNERS: Doris G. West, et. al.
P.O. Box 751
Statesville, NC 28687
APPLICANT: Roy West (West Realty)
P.O. Box 751
Statesville, NC 28687
West Properties of Statesville Iredell County
P.O. Box 829 P.O. Box 788
Statesville, NC 28687 Statesville,NC 28687
LOCATION: Taylorsville Highway (Hwy 90) in Statesville, NC; more specifically
identified as PIN#s 4725-08-1415, 4715-98-4680, and 4715-87-6587. Directions:
West from Statesville on Taylorsville Hwy, property on right at Deer Ridge Lane.
REQUESTED ACTION AND CONDITIONS: Rezone subject parcels from R -A,
Residential Agricultural to M-1, Light Manufacturing.
PROPOSED USE: Industrial.
SIZE: 167.16 total acres.
EXISTING LAND USE: Agricultural.
SURROUNDING LAND USE: Residential, Industrial, Agricultural.
WATERSHED REGULATIONS: The subject parcels are not located within a
Watershed.
TRAFFIC: This stretch of Highway 90 had an average daily traffic count of 6,700
vehicles in 2003 with a carrying capacity of 10,500 vehicles per day.
ZONING HISTORY: The subject parcels have been zoned RA since county -wide
zoning took effect in 1990.
STAFF COMMENTS: The applicants are requesting a rezoning of this property from
R -A to M-1; this request is compatible with the County's Land Use Plan and is
thereby supportive of the County's goal of industrial development. Therefore, staff
recommends in favor of this request.
PLANNING BOARD ACTION: On October 5, 2005, the Planning Board
recommended approval of this request by a vote of 9-0.
Jeff McKay, the Director of the Greater Statesville Development Corporation,
encouraged the board members to approve rezoning due to the site being conducive for
industrial development.
No one else desired to speak, and Chairman Tice adjourned the hearing.
MOTION by Commissioner Williams to grant the rezoning request of Case No.
0510-2/Doris G. West, et. al., from Residential Agricultural to M-1, Light Manufacturing.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing, and invited all persons
desiring to speak in regards to Case No. 0510-3, and the conditional uses, to come forward
for the administering of the oaths.
Case No. 0510-3: Iredell County Board of Education Requests for Property to be
Rezoned From Residential Agricultural to Community Business Conditional Use
District: Planning Supervisor Steve Warren reviewed the staff report for this case, a copy of
which is as follows:
OWNER: Iredell County Board of Education APPLICANT: Rob Jackson,
P.O. Box 911 Iredell-Statesville Schools
Statesville, NC 28677
LOCATION: 2290 Salisbury Highway (former Wayside School), in Statesville, NC,
more specifically identified as PIN# 4763-04-7670.
REQUESTED ACTION AND CONDITIONS: Rezone subject property from RA,
Residential Agricultural Zoning District to CB -CUD, Community Business
Conditional -Use Zoning District with the following conditions:
• Limit permitted recreational uses of subject property to "Associations or
organizations; social & fraternal" and "Auditorium, assembly hall; indoor theaters"
only.
• Limit permitted commercial uses of the property to business and professional offices
only, completely excluding all personal -service and retail operations.
• Limit permitted educational and institutional uses of the property, completely
excluding the following: ambulance services; cemeteries; churches, synagogues, and
other associated activities; hospitals; libraries; and post offices.
PROPOSED USE: Administrative offices & facilities for NC Support Services, a for-
profit company specializing in the needs of disabled individuals.
SIZE: 9.277 acres.
EXISTING LAND USE: Former school building, currently unoccupied.
SURROUNDING LAND USE: Residential and Industrial.
WATERSHED REGULATIONS: The property is not located within a Watershed.
TRAFFIC: NCDOT is in process of making improvements to this stretch of highway
70. This involves widening the roadway to 5 lanes from the City of Statesville's
eastern boundary to Bethesda Road; according to the local DOT office, the right-of-
way through the school area will remain the same except for a small portion of the
northeast corner of the property. The widening project is scheduled for completion in
July 2007.
ZONING HISTORY: The property has been zoned RA since county -wide zoning
took effect in 1990.
STAFF COMMENTS: The owner -applicant is seeking rezoning of the former
Wayside School property from RA to CB -CUD. The Highway 70 East Corridor
Land -Use Plan proposed maintaining this property in a Public & Institutional
capacity. The Plan further states that "The former Wayside School building may be
sold for a use not permitted in the RA district. It is important that if rezoning is
required for the future use of this site that the rezoning be in the conditional use
format in order to ensure compatibility with the surrounding residential area." The
district and restrictions proposed are in keeping with the principles of the Highway 70
East Land -Use Plan. Such conditions help the property blend with the residential
character of the area located on the southern side of Highway 70. Therefore, staff
recommends in favor of the request.
PLANNING BOARD ACTION: On October 5, 2005 the Planning Board voted to
recommend approval by a vote of 8-1 with a rewording of the following conditions to
which the applicant agreed:
• Permitted recreational uses will be limited to "associations or organizations; social
& fraternal' and "auditorium, assembly hall; indoor theatres" only.
• Permitted commercial uses with the exception of personal service and retail
operations.
Permitted educational and institutional, excluding the following: ambulance
services, cemeteries, churches, synagogues, and other associated activities;
hospitals, libraries, and post offices.
Steve Issak (proponent), a resident of Island Ford Road in Statesville, NC, said he
understood some people were concerned about the possibility of the property being used to
assist developmentally disabled people. He said the residential properties near the site were
on a major thoroughfare, and there was a cement company across the street. Issak said there
were only about a dozen homes in the immediate vicinity, and roadway access to the former
school site didn't require entering into the residential area. Mr. Issak said there seemed to be
safety concerns by the residents, but there were no published reports on the correlation
between community safety and the developmentally disabled. He said there were published
reports; however, on behalf of developmentally disabled individuals and their risk of being
taken advantage of or being exploited. Mr. Issak said that due to the lack of mental health
funding, it was important for communities to do as much as they could for individuals
requiring assistance, especially the developmentally disadvantaged. He encouraged the board
to approve the rezoning because the intended usage appeared to be a "good fit" for the former
school site.
Edward Crew (opponent), an adjoining property owner, said he wanted to talk about
the residents living behind the school. He said the former school property owners did not have
access to the highway without accessing Old Warren Drive. Mr. Crew said he was
representing Mrs. Mary Warren, Randy and Mona James, Mrs. Walker and her son Phil, along
with Greg and Stacy Mason. He said their property was behind the school in a private setting,
and they weren't so much against the development, as they were against the total development
of such a large acreage. Crew said at the planning board meeting, it was stated the North
Carolina Support Services intended to use the facility. He said now, it had been divulged that
Kent Development, owner of the site, intended to use it for 7 to 15 clients who might be
referred from Crossroads Behavioral Healthcare. Mr. Crew asked why such a large facility
was needed for 7 to 15 clients. He said that if the request were for a one -acre tract and a small
building there wouldn't be any concerns. Mr. Crew said the residents were concerned the
intended use would (1) degrade their property values (2) increase traffic and (3) they had
concerns about Crossroads, which was supported by tax dollars, referring clients to a for-
profit organization. Crew said he had heard the owners intended to lease the auditorium and
gymnasium areas, and this also concerned the residents. In addition, Mr. Crew said
demolition was occurring at the site, along with the removal of trees and shrubs, and a check
with the county's inspections department revealed that no permit had been issued. Crew said
door and window casings along with the had been removed, and it was presumptuous on the
owner's part to feel the rezoning would be approved. Mr. Crew said a better fit for the site
would be a new fire department or even a new school facility. He encouraged the board
members not to approve the rezoning until it was fully revealed how the usages would impact
the residents' property, their security, the future development in the area, and the needs of the
county and the school system.
Larry Craven (proponent) said Kent Development was the purchaser of the property,
and it owned North Carolina Support Services, his employer. He said Support Services would
lease approximately 1,700 sq. ft. of space (office for receptionist and two classrooms).
Craven said Kent Development, investment wise, planned to find the highest and best use of
the property, and the other spaces in the building were being prepared for leases to other
businesses.
Commissioner Williams asked if Support Services contracted with Crossroads.
Craven said yes, since 2003. He said Support Services was based in Salisbury, and
there were no contracts with Piedmont, the local mental health managing entity in Rowan
County. He said this was primarily why they were relocating to Statesville.
Commissioner Johnson referred to the planning board minutes that indicated Mr.
Craven had said there were no plans for residential uses, but they didn't want to eliminate that
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option in the future. Johnson said there was even dialogue about a nursing home style
facility, but there were never any specific or definitive plans mentioned.
Craven said that as far as the existing four buildings, there were no plans to convert
them into any type of residential use. Mr. Craven said, "With the extra acreage, when I made
the comment that I would not rule out something such as a nursing home, or something
similar, there would have to be totally new construction somewhere within the property." He
said as far as converting the existing building, carpet was being removed with the idea of
leasing space to other agencies, but no type of retail would be allowed that would create
increased traffic. Mr. Craven said Support Services might try to lease more space in the
future for case management.
Commissioner Williams asked if the other agencies, that might be leasing space,
would be in mental health services.
Craven said this was a goal, and discussions had occurred with one company in
Gaston County that did case management. He said that in regards to the usage of the
gymnasium, he wasn't aware of anyone who might be interested. Craven said one individual,
who sold boats, had inquired about office space, but there wouldn't be any display.
Commissioner Johnson said the folks in opposition were not being unreasonable in
their concerns, and he would feel better if a site plan had been presented.
Craven said there were no goals, at the present, for any type construction. He said the
plan was to lease space to other agencies with no retail.
Commissioner Williams said a previous speaker had indicated that all egress would be
off Hwy. 70. He asked if this were correct.
Craven said yes. He said there were two entryways - - an east and a west entrance.
Commissioner Williams asked for clarification on how the company would enter onto
Hwy. 70.
Craven said his company would have no reason to enter Hwy. 70 from the residential
area. He said, however, the side entrance would be used when driving to the gym. He said
there was a circle drive before the gravel road that proceeded into the residential area. In
regards to landscaping, he said some trees and scrubs had been removed in front of the
building to provide additional parking.
Ed Crew again spoke and said there were only two entryways into the school, and one
was Old Warren Drive that transgressed towards the residential area. He said at the planning
board meeting, "they" indicated they would use Old Warren Drive. Crew said that on the
other end (east side), the state department of transportation was taking the corner out, and it
was his understanding a new egress/ingress was going to be constructed. Mr. Crew said he
felt there was a difference between Mr. Craven's interpretation and the developer's intentions.
Carol Armstrong (proponent)- said he had property adjoining the school site on the
eastside. He said it was his understanding the building would be called the Wayside
Executive Park, and he had no objections to the proposed use.
No one else desired to speak, and Chairman Tice adjourned the hearing.
Commissioner Robertson asked if there was a way to allow the company to proceed
with the existing building, but not the other areas until a specific site plan had been presented.
Commissioner Williams said it appeared to him the basic concern was about the
roadway entering into the residential area. He said that perhaps something could be worked
out stipulating no egress/ingress, or that maybe a fence might be built.
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Commissioner Johnson said one reason why the new Third Creek School was built at
its location was due to Wayside having buses in an industrial park area. He said regardless of
what was placed at the former school site, traffic would be an issue. Johnson said he would
feel more comfortable if the intent of the developer were known. He said assisting the
developmentally disabled was a noble cause, but living peaceably, paying taxes, and going
about one's daily affairs was a noble occupation too.
MOTION by Commissioner Johnson to deny the request.
VOTING: Ayes —4; Nays — 1 (Williams).
Additional discussion then occurred, and the question was raised as to how long the
owner would have to wait to make another rezoning request.
Planning Supervisor Warren said the zoning ordinance stipulated, "No proposal to
amend or change any conditional use permit shall be considered within twelve (12) months of
the date of the original authorization of such permit or within twelve (12) months of hearing
of any previous proposal to amend or change any such permit." (Zoning Ordinance Section 17.5.)
Commissioner Robertson asked if the applicant would be removed from the 12 -month
window if the conditions were changed.
Attorney Pope said no.
Commissioner Johnson said the board's Rules of Procedure allowed anyone on the
prevailing side of the vote to bring the matter up again.
Planning Supervisor Warren said one other option would be for the owner to come
back before the board and ask for a totally different zoning district, for example, community
business, with a totally different set of conditions.
Attorney Pope said he didn't think the owner had that option. He said that if the board
was inclined to reconsider the request the following options were available:
1. Continue the matter until additional information was presented.
2. Further impose conditions on the property (with the applicant's consent), for
example, no additional structures would be built, or no structures within 200 feet
of the boundary, or only a certain access could be used, or any other conditions.
OTION by Commissioner Robertson to reconsider the action taken on Case No.
0510-3/Iredell County Board of Education.
VOTING: Ayes — 3; Nays — 2 (Norman and Johnson).
MOTIO by Commissioner Robertson to refer the case to the planning staff to
consult with the applicant in regards to the preparation of more "stringent and more definite"
conditions.
VOTING: Ayes — 5; Nays — 0.
Commissioner Johnson encouraged the parties on both sides to talk with the
commissioners and share any concerns. He said the adjoining property owners needed to
have some specific answers on how the property would be used.
Commissioner Robertson said discussions between the adjoining property owners and
the owner would be helpful. He said it was the intent of the commissioners to do something
with the property and eliminate a vacant school building on Hwy. 70. Robertson said he felt
the proposed usage was much better than a convenience store or something similar. He
encouraged the residents to not leave the decision making to the staff, and to offer input.
Chairman Tice declared the meeting to be in a public hearing.
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Case No. 0510-4: Valorie S. Byrd requests an Amendment to the Iredell County
Land Use Plan and a Rezoning from Residential Agricultural to General Business
Conditional Use District (Location: 138 Magnolia Hill Lane, Statesville, NC): Deputy
County Manager Blumenstein announced that earlier today, Kenneth Lee Byrd, the agent for
Valorie S. Byrd (property owner in this case) had submitted a letter requesting the
withdrawal of this rezoning request.
No one else spoke, and Chairman Tice adjourned the hearing.
MOTION by Chairman Tice to approve the withdrawal of Case No 0510-4/Valorie S.
Byrd from the agenda docket, as was requested by letter from Kenneth Lee Byrd.
VOTING: Ayes —5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Case No. 0510-5: Page Distributing & WRK, LLC Request an Amendment to the
River Highway/NC 150 Small Area Plan and a Rezoning from Residential Office to
Shopping Center: Planning Supervisor Steve Warren presented the staff report for this case,
a copy of which is as follows:
OWNERS: Page Distributing
P.O. Box 15047
Winston Salem, NC 27113
APPLICANT: Greg Biffle
319 Doolie Road
Mooresville, NC 28117
WRK, LLC
114 Kingsbury Court
Mooresville, NC 28117
AGENT: Bob Haupt
19901 W. Catawba Ave.
Suite 102
Cornelius, NC 28031
LOCATION: River Park Road off Highway 150 in Mooresville, more specifically
identified as a portion of PIN#s 4638-30-7212; 4637-39-4901; 4638-30-4225; and
4637-39-6913. Directions: West on Highway 150 from Mooresville, turn left onto
River Park Road, property on right.
REQUESTED ACTIONS: 1) Rezone portion of subject parcels from R -O,
Residential Office Zoning District to S -C, Shopping Center Zoning District; 2)
Amend Highway 150/River Ilighway Small Area Plan.
PROPOSED USE: Commercial.
SIZE: 1.36 total acres to be rezoned.
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: Commercial and multi -family residential.
WATERSHED REGULATIONS: The subject parcels are located within the WSIV-
Critical Area Watershed.
TRAFFIC: In 2003, this portion of Highway 150 had 34,000 average vehicles per day
with a carrying capacity of 40,000.
ZONING HISTORY: The entire River Park project area was rezoned from RA to
RO-CUD, GB -CUD, and SC in January 1995. The RO-CUD portion was rezoned to
RO in December 1996. After the property owners acquired this series of rezonings,
they submitted a site plan for approval. NCDOT required the project to relocate River
Park Road's originally planned access point onto NC 150. With this alteration and a
subsequent re -dividing of properties within the development, a new road -route and
new parcels were created (i.e. today's map). The zoning classifications were not
immediately redrawn to follow the new property lines. This therefore explains the
current request and the reasons for the "split" properties with respect to the zoning
map.
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STAFF COMMENTS: The current property owners and applicant are seeking to
rezone the relevant portions of the subject parcels in an effort to bring the full land -
area of these parcels into the SC district classification. The applicant is preparing for
a commercial project to include a convenience store and possibly a NASCAR
museum. Because the rezoning would "clean up" the zoning lines within the new
divided parcels, the zoning lines would thus follow River Park Road rather than
splitting the properties. This request also requires an amendment to the Highway 150
Area Plan to bring the subject parcels into a "commercial" designation. Staff
recommends in favor of this request.
PLANNING BOARD ACTION: On October 5, 2005 the Planning Board
recommended approval of this rezoning request and Land -Use Plan amendment by a
vote of 9-0.
No one else desired to speak and Chairman Tice adjourned the hearing.
OTIO by Commissioner Robertson to amend the River Highway/NC 150 Small
Area Plan as it relates to Case No. 0510-5/Page Distributing & WRK, LLC.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Johnson to approve the rezoning request for Case No.
0510-5/Page Distributing & WRK, LLC from Residential Office to Shopping Center.
VOTING: Ayes — 5; Nays — 0.
---------------------------------------------CONSENT
items.
OTION by Commissioner Williams to approve the following 14 consent agenda
VOTING: Ayes —5; Nays — 0.
1. Request for Approval of Policy Changes to the Iredell County Personnel Ordinance:
During the five o'clock meeting, Human Resources Director Carolyn Harris explained
revisions to the county's personnel ordinance. Harris said most of the changes were due to the
adoption of a bi-weekly-pay plan, along with new federal (Fair Labor Standards Act) and state
(retirement) laws. Mrs. Harris provided reasons for the changes, and these, along with the
revisions (shown in bold and italic print) are as follows:
ARTICLE I. ORGANIZATION OF THE PERSONNEL SYSTEM
Section 1. Purpose
REASON: TO FURTHER DEFINE THE PURPOSE OF THE POLICY AND TO
CLARIFY WHAT HAPPENS IF THERE IS A CONFLICT BETWEEN POLICY AND
STATE OR FEDERAL LAWS.
The purpose of this ordinance is to establish a personnel system that will promote a fair and
effective means of employee recruitment and selection, develop and maintain an effective and
responsible work force, and provide the means for removal of unsatisfactory employees.
Policies are also provided in order to further the following goals:
1. To provide a uniform system of personnel administration throughout the County service.
2. To ensure that recruitment, selection, placement, promotion, retention and separation of
County employees are based upon employees' qualifications and fitness, and are in
compliance with the Federal and State laws.
3. To assist managers in the development of sound management practices and procedures,
and to identify and eliminate any employment practice which may result in disparate
treatment.
4. To ensure, protect and clarify the rights and responsibilities of employees.
10
In the event of conflict between these rules and any state or federal Law, the terms and
conditions of that law shall prevail. In the event of the amendment of any ordinance, rule or
law incorporated in this document or upon which these provisions rely, these rules shall be
deemed amended in conformance with those changes.
Section 3. Definitions (listed alphabetically)
REASON FOR CHANGE: TO INCORPORATE LANGUAGE REGARDING STEPS
Pay Plan. A schedule of pay ranges arranged by minimum, mid -point and maximum rates with
steps between the minimum and maximum rates for each class assigned to a salary range.
Section 4. Merit Principle
CHANGE: TO EXPAND ON FAIR TREATMENT IN ALL ASPECTS OF
EMPLOYMENT, INCLUDING TRAINING & ADVANCEMENT AND DEFINE
MERIT.
It is the policy of Iredell County that fair treatment be given to allpersons seeking employment
or currently employed Equal job opportunity for employment, training, and advancement will
be given to all qualified persons without regard to race, religion, color, creed, national origin,
sex, age, political affiliation, or handicapping condition. All personnel actions such as
compensation, benefits, promotions, training, career development, transfers, demotions, etc,
will be administered in a non-discriminatory manner.
�esssvaene�:�arrxse�rnssesreeurns�u�.nre:sc� .. �:ese:es�r+�er�
ARTICLE II. THE CLASSIFICATION PLAN
CHANGE: LANGUAGE ADDED TO EXPAND HOW ALLOCATIONS ARE MADE
TO THE APPROPRIATE CLASS AND GIVES COUNTY MANAGER AUTHORITY
TO CHANGE A JOB TITLE WHEN NEW CLASS IS MORE APPROPRIATE.
Section 2. Allocation of Positions
The county manager shall allocate each position covered by the classification plan to its
appropriate class in the plan. Allocation of positions will be based upon a position analysis.
The analysis is used for evaluating the level of work found in the workforce and grouping
positions with similar kinds of duties on the hasis of major factors such as qualification,
requirements, responsibility, difficulty, and working conditions.
Section 3. Administration of the Position Classification Plan
B. New positions shall be established upon recommendation of the county manager with the
approval of the Board of County Commissioners. The county manager may (1) allocate the
new position to the appropriate class within the existing classification plan or (2) reeemmend
that the Board of County Commissioners amend the position classification plan to establish a
new class to which the new position may be allocated.
C. When the county manager finds that a substantial change has occurred in the nature or level
of duties and responsibilities of an existing position, the county manager shall (1) direct that the
existing class specification be revised (2) reallocate the position to the appropriate class or
grade within the existing classification plan, or (3) recommend that the Board of Count�
Commissioners amend the position classification plan to establish a new class to which the
position may be allocated.
I. ARTICLE III. THE PAY PLAN
Section 1. Adoption
CHANGE: PLANS, BY DATE, WILL BE MAINTAINED TO REFLECT CHANGES
IN STEPS RANGE OR SALARY.
The salary schedule, reflecting both grade level and step, as approved b the Board of fount.,
Commissioners shall be the pay plan for the County. The schedule will be updated when
changes are approved by the Board of County Commissioners and maintained in Human
Resources.
Section 3. Administration of the Pay Plan
CHANGE SPECIFIES TIMEFRAME FOR REVIEWING COUNTY POSITIONS AND
AFFIRMS THE MANAGER'S AUTHORITY TO ACT ON THE STUDY RESULTS
AS FUNDS APPROPRIATED BY THE BOC ARE AVAILABLE.
The pay plan shall be administered in a fair and systematic manner in accordance with work
performed. The pay structure shall be externally competitive, shall maintain proper internal
relationships among all positions based on relative duties and responsibilities, and shall
recognize performance as the basis for pay increases within the established pay plan. To this end,
a study of the County's positions will be conducted annually with all positions being reviewed
at least every four years. If the results show pay inequity for any classification, the county
manager will reallocate the class to the appropriate grade on the existing pay plan within the
budget for reclassifications as approved by the Board of Commissioners. The classification
plan shall meet the requirements of the State Competitive System for local government
employees, while maintaining a county -wide plan.
Section 4. Hiring Rate/Starting Salary
CHANGE CORRECTS LANGUAGE REGARDING STEPS.
Employees will be hired at Step 1- 0 of their assigned salary grade. Appointments above Step 4-
0 may be made by the county manager when deemed necessary in the best interest of the county,
based on such factors as superior qualifications of the applicant, a shortage of qualified
applicants available at the hiring rate, years of experience, or the refusal of qualified applicants
to accept employment at the minimum step.
Section 5. Probationary Step Increase
Upon satisfactory completion of the probationary period, employees hired at or promoted to step
below -1 A 8 or below of the vacant position classification may be given a 9 step increase.
Section 6. Failure to Perform Satisfactorily
CHANGE REDUCES THE PERIOD OF TIME AN EMPLOYEE CAN REMAIN A
PROBATIONARY EMPLOYEE FROM ONE YEAR TO NINE MONTHS.
An employee who fails to satisfactorily perform all the essential functions of his/her position
may be terminated or the probationary period may be extended for up to nine months �.
An employee who has completed a probationary period is expected to perform all the essential
functions of his/her position at a satisfactory level, or be subject to disciplinary action in
accordance with Article VIII of this ordinance.
Section 8. Merit Increases
CHANGE: LANGUAGE ADDED TO SHOW HOW MERITS WILL BE AWARDED
WHEN THE EVALUATION HAS BEEN DELAYED AND TO ENFORCE THE
PRACTICE OF CHANGING THE ANNUAL EVALUATION DATE WHEN AN
EMPLOYEE HAS BEEN PROMOTED. BOTH ARE CURRENT PROCEDURES.
12
D. The effective date of merit increases, when awarded will be the first day of the month
following the anniversary month. When an evaluation has been delayed according to Section 7
or a follow-up review is required, any increase awarded will be effective the first day of the
month following the date of the delayed or follow-up evaluation.
E. The annual performance evaluation will be completed during the employee's anniversary
month of hire unless the employee has received a promotion. Then the evaluation will be
completed during the month in which the promotion becomes effective.
Section 10. Trainee Salaries
CHANGE: CORRECTS LANGUAGE REGARDING STEPS AND CHANGED
WORDING THAT SPECIFIES COUNTY MANGER OR OSP APPROVES ACTIONS.
An applicant hired or employee promoted to a position in a higher class, who does not meet all
the established requirements of the position, shall be appointed with the approval of the county
manager at a pay rate of ene44) 9 steps below the minimum salary. Employees subjeet tR the
State Personnel Act will be designated "trainees" in accordance with rules and regulations
established by the Offie , of Stat., Perq ,. nel All ether county employees will be designated
"trainees" based upon recommendations of the department head with the approval of the county
manager or Office of State Personnel. An employee in a trainee status shall continue to receive
a reduced salary until the department head and the county manager or the Office of State
Personnel determine that the trainee is qualified to assume the full responsibilities of the
position.
Section 11. Pay Rates in Promotion, Demotion, Transfer, and Reclassification
REASON FOR CHANGE: LANGUAGE REGARDING STEPS. WORDING WAS
CHANGED TO MORE CLEARLY DEFINE A DEMOTION AND DOWNWARD
RECLASSIFICATION.
F WAS ADDED TO ALLOW IN -RANGE OR RECLASSIFICATION WHILE
EMPLOYEE IS PERFORMING HIGHER LEVEL DUTIES IN AN ACTING STATUS.
A. When a promotion occurs, the employee's salary shall be increased at least one 9 steps or
to the minimum rate of the salary range assigned to the class to which he or she is
promoted, whichever is greater. The county manager may approve a higher increase
when deemed necessary in the best interest of the county, based on such factors as
superior qualifications of the employee and the amount of extra responsibility assumed.
B.
salary falls above the maximum of the range for the lower class, the employee's salary
11vill rei�Aai4i the same until general seliedule adjustments or rmge revisions bring it bael-
within the lewer range. If an employee is demoted for cause, the employee's salary may
be left the same er reduced to any step in the lower salary range, as long as the reduced
salary does not fall below the minimum salary rate of that range.
D. When a reclassification occurs and an employee's position is reclassified to a class having
a higher salary range, the employee's salary shall be increased to the minimum step of the
new pay range, or adjusted ene 9 steps upward, provided that the adjusted salary does not
exceed the maximum of the assigned salary range.
When a reclassification occurs and an employee's position is reclassified to a class
having a lower salary range and the employee's current salary falls above the
maximum of the range of 'the lower class, the employee's salary will remain the same
until general schedule adjustments or range revisions bring it back within the lower
range.
13
E. Employees hired in a "work against" status will not receive an increase when reclassified
to the higher salary grade if the present salary is at or above Step 2 9 of the higher salary
schedule.
F. Employees in an Acting Status may receive an in -range increase while performing
duties assigned to a position of a higher pay grade, or may be reclassified to the higher
pay grade while in Acting Status. The amount of the increase will be 9 to 18 Steps,
depending on the degree of higher responsibility as determined by the department head
and approved by the county manager.
Section 12. Pay Rates in Salary Range Revisions
CHANGE: Number of Steps per current system
If the Board of County Commissioners approves a change in salary range for a class of positions,
the salaries of employees whose positions are allocated to that class shall be affected as follows:
A. When a class of positions is assigned to a higher pay range, employees in that class may
receive a 9 one step pay increase or an increase to the minimum step of the new range,
whichever is higher.
Section 14. Overtime
CHANGE: LANGUAGE ADDED TO MORE CLEARLY DEFINE HOW OVERTIME
IS PAID AND HOW WE COMPLY WITH 2004 AMENDMENTS TO FLSA. THIS
SECTION WAS REVIEWED BY OUR LABOR ATTORNEY.
# 6 LIMITS THE MAXIMUM ACCUMULATION OF COMPENSATORY HOURS
TO REDUCE THE COUNTY'S LIABILITY FOR PAYING OUT HOURS SHOULD
THE EMPLOYEE LEAVE EMPLOYMENT BEFORE USING THE COMP HOURS.
#14 ALLOWS EXEMPT EMPLOYEES TO BE PAID WHEN REQUIRED TO
WORK OVERTIME DUE TO A DISASTER OR EMERGENCY.
The County abides by all applicable sections of the Fair Labor Standards Act (FLSA) and the
FLSA Amendments of 1986. When possible, department heads and supervisors are
expected to arrange and control the work schedules in their units so that required work will be
accomplished without necessitating the use of overtime work as defined by the FLSA-as
amended. When overtime is required, department heads shall ensure that all applicable
overtime accrued for each covered employee is properly recorded.
Employees are expected to work during all assigned periods exclusive of meal times.
However, they shall not perform work during any time that they are not scheduled to
work, unless they receive prior approval from their immediate supervisor, except in
cases of emergency........
It is the policy of the county, in agreement with its employees, that employees receive
compensatory time off rather than pay. However, the County Manager may approve pay
to employees for overtime work when it is not feasible to permit compensatory time off.
EMS and Youth Home employees may be paid for overtime tinder the fluctuating
,laveekg,.r..,a,.l,
3. Employees of EMS who work a 24-hour shift will be paid for overtime at the half-time
rate for hours worked over 40 in a 7 -day work period as established by the fluctuating
workweek schedule under the FLSA.
4. Section 7(k) of the FLSA provides partial overtime exemption for public employees
who are engaged in law enforcement activities for up to 28 -consecutive work periods.
Law enforcement employees will be paid overtime for hours worked over 86 in a 14 -
day work period.
14
5. ECOM and other employees who work 12 -hour shifts and are not eligible for the
special exception under Section 7(k) of the FLSA will be paid overtime or receive
compensatory time -off for hours worked over 40 in a 7 -day work period
6. Non-exempt employees, who work in public safety activities, emergency response
activities, or seasonal activities, may accrue not more than 44@ 100 hours of
compensatory time. All other non-exempt employees may accrue not more than 240 75
hours of compensatory time for overtime hours worked.
14. The county manager may authorize overtime pay for non-exempt and exempt
employees who are needed to protect the health and/or safety of employees or the citizens of
the county in times of disasters or emergency.
Section 15. Payroll Deductions
CHANGE: SECTION II ADDED DUE TO THE 2004 ADMENDMENTS TO THE
FLSA. DEFINES WHEN DEDUCTIONS IN PAY CAN BE MADE AND PROVIDES A
PROCEDURE FOR CORRECTING DEDUCTIONS MADE IN ERROR.
THIS SECTION WAS REVIWED BY OUR LABOR ATTORNEY.
I. Payroll Deductions Only payroll deductions specifically mandated or authorized by
Federal, State and/or county officials may be deducted. Other deductions may be made with
the approval of the Finance Officer if requested and authorized by the employee.
IL Pay Deductions
A. Non-exempt employees. Pay will be reduced for all hours the employee is
scheduled to work but does not in a workweek if.
1. The employee does not have accumulated vacation, sick or compensatory
leave to cover the absence.
2. The employee has been approved for leave without pay.
3. The employee is on FMLA and the reason does not qualify for the use of sick
leave under the county's sick leave policy or the reason does qualify for the
use of sick leave but it has been exhausted, and the employee opts not to use
accumulated vacation leave.
4. Disciplinary deductions are imposed for Unacceptable Job Performance and
Unacceptable Conduct as stated in the county's policies.
B. Exempt Employees. Subject to certain exceptions required or permitted bylaw,
exempt employees will receive their full salary for any workweek in which they
perform any work without regard to the number of days or hours worked.
Deductions from vacation or sick leave balances for hours or days missed during
the workweek is not an improper deduction under FLSA. Deductions in pay
may be made from the salaries of exempt employees under the following
circumstances.
1. Deductions for less than a day when taken as intermittent or reduced leave
within a workweek when FML is taken.
2. Deductions in pay for a full day absence maybe made in any workweek if
a. The employee is absent for personal reasons and does not have
accumulated vacation leave to cover the day.
b. The employee requests and is approved for LWOP for personal
reasons.
c. The employee is receiving workers compensation benefits.
d. The reduction is for disciplinary reasons due to infraction of major
safety rules of major significance.
e. The reduction is for disciplinary reasons due to serious violations of
the County's anti -harassment policy or unacceptable conduct
policies, such as abuse of clients, patients, students, or a person over
whom an employee has charge or responsibility, abuse of'an animal
owned or in the custody of the agency, falsification of any kind,
possession of unauthorized firearms or other lethal weapons on the
15
job, workplace violence, or being under the influence or the use of
alcoholic beverages or controlled substances while at work or
performing work for the County.
f. The employee works some of the workweek and spends the remainder
of the workweek on temporary military leave — short-term training
periods for reservists or members of the National Guard. The
amount of military pay the employee receives may be used to offset
the salaryfor that particular workweek.
If an exempt employee believes an improper deduction has been made from his/her salary,
the following procedure should be followed:
1. Notify your immediate supervisor or human resources of the deduction and reason
you believe it was made in error.
2. Pay and other records necessary to determine if the deduction was improper will be
reviewed.
3. If it is determined that the deduction was improper, the County will reimburse the
employee as promptly as possible, but in no case longer than two pay periods from
the identification of the problem.
4. The resolution of the situation will be documented, including confirmation on the
part of the employee that the situation has been resolved, and placed with the
employee's pay records.
5. The county will take appropriate steps to identify the cause of the improper
deduction and prevent a recurrence in the future.
Section 16. Payroll Procedure
CHANGE: REVISES LANGUAGE TO REFLECT CURRENT METHOD OF PAY.
All employees shall be paid on a monthly bi-weekly basis on the last calendar day of the
meat h every other Friday. if payday falls , ., Saturday, Sunday, r helida employees will
be paid on two last w ,.long day bete fe the .
ery .,., If payday falls on a holiday,
employees will be paid on the payday/holiday if the Federal Reserve is open. Should the
Federal Reserve be closed, employees will be paid on the Thursday prior to the holiday.
ARTICLE IV. RECRUITMENT AND SELECTION
Section 1. Statement of Equal Employment Opportunity
CHANGE: REVISION PUTS MORE EMPHASIS ON FAIR TREATMENT IN
RECRUITMENT AND HIRING.
It is the policy of the county to maintain a systematic, consistent recruitment program, to
promote equal employment opportunities, and to identify and attract the most qualified
applicants for employment with the county. This commitment includes a mandate to
promote and afford fair treatment to all persons seeking employment or currently employed
to assure equal employment opportunity based on ability and fitness regardless of race,
religion, color, creed, national origin, sex, age, political affiliation, or handicapping condition.
This policy is to be achieved by announcing all position vacancies, evaluating all applicants
using the same job-related criteria, and by applying testing methods (when applicable)
through the local Employment Security Commission office.
regard to race, sm, religion, 0olor, national origin, age, or- non disqualifying
Section 2. Recruitment
CHANGE: EXPANDS RESPONSIBILITY REGARDING PROCEDURES AND
ASSISTING DEPARTMENTS WITH EEOC REQUIREMENTS.
Responsibility of the Human Resources Director
16
The human resources director is responsible for an active recruitment program to meet current
and projected manpower needs, using procedures that will assure equal employment
opportunities based on job-related requirements. The director will advise and assist staff and
management personnel in all matters regarding implementation of and compliance with the
County's Equal Employment Opportunity Policy, and will have the responsibility to
examine existing internal policies and procedures which may serve as barriers to
implementing the Policy. Recruitment efforts of the Human Resources
Department and all county departments will be coordinated in a timely manner.
Section 3. Position Vacancy Announcements
CHANGE: TO CLARIFY BASIC QUALIFICATIONS AND EXPECTATION FOR
A REVIEW OF THE VACANT POSITION BEFORE ADVERTISING.
The county will conduct a program of open recruitment in all positions to permit fair
competition. All position vacancy announcements shall be posted for a minimum of seven (7)
working days at (44 the County oe Human Resources and (2) may be listed
with the local office of the Employment Security Commission. Optional recruiting publicity
shall be carried out through the media, as appropriate. Formal position vacancy
announcements shall contain, at a minimum, (1) the title, grade, and location of the position;
(2) the closing date of the announcement; (3) a summary of the basie MINIMUM
qualifications AND EXPERIENCE required for the position; (4) a summary of the essential
functions of the position; (5) the procedures for making application; and (6) a statement of
equal employment opportunity. The posting period will be sufficient to ensure all personnel
and interested persons have a chance to see the announcement and to apply; but will be no
less than seven (7) working days.
Before a vacancy announcement is posted, the department head may review the job
description and inform the human resources director of any changes in job duties or
requirements.
Section 6. Qualification Standards
CHANGE: ADDED LANGUAGE TO EXPANDED ON BASIS OF MERIT
B. All appointments shall be made on the basis of merit based upon the.job-related
qualifications of applicants for employment using fair and valid selection criteria.
Section 9. Probationary Period of Employment
CHANGE: REDUCES THE PROBATION PERIOD FROM ONE YEAR TO NINE
MONTHS AND DISTINGUISHES BETWEEN INITIAL PROBATIONARY PERIOD
AND PROBATION FOLLOWING A PROMOTION.
An employee appointed or --promoted to an established position shall serve a probationary
period of not less than six months nor more than nine months. (Law enforcement
officers are required to serve a one-year probationary period). The probationary period is
designed to give the employee time to learn the position and to give the supervisor time to
evaluate the employee's potential and performance. During the initial probationary period,
the County may terminate the probationary employee's service on the basis of
unsatisfactoryperformance or on the basis of any other non-discriminatory reason deemed
sufficient by the County.
An employee who is promoted after serving the initial probationary period will be expected
to meet all the job requirements of the new position within six months of the promotion. If
the promoted employee fails to meet the standards within the six-month period, he/she
serving a probationary period folio may be demoted or transferred as
17
provided in Section 11 of this Article if a position is vacant. If a position is not vacant, the
employee may be dismissed as provided in Article VIII.
Before the completion of the probationary period or review period following promotion,
department heads must complete a performance appraisal that indicates whether the
employee's performance is satisfactory and if they will be retained in the position.
Under unusual circumstances, the probationary period may be extended for up to Six three
additional months. This is only after an evaluation of the situation, the employee's abilities,
and demonstrated potential.
Section 10. Promotion
CHANGE: LANGUAGE ADDED TO SPECIFY CRITERIA THAT WILL BE USED
IN DETERMINING THE MOST QUALIFIED CANDIDATE FOR PROMOTION.
SPECIFIES THAT AN EMPLOYEE WILL HAVE SUCESSFULLY COMPLETED
THE INITIAL PROBATIONARY PERIOD BEFORE BEING CONSIDERED FOR
PROMOTION EXCEPT UNDER UNUSUAL CIRCIMSTANCES.
A candidate for promotion shall be chosen on the basis of his/her overall qualifications for the
position in question with the most qualified applicant or employee receiving the promotion.
Vacancies in positions shall be filled as far as practicable by the promotions of employees in the
service of the county. The past work record, education, knowledge of the job duties and time
the employee has with the County will be considerations in determining the most qualified
candidate for a promotion. Except in unusual circumstances, an employee will have
completed the initial probation period before being considered, for a promotion.
ARTICLE V. CONDITIONS OF EMPLOYMENT
Section 1. Work Week Period and Work Week
REASON FOR CHANGE: ADDITIONAL LANGUAGE TO SPECIFY WORK HOURS
AND ATTENDANCE EXPECTATIONS AND CONSEQUENCES.
PROVIDES AN OPPORTUNITY TO PROVIDE ALTERNATIVE WORK
SCHEDULES WHEN IN THE BEST INTEREST OF THE COUNTY.
A. The standard work period for employees not eligible for the special exception under
Section 207(k) of the FLSA will consist of seven consecutive days as established by the
county manager. For employees who are eligible for the special exception under Section
207(k) of the FLSA, a standard work period of not less than seven days nor more than
twenty-eight consecutive days shall be established by the county manager consistent
with the requirements of the FLSA and are subject to overtime provisions set forth in
Article I1I, Section 14. aeviscd UJ/97
B. The normal working hours for employees are from 8:00 am to 5:00 pm with one hour
unpaid lunch period
C. Alternative work options such as compressed workweek, job sharing, or flex hours
may be considered when shown to be in the best interest of the County. When
occasions arise where the service to the citizens can be improved through adjustment
of an employee's work hours, prior approval must be obtained from the county
manager before a department head can make adjustments to work hours of an
employee. Individual requests for adjustments to work hours by an employee for
personal reasons must be evaluated by the department head to determine the effect on
the workload of the department and service to the citizens. The department head must
obtain prior approval from the county manager before granting such adjustments.
D. Part-time employees may be assigned hours that vary from the normal office hours
due to the nature of their work and hours of operations of the department
18
E. Punctual and consistent attendance is a condition of employment. Each department
head is responsible for maintaining an accurate attendance record of employees.
F. Employees who are unable to work or report to work on time should notify their
supervisor as soon as possible before the workday begins, but no later than 15 minutes
after the employee's usual starting time
G. An employee who is absent without authorization or notification or who is frequently
tardy is subject to disciplinary action, up to and including termination.
Section 4. Unlawful Workplace Harassment
CHANGE: POLICY CHANGED TO INCLUDE ALL TYPES OF HARASSMENT
AND PROVIDES COMPLAINT PROCEDURES. REVIEWED BY LABOR
ATTORNEY
Purpose. It is the policy of Iredell County that unlawful workplace harassment will not be
tolerated. All employees are prohibited from engaging in the harassment of any other
employee or other person in the course of or in connection with employment. The desired
standard for County employees' behavior is one of cooperation and respect for each other,
despite any differences. This policyprohibits retaliation against employees.
Definitions:
Unlawful workplace harassment is unwelcome or unsolicited speech or conduct based upon
one's race, sex, creed, religion, national origin, age, color, or handicapping condition that
creates a hostile work environment or quid pro quo.
Hostile work environment is one that both a reasonable person would find hostile or
abusive and one that the particular person who is the object of the harassment perceives to
be hostile or abusive. Hostile work environment is determined by looking at all of the
circumstances, including the frequency of the allegedly harassing conduct, its severity,
whether it is physically threatening or humiliating, and whether it unreasonably interferes
with any employee's work performance.
Quid pro quo harassment consists of unwelcome sexual
advances, requests for sexual favors and other verbal or physical advances of a sexual nature
when (1) such conduct is made either explicitly or implicitly a term or condition of an
individual's employment,(2) submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such individual.
Retaliation is adverse treatment which occurs because of opposition to unlawful workplace
harassment
Procedure:
I. In any case which the supervisor is witness to or confronted with a situation of
harassment, the supervisor will immediately notify the offending party that harassment
is not appropriate and will not be tolerated. Ultimate disciplinary action will await
completion of the reporting procedure.
2. Any employee who believes he or she is being subjected to any harassment should
submit a written complaint to the
the; vwfflplaimt supervisor, department head or personnel director within
30 calendar days of the alleged harassing action.
and
3. The official receiving the complaint must conduct a thorough and confidential
investigation and provide a written report of findings and recommendations to the
County Manager within 30 calendar days from receipt of written complaint.
4. The grievant will be provided a written response of what action, if any, will result from
the complaint within 15 calendar days from the date the report of findings was
submitted to the County Manager.
19
5. Either the grievant or offender may appeal the decision to the Personnel Advisory
Board within 5 working days from receipt of the decision.
6. An employee who harasses another employee, client, applicant for employment, or
member of the public will be subject to the full range of disciplinary action, including
dismissal.
7. Harassment does not include the conduct or actions of supervisors intended to provide
employee discipline such as deficiency notices, performance evaluations, oral warnings,
reprimands or other supervisory actions intended to promote positive performance.
Section 7. Travel Expense and Reimbursement
CHANGE: LANGUAGE ADDED TO SPECIFY WHEN REIMBURSEMENT WILL
NOT BE MADE AND CLARIFY WHEN OVERNIGHT TRAVEL MUST BE
APPROVED BY THE COUNTY MANAGER.
B. Travel on official business must be authorized by the department head, and there must
be funds remaining in the travel budget to cover the estimated cost. with approval by
the eounty manager for any a. might t ave A written request for travel must describe
the travel requested, the purpose of the proposed trip, and the period of time away from
the county.
C. County employees and officials traveling away from the county on official business will
be reimbursed for mileage (when using their own vehicle), lodging, meals, and expenses
as established by the Board of County Commissioners. The county manager must pre -
approve reimbursement for lodging when the travel distance is less than 80 miles each
way.
E Nothing shall be charged, paid, or reimbursed, for snacks, tobacco products,
alcoholic beverages, clothing, medicine or personal care items. Nor, movies or
other recreational fees, or travel between the conference site and recreational side
trips.
F. Nothing shall be reimbursed for costs ineurred for family members.
ARTICLE VI. HOLIDAYS AND LEAVE
Section 1. Paid Holidays Observed
CHANGE: DELETE PORTION THAT COULD BE TAKEN LITERALLY THAT
HOLIDAY HOURS ARE COUNTED AS WORKED HOURS AND TO CLARIFY
HOLIDAY HOURS FOR PT EMPLOYEES ARE PRO -RATED.
The following holidays, and such others as the Board of County Commissioners may
designate, shall be observed by county offices:
Part-time employees who are eligible for benefits and are normally scheduled to work on the
day on which the holiday falls, shall receive the holiday with pro -rated holiday pay.
Section 3. Holidays - When Work is Required
CHANGE: INCREASES TIME EMPLOYEE HAS TO TAKE TIME OFF.
Employees required to perform work on regularly scheduled holidays may be granted
compensatory time off at the rate of one hour off for each hour worked on a holiday.
Compensatory time for holiday work shall be granted within three (3) six (6) months from
the time it is earned.
20
Section 5. Annual Leave
CHANGE: LANGUAGE TO CONFORM WITH CHANGE TO BI -WEEKLY
PAYROLL AND SHOW VACATION ACCRUAL UNDER THAT SYSTEM.
SECTION E CHANGES THE DATE FOR THE CARRY OVER OF MAXIMUM
VACATION ACCUMULATION FROM DECEMBER 31 TO THE PAYROLL
PERIOD THAT INCLUDES DECEMBER 31.
B. Each regular salaried employee occupying an established budgeted position shall earn
annual leave each payroll period
an a manthly basis
in accordance with the following
schedule of total service:
Number Hours
Earned Per
Pay Period
Years Worked
40 Hour Wk
42 Hour Wk
56 Hour Wk
Less than 2
3.0785
3.2308
4.3062
2 but less than 5
3.6923
3.8769
5.1692
5 but less than 10
4.6154
4.8462
6.4615
10 but less than 15
5.5385
5.8154
7.7538
15 but less than 20
6.4615
6.7846
9.0462
20 or more
7.3846
7.7538
10.3385
D. Employees must be in pay status
for at least half
the rnentk payroll period to earn
leave credits.
E. Annual leave may be accumulated without any applicable maximum until the payroll
period that includes December 31 of each calendar year. However, if the employee
separates from service, payment for accumulated leave shall not exceed thirty (30) days
or 240 hours. Any employee with more than thirty (30) days or 240 hours of
accumulated leave at the end of the payroll period that includes December 31 on
Deese;, shall have up to 40 hours of the excess accumulation converted to sick
leave. Any additional excess accumulation shall be cancelled so that only thirty (30)
days or 240 hours are carried forward to the next payroll period eale a .
Section 6. Sick Leave
CHANGE SICK LEAVE EARNINGS FROM MONTHLY TO BI -WEEKLY
D. Each regular salaried employee occupying a permanently established budgeted
position (at least half the month) shall earn sick leave each pay period at a rate of 3.6924 on a
manthly basis at the rate of one (1 ` day per ,...',,.,.'..r me " (pro -rated for employees working
fewer or greater hours as established as the basic workweek). Sick leave will be cumulative
for an unlimited number of days. At the time of separation, any sick leave owed the county
shall be deducted from the employee's final compensation
CHANGE: SECTION G — TO COMPLY WITH RETIREMENT SYSTEM CHANGE.
SECTION I — WORDING CHANGED TO CLARIFY SICK LEAVE IS NOT PAID
FOR ANY REASON AN EMPLOYEE LEAVES SERVICE OF THE COUNTY.
G. Sick leave earned monthly is allowed as creditable service at the time of retirement to
employees who are members of the North Carolina Local Government Employees'
Retirement System. One month of credit is allowed for each twenty (20) days of
unused sick leave when an employee retires, and an additional month is credited for
any part of twenty (20) days unused sick leave left over. The m...,:...um .......ber e
sick days that can be added at retirement is twelve (12) days for each year of
I . Employees who retire or resign and are not reinstated with the county within a one -
21
year period shall lose all sick leave credits. No employee shall be paid for any accrued
sick leave if the ,......layee is t .innate at the time of separation from employment.
Section 7A 8. Leave Under the Family and Medical Leave Act
CHANGE: TO CLARIFY WHEN AN EMPLOYEE IS REQUIRED TO USE SICK
LEAVE, WHEN NOTICE OF THE NEED FOR LEAVE IS REQUIRED IN AN
EMERGENCY SITUATION, AND COMBINE INFORMATION REGARDING
COBRA AND CONTINUATION OF HEALTH INSURANCE.
TO CHANGE THE SECTION NUMBER FROM 7A TO 8 AND ALL OTHER
SECTIONS IN ARTICLE VI TO ELIMINATE A OR B.
Pay Status While on Leave
All leaves under this policy will be unpaid for exempt and nonexempt employees, unless
FMLA runs concurrently with paid leave. An employee is required to substitute his/her
accrued sick leave for FMLA leave when the reason for leave is due to the employee's own
serious health condition and/or during the period of temporary disability due to the birth of
a child eligible tinder the County's . iek leave ..ahe an The employee is not required but
may elect to substitute vacation leave for FMLA leave.
Employee Responsibility
An employee must apply in writing to his/her supervisor thirty (30) -days in advance of the
qualifying reason for foreseeable absence/ tardiness under this policy (and timely verify the
reason). If leave is to begin within thirty days, an employee must give notice to his/her
immediate supervisor as soon as the neeessity.for the leave arises, but no less than two (2)
business days of learning of the need for leave.
Benefits While on Leave
If an employee does not return from FMLA leave, COBRA will be triggered when FMLA
leave ceases for any reason. except when extended leave is granted under the Leave Without
Pay section of this policy. Employees may then continue to be covered by the group
hospitalization plan by paying the full cost of individual and dependent premium while on
leave without pay.
Section 9 12. Civil Leave
CHANGE: CLARIFIES POLICY AND DISTINGUISH BETWEEN JOB RELATED
AND NON -JOB RELATED LEAVE. NO CHANGE IN PRACTICE
Non -Job Related Civil Leave
An employee called for jury duty may use civil leave with pay for the period of time required
to be at court and will receive any fees received for jury duty. Employees are expected to
report to work when court duty ends before the end of the regular workday. Additional
time off is not given when jury duty occurs on a day the employee is scheduled off from
work.
An employee subpoenaed to appear as a witness in court or directed by officials to provide
testimony during an official investigation, may use civil leave with pay for the period of
absence required or as a courtwitness for the fiDderal or state government, or a subdivision
thereof-, entitled to a ,. leave with , for the p ed of .,1...,,nee red The employee is
entitled to regular compensation, plus fees received for such duty. >r. eept that Empleyeemust turn over to the count), any witness fees or travel allowances awarded in connection with
affleial duties.
s -
Job Related Civil Leave
IN
The time an employee whose official job duties require attendance in court or at a job
related legal proceeding will be considered work time. The hours attending will be included
in the total hours worked for the week. Employees must turn over to the county any witness
fees or travel allowances awarded in connection with official duties.
Section 40 13. Educational Leave and Reimbursement
CHANGE: REQUIRES THE COMPLETION OF THE INITIAL PROBATION
PERIOD FOR EXTENDED LEAVE AND CLARIFYS WHAT THE EMPLOYEE
MUST SUBMIT TO OBTAIN APPROVAL OF REIMBURSEMENT FOR FEES
ASSOCIATED WITH EDUCATION LEAVE. SEPARATES EXTENDED
EDUCATION LEAVE FROM LEAVE FOR SPECIFIC COURSE.
A. Leave and Reimbursement for Specific Courses
A leave of absence at full pay during regular work hours may be granted to an employee to
take one (1) course at a time which will better equip the employee to perform assigned duties
�. The employee must submit a course outline to the department head so he/she can
determine if the course will better equip the employee to perform assigned duties. A copy of
the course outline and the department head's justification will be submitted to the county
manager for approval.
An employee may receive reimbursement for one (1) course at a time taken outside of
working hours which will better equip the employee to perform assigned duties.
To be eligible for
reimbursement, an outline of the course content must be submitted to the department head.
If the department head determines the course will better equip the employee to perform
assigned duties, he/she will submit a recommendation for approval to the county manager.
If the county manager approves reimbursement for tuition, fees and books for the course
taken outside working hours, such reimbursement will be made
provided the employee submits a
receipt of course expenses and a notice of successful completion (passing grade or better).
B. Extended Leave and Benefits
A leave of absence at full or partial pay for a period not to exceed twelve (12) calendar
months may be granted to an employee who has completed the initial probation period and
is enrolled full-time in an institution of higher learning and pursuing courses which directly
relate to an employee's job. The decision to grant such leave will be based on such factors as
workload, critical nature of employee's job, chances of the employee returning to duty, and
how beneficial the course(s) will be to the current job duties. Such leave must be
recommended by the department head and county manager and approved by the Board of
Commissioners. An employee granted such extended educational leave with pay shall agree to
return to the service of the county upon completion of training and remain in the employ of
the county for a period equal to twice the educational leave received, or the employee shall
reimburse the county for all compensation received while on educational leave. An employee
on educational leave with full pay shall continue to earn sick leave credits and any other
benefits to which county employees are entitled. An employee on educational leave with
partial pay shall earn proportional leave credits. This shall not include vacation leave.
Section 44.14. Worker's Compensation Leave
CHANGE: LIMITS THE USE OF SICK AND VACATION LEAVE TO
SUPPLEMENT WORKER'S COMPENSATION BENEFITS. ALSO ADDS
LANGUAGE THAT TIME WILL BE COUNTED AGAINST FMLA ENTITLEMENT
SECTION 15. LIGHT DUTY PROGRAM ADDED.
An employee absent from duty because of sickness or disability covered by the North
Carolina Worker's Compensation Act may receive Worker's Compensation benefits and elect
to use accumulated v ���sick leave as a supplemental payment for the �°aiffeieflee
bet,ween the fegttlar salary and the payments re ed U ndef the seven day waiting period
under the Worker's Compensation Act if a physician has certified that the employee is
23
unable to perform any duties.
supplemental payment for one day is of a regular day's . If the employee does not have
enough accrued sick leave, vacation leave may be used.
The County may offer light duty work to employees who have been medically approved for
such work as outlined in the Return -to -Work section below. The employee may decline the
light duty and instead choose to exercise his/her FMLA rights. However, workers'
compensation benefits may be suspended under the State Workers' Compensation statutes.
Absence due to an on-the-job injury will be counted against the employee's FMLA leave
entitlement.
Upon reinstatement, an employee's salary will be computed on the basis of the last salary
earned plus any increment or other salary increase to which the employee would have been
entitled during the disability covered by Worker's Compensation.
Temporary employees will be placed in a leave without pay status and will receive all benefits.lor
which they may be adjudged eligible under the Worker's Compensation Act.
Section 15. Return -to -Work Program
The purpose of this program is to return injured employees to a job suitable to their work
restrictions as soon as medically feasible. Early return -to -work and light duty programs
promote a quicker recovery, improve morale, allow injured employees to earn their normal
wages, and help departments maintain their productivity.
A. Any employee with a work-related injury resulting in limitations of light duty will be
eligible for this program.
B. The attending physician will provide clear, written restrictions and approve light
duty work assigned to the employee based on those restrictions.
C. To the extent possible, employees participating in this program will be returned to
their normal department. When limitations prevent light duty work in the normal
department or work within the limitations is not available, the workers
compensation administrator will locate an assignment in a different department that
is compatible with restrictions.
D. Employees in this program will be assigned a temporary supervisor if moved to a
different work unit or department. The employee will be subject to the same work
rules and regulations as any other employee, and will be required to perform work
within the limitations established by the treating physician.
E. Employees participating in this program will receive their normal wage for each
hour worked, and the cost will be charged to the employee's normal work
department.
F. The light duty assignment will be temporary and may be discontinued when:
1. the treating physician returns the employee to full duty,
2. the physician prohibits the employee from participating in a light duty
assignment,
3. the physician indicates the employee has reached maximum medical
improvement and will not be able to return to regular position,
4. there is no longer an appropriate task within the County that would
accommodate the employee's capabilities, or an employee has been on light
dutyfor a period of six months. All light duty cases will receive a thorough
re-evaluation at this point to determine if such duty is to be continued.
ARTICLE VII. EMPLOYEE BENEFITS
Section 5. Death Benefit
24
REASON FOR CHANGE: THE AMOUNT OF DEATH BENEFIT HAS BEEN
CHANGED. THIS REVISION WILL NOT REQUIRE CHANGES WHEN/IF THE
AMOUNT CHANGES AGAIN IN THE FUTURE.
If an employee dies while still in active service with at least one year as a contributing
member of the Retirement System, the employee's beneficiary will receive a lump sum
payment equal to the emplayee's highest t-welve (1-2) months' eanseettfive salal-J, during the
preceding twenty Four (24) months, not to exceed $20, in an amount established by the
Retirement System. This benefit is also paid if the employee dies within 180 days after the
last day for which he or she is paid a salary.
ARTICLE VI. HOLIDAYS AND LEAVE
(shown again in its entirety)
Section 1. Paid Holidays Observed
A. The following holidays, and such others as the Board of County Commissioners may
designate, shall be observed by county offices:
New Year's Day
Martin Luther King Day
Good Friday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas - two or three days (see the following schedule):
When Christmas falls on:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
The County observes:
Friday and Monday
Monday and Tuesday
Monday, Tuesday, Wednesday
Tuesday, Wednesday, Thursday
Wednesday, Thursday, Friday
Thursday and Friday
Friday and Monday
When a holiday other than Christmas falls on a Saturday, the preceding Friday will be
observed as the holiday. When a holiday other than Christmas falls on a Sunday, the
following Monday will be observed as the holiday.
Part-time employees who are eligible for benefits and are normally scheduled to work on the
day on which the holiday falls, shall receive pro -rated holiday pay.
Employees on leave without pay when a holiday occurs are not eligible for holiday pay.
Section 2. Effect of Holidays on Other Types of Paid Leave
Regular holidays that occur during a vacation, sick, or other paid leave period of any officer
or employee of the county shall not be charged as annual, sick or other paid leave.
Section 3. Holidays - When Work is Required
Employees required to perform work on regularly scheduled holidays may be granted
compensatory time off at the rate of one hour off for each hour worked on a holiday.
Is
Compensatory time for holiday work shall be granted within six (6) months from the time it is
earned.
Section 4. Adverse Weather Conditions
County offices and departments shall remain open for the full scheduled workday unless
authorization for early closing or other deviation is received from the county manager's office.
All departments and offices will be given sufficient advance notice of any authorized early
closing. Non -emergency personnel scheduled to work that day may be granted administrative
leave for the period of time offices are closed. However, employees must arrive at work by
the official time offices open and be on the job at the time of any early closing to be eligible
for administrative leave. Employees who leave work before an official early closing time, as
well as those employees who report for work late or do not report for work at all, may elect to
use earned vacation or compensatory leave for all hours missed during the normal work hours,
including the time offices were closed. If an employee does not have earned vacation or
compensatory leave or elects not to use it, the hours missed will be unpaid leave.
Section 5. Annual Leave
Rev 1/1/97
A. Employees serving a probationary period following initial appointment shall not be
permitted to take annual leave during the probationary period unless the denial of such
leave will create an undue hardship. Any annual leave granted during this period shall
have prior approval of the department head. Law enforcement officers shall be
allowed to take accumulated vacation leave after six (6) months of satisfactory service.
B. Each regular salaried employee occupying an established budgeted position shall earn
annual leave each payroll period in accordance with the following schedule of total
service:
G. Annual leave may be accumulated without any applicable maximum until the payroll
period that includes December 31of each calendar year. However, if the employee
separates from service, payment for accumulated leave shall not exceed thirty (30) days
or 240 hours. Any employee with more than thirty (30) days or 240 hours of
accumulated leave at the end of the payroll period that includes December 31, shall
have up to 40 hours of the excess accumulation converted to sick leave. Any additional
excess accumulation shall be cancelled so that only thirty (30) days or 240 hours are
carried forward to the next payroll period.
F. Annual leave shall be taken in increments of 15 minutes and must be approved by the
employee's department head in advance.
G. Any employee who separates in good standing and is reinstated within one year may
receive previous credit time for the purpose of accruing annual leave. The total
months of previous service time will be recognized at the end of the probationary
period.
26
Number Hours
Earned Per
Pay Period
Years Worked
40 Hour Wk
42 Hour Wk
56 Hour Wk
Less than 2
3.0785
3.2308
4.3062
2 but less than 5
3.6923
3.8769
5.1692
5 but less than 10
4.6154
4.8462
6.4615
10 but Less than 15
5.5385
5.8154
7.7538
15 but less than 20
6.4615
6.7846
9.0462
20 or more
7.3846
7.7538
10.3385
C. Vacation leave earned by employees having a workweek with greater
or fewer
hours than the basic workweek shall be pro -rated.
F. Employees must be in pay
status for at least half the
payroll period to earn leave
credits.
G. Annual leave may be accumulated without any applicable maximum until the payroll
period that includes December 31of each calendar year. However, if the employee
separates from service, payment for accumulated leave shall not exceed thirty (30) days
or 240 hours. Any employee with more than thirty (30) days or 240 hours of
accumulated leave at the end of the payroll period that includes December 31, shall
have up to 40 hours of the excess accumulation converted to sick leave. Any additional
excess accumulation shall be cancelled so that only thirty (30) days or 240 hours are
carried forward to the next payroll period.
F. Annual leave shall be taken in increments of 15 minutes and must be approved by the
employee's department head in advance.
G. Any employee who separates in good standing and is reinstated within one year may
receive previous credit time for the purpose of accruing annual leave. The total
months of previous service time will be recognized at the end of the probationary
period.
26
H. An employee who is separated shall be paid for annual leave accumulated to the date
of separation, not to exceed a maximum of thirty (30) days or 240 hours. Any
advanced annual leave owed the county shall be deducted from the employee's final
compensation.
I. The estate of an employee who dies while employed by the county shall be entitled to
payment for all of the accumulated annual leave, not to exceed a maximum of 240
hours.
J. The above -stated leave schedule shall be increased by .6138 for employees hired
prior to the adoption of this policy.
K. A new employee coming directly from a NC state, city or county governmental
agency may receive credit for years of service at that agency for purposes of
determining the vacation accrual rate. To be eligible for the credit, the
governmental agency must certify the number of years the employee had
attained at the time of separation.
Section 6. Sick Leave Rev 1iu97
Sick leave with pay is not a right which an employee may demand but a privilege granted by
the Board of County Commissioners. Sick leave shall be taken in increments of 15 minutes
and must be approved by the supervisor.
A. Employees may be granted sick leave for absence due to the following:
Sickness or bodily injury that prevents the employee from performing his or
her regular duties.
2. Medical or dental appointments.
3. The actual period of temporary disability caused by or contributed to by
pregnancy, miscarriage, childbirth, and recovery therefrom.
4. Exposure to a contagious disease when continuing work might jeopardize the
health of others.
5. Death in the employee's immediate family, not to exceed three (3) days for any
one occurrence. Additional leave time, under exceptional circumstances, may
be authorized by the department head. (Immediate family is deemed to include
spouse, mother, father, guardian, children, brother, sister, grandparent,
grandchild, plus various combinations of half, step, in-law and adopted
relationships that can be derived from those named.)
6. To supplement Worker's Compensation Insurance as provided in Section
12 of this Article.
B. If an employee is FMLA-eligible and if the reason for sick leave is an FMLA
qualifying reason, then sick leave under this policy must be substituted for FMLA
leave, so that both run concurrently.
C. Employees must notify their immediate supervisor of all requests for sick leave before
the leave is taken, or not later than fifteen (15) minutes after the beginning of a
scheduled work day. Sick leave may only be taken with the approval of the immediate
supervisor.
D. Each regular salaried employee occupying a permanently established budgeted
position (at least half the month) shall earn sick leave on a monthly basis at the rate of
one (1) day per calendar month (pro -rated for employees working fewer or greater
hours as established as the basic workweek). Sick leave will be cumulative for an
27
unlimited number of days. At the time of separation, any sick leave owed the county
shall be deducted from the employee's final compensation.
E. The employee's department head or the county manager may require a statement from
the physician, or other acceptable proof, that the employee was unable to report for
work as a condition of approving sick leave.
Employees on sick leave for more than five (5) working days will be required to
provide a doctor's certification that they are able to perform the essential
functions of the job before being reinstated to his/her position
H. The county manager may advance sick leave to an employee who has exhausted sick
leave because of a major operation or illness. This advanced sick leave may not exceed
the amount an employee can earn during the current calendar year except with the
approval of the Board of Commissioners.
The County Manager may approve the use of up to ten sick leave days per year by an
employee who has exhausted all vacation to care for a spouse, child, or parent when
they have a serious health condition under the Family and Medical Leave Policy.
G. Sick leave earned monthly is allowed as creditable service at the time of retirement to
employees who are members of the North Carolina Local Government Employees'
Retirement System. One month of credit is allowed for each twenty (20) days of
unused sick leave when an employee retires, and an additional month is credited for
any part of twenty (20) days unused sick leave left over.
H. Unused sick leave earned from another North Carolina governmental agency and/or
entity will be accepted and transferred to the county as follows:
1. The governmental entity was the employee's place of employment immediately
prior to their employment with Iredell County.
2. The total number of days accepted as transferred will be added to the record after
completion of the probationary period.
3. Verification of accumulated sick leave must be received in writing from the
previous employer.
I . Employees who retire or resign and are not reinstated with the county within a one-
year period shall lose all sick leave credits. No employee shall be paid for any
accrued sick leave at the time of separation from employment.
Section 7. Maximum Unpaid Leave Of Absence
A. The county manager, upon recommendation of the department head, may grant leave
without pay for up to six months to employees who have completed their probation
period for the following reasons:
1. Continuation of education.
2. Special work that will permit the county to benefit by the experience gained or
performed.
3. A serious medical condition after FML is exhausted.
4. The birth or adoption of a child.
5. Accommodation of a disability.
6. Other reasons deemed justified by the appointing authority.
B. If an employee is FMLA-eligible and if the reason the county manager granted leave
without pay under this policy is an FMLA qualifying reason, then leave under this
policy must run concurrently with FMLA.
28
C. Return to work for less than four consecutive weeks will not break the six-month
maximum period under this policy.
D. Insofar as leave is granted under this policy for an employee disabled under the
Americans With Disabilities Act, the county may offer additional leave as an
accommodation for such disability to the extent that such extension does not create an
undue hardship on the county.
E. Except for extensions of leave under Section D above, any extension of leave under
this policy must be approved by the Board of County Commissioners.
F. The County may request that an employee take a medical leave of absence when the
employee becomes medically unable to perform his/her job or if the employee's
medical condition could affect the work, safety, or health of any employee or the
property of the County.
G. Benefits While on Leave Without Pay
1. Employees shall have the option to retain all unused annual leave while on
leave. However, no more than 240 hours can be carried over at the end of the
calendar year.
2. Annual and sick leave will not be accrued during any calendar month that the
employee is not on the payroll half the month.
3. An employee on leave without pay for these reasons may be eligible to continue
their hospitalization insurance coverage subject to the terms and regulations
adopted by the Board of County commissioners and the group carrier.
4. For the explanation of benefits while on FMLA leave see Section 7A of this
Article.
Section 8. Leave Under the Family and Medical Leave Act
This policy outlines the procedures for the County's compliance with the Family and Medical
Leave Act of 1993. Whenever an eligible employee timely provides a qualifying reason for
an absence or tardiness, it will be conditionally designated by the County as "FMLA leave,"
conditioned upon timely verification. A "workweek" will be calculated based on the eligible
employee's actual workweek, including any mandatory overtime. Employees with variable
hours will have the "workweek" based on the average hours worked during the 12 weeks prior
to leave. The total leave available under this policy is one twelve workweek period within the
designated 12 -month period. The 12 -month period is a rolling 12 -month period measured
backward from each date an employee requests any FMLA leave; thus, it will be a different
calculation each time an employee requests leave. In this policy, the phrase "designated 12 -
month period" will refer to this calculation.
Eligibility for FMLA Leave
Employees who have worked for the County a total of twelve (12) months (not necessarily
consecutive) and who have worked at least 1,250 hours during the consecutive twelve (12)
month period preceding the commencement of leave are eligible for up to 12 workweeks of
family and medical leave for the following reasons:
The emnlovee has a serious health condition incurred either on or off the iob
which renders him/her unable to perform one or more of the essential functions of
his/her position. Eligible employees may take intermittent leave or leave on a reduced
leave schedule when medically necessary, but the County reserves the right to transfer
the employee to another position which can better tolerate the recurrent absence.
29
2. The employee's spouse, child or parent has a serious health condition, which requires
the employee to care for the spouse, child or parent. The County reserves the right to
require documentation of the family relationship. FMLA leave is not available for the
care of a parent -in-law. Eligible employees may take intermittent leave or leave on a
reduced leave schedule when it is medically necessary to care for such spouse, child,
or parent, but the County reserves the right to transfer the employee to another
position which can better tolerate the recurrent absence/tardiness.
3. The birth of a child of the employee or placement of a child with the employee for
adoption or foster care. Childbirth or placement leave must be taken in a block rather
than reduced schedule leave or intermittent leave unless the county manager gives
advance approval of a special request for intermittent leave. The entitlement to leave
for birth or child placement expires one year after the childbirth or placement.
Pay Status While on Leave
All leaves under this policy will be unpaid for exempt and nonexempt employees, unless
FMLA runs concurrently with paid leave. An employee is required to substitute his/her
accrued sick leave for FMLA leave when the reason for leave is due to the employee's own
serious health condition and/or during the period of temporary disability due to the birth of
a child The employee is not required but may elect to substitute vacation leave for FMLA
leave.
FMLA leave taken under this policy will count toward the total unpaid leave available under
the County's maximum leave of absence.
Employees are not entitled to greater benefits than they would have received if FMLA had not
been taken.
Terms and Definitions
The term "disability" as used in this policy means a physical or mental impairment
which substantially limits the employee in a major life activity.
2. "Serious health condition" means an illness, injury, impairment, or physical or mental
condition verified by the certification of a health care provider, that involves:
- A period of incapacity due to any overnight stay in a hospital, hospice, or
residential medical care facility, including subsequent recovery therefrom, and
any follow-up treatment; or a period of incapacity due to pregnancy or prenatal
care; or
- a period of incapacity including treatment and recovery, due to the inability to
engage in regularly scheduled activity for longer than 3 calendar days, where there
have been two or more treatments by a health care provider (includes one
treatment by health care provider followed by regiment of prescription medication
or therapy) (this does not include the common cold, the flu, bronchitis, ear aches,
an upset stomach, minor ulcers, non -migraine headaches, routine dental work,
periodontal disease, or cosmetic treatments); or
any period of incapacity due to or treatment for a chronic condition, which
continues over an extended period of time, requires periodic medical treatments,
and may cause episodic incapacity (asthma, diabetes, epilepsy); or
- any period of incapacity due to a permanent or long-term condition for which
treatment may not be effective but where there is continuing supervision by a
health care provider; or
multiple treatments and recovery, due tcx(a) restorative surgery following an
accident or injury; or (b) condition that requires ongoing treatments to avoid
extended incapacity (cancer, severe arthritis, kidney disease).
30
Employee Responsibility
Failure to provide timely notice can result in loss of protection under the law or delay of the
leave.
An employee must apply in writing to his/her supervisor thirty (30) -days in advance of the
qualifying reason for foreseeable absence/ tardiness under this policy (and timely verify the
reason). 7f leave is to begin within thirty days, an employee must give notice to his/her
immediate supervisor as soon as the necessity for the leave arises, but no less than two (2)
business days of learning of the need for leave.
For an extension of requested leave, the employee must inform his/her supervisor of the
qualifying reason for extension no less than two (2) business days of learning of the need for
extension (and timely verify the reason). Otherwise, any absence is subject to general County
policy, without statutory protection. Violation of the County's three-day "no show" policy
will be considered a voluntary quit.
Employees are expected to make a reasonable effort to schedule planned treatments so as not
to unduly disrupt the operations of the department, subject to the approval of the health-care
provider.
Even if an employee's absence qualified for FMLA, the absence will not be protected under
the law if the employee does not inform his/her supervisor of the qualifying reason within two
(2) business days of his/her return to work and provide timely verification required under this
policy.
If the employee should decide not to return to work, the county should be notified
immediately.
Falsification: of any FMLA form will result in disciplinary action up to and including
discharge.
Spouses Employed by the County
When a husband and wife are both employed by the county, they are limited to a combined
total of 12 workweeks of leave during any 12 -month period if the leave is taken to care for a
parent with a serious health condition or for the birth or placement of a child with the couple
for adoption or foster care.
Medical Certification
Certification from a health-care provider will be required to verify the need for leave due to a
serious health condition of the employee or member of the employee's family. The employee
must obtain a certification form from the Personnel Office or from his/her supervisor. NOTE:
A simple doctor's statement is not sufficient under this policy.
Such certification should be presented at the time the request for leave is given, but must be
submitted to the County no later than 15 days after the request for leave.
The county reserves the right to have its physician verify or seek clarification of the medical
certification provided. Further, the County may require an employee to obtain a second
opinion from a health-care provider approved by the county when validity of the leave request
is questioned. If the second opinion conflicts with the original medical opinion, the county
may require a third opinion from a health-care provider mutually agreed upon by the county
and the employee. The opinion of the third health-care provider is final and binding on the
county and the employee. The county will bear the cost for such second and third opinions.
Employees must contact his/her supervisor or department head every 30 days concerning: (a)
his/her medical status, or the medical status of the family member; (b) his/her inability to
perform essential job functions or the medical necessity for him/her to care for the family
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member; and (c) his/her intention to return to work. Recertification of the need for leave is
required every 30 days; except when the medical certification provided to the County states a
minimum duration of more than 30 days. Further, the County reserves the right to obtain any
medical information required for it to comply with the Americans with Disabilities Act.
Medical certifications or medical histories furnished to the County for FMLA purposes will
be maintained in separate files and shall be treated as confidential medical records.
Reinstatement
If the employee is capable of performing all essential functions of his/her last regular job upon
returning from FMLA leave, the employee will be reinstated to his/her former position or an
equivalent job, provided the employee furnishes a healthcare provider's medical verification
of such capability. The County reserves the right to require an employee to submit to an
examination by a physician approved by the County on the first day of the employee's return
to work. Refusals of an offer of reinstatement will be treated as a voluntary resignation.
Upon reinstatement, the employee will be restored to coverage under all employee benefit
plans in which he/she was participating in the last regular job held prior to the FMLA leave,
unless the employee has changed his/her election.
Reinstatement from medical or family leave may be denied to "key" salaried employees whose
compensation is in the top 10 percent of employees employed if (1) the denial of reinstatement is
necessary to prevent substantial and grievous economic injury to the operations of the County, (2) the
County notifies the employee of its intent to deny reinstatement on such basis, and (3) where the leave
has commenced, the employee elects not to immediately return to employment after receiving such
notice.
The right of reinstatement with restoration of pay and benefits is conditioned upon the
employee's ability to perform all essential functions of the last regular position held prior to
leave.
FMLA leave will cease immediately when: (1) the employee does not timely provide the
necessary information to support the need for FMLA leave (such as medical certification); (2)
the employee would otherwise be subject to termination (for example, the position is being
eliminated and the employee would otherwise be subject to layoff, the employee is discharged
for cause; etc.); or (3) the employee gives unequivocal notice (verbal or written) of his/her
intent not to return to employment.
When FMLA leave ceases, group health coverage, reinstatement rights, and restoration rights
also cease.
Disciplinary action, including discharge, continue to apply to employees on FMLA leave as if the
employee had remained in active service.
Benefits While on Leave
2. Employees shall have the option to retain all unused annual leave while on leave.
However, no more than 240 hours can be carried over at the end of the calendar year.
3. Annual and sick leave will not be accrued during any calendar month that the
employee is not on the payroll half the month.
3. An employee on FMLA leave will be retained on the county's group hospitalization
plan for a 12 workweek period at the same level and under the same conditions as
provided prior to the employee's leave. Employee contributions for dependent
coverage maintained during the period of leave must be paid by the employee.
Employees will be required to reimburse the county for insurance premiums paid on
their behalf while on leave without pay if the employee fails to return to work for at least 30
days following the leave; except if the reason is the continuation, recurrence, or onset of a
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serious health condition which is verified by a health-care provider or other circumstances
beyond the employee's control. Premiums may be recovered through small claims court or
from deduction in wages or vacation pay that would otherwise be included in the final
paycheck.
If an employee does not return from FMLA leave, COBRA will be triggered when
FMLA leave ceases for any reason except when extended leave is granted under the Leave
Without Pay section of this policy. Then employees may continue to be covered by the
group hospitalization plan by paying the full cost of individual and dependent premium
while on leave without pay.
4. The availability of other plan benefits during FMLA leave is governed by each benefit
booklet.
Section 9. Parental School Leave
To comply with G.S. 95-28.3 as amended effective December I, 1993, employees will be
granted at least four hours of unpaid leave per year to attend or otherwise be involved in
activities at their child's school, subject to the following conditions:
1. The leave shall be at a mutually agreed upon time between the employee and their
supervisor;
2. The employee must submit a written request for such leave to their supervisor at
least 48 hours before the time desired for the leave; and
3. The employee must submit written verification from the child's school that the
employee attended or was otherwise involved at that school during the time of
leave to their supervisor at the time the employee returns to work.
The definition of school includes public, private, church schools, and preschools. It also
includes day care facilities as defined under G.S. 110-86.
Section 10. Bereavement Leave
This policy is written to establish guidelines for the use of bereavement leave due to the death
in the employee's immediate family or death of a co-worker.
A. Immediate Family:
1. An employee who has a member of his/her immediate family taken in death may
receive up to three (24 hours) off to range and/or attend funeral activities. Under
exceptional circumstances, the department head may authorize additional leave.
2. Bereavement leave for an immediate family member will be charged to sick leave.
3. Immediate family is deemed to include spouse, mother, father, guardian, children,
brother, sister, grandparent, grandchild, plus various combinations of half, step, in-
law and adopted relationships that can be derived from those named.
B. County Employee:
1. The department head, immediate supervisor, and personnel director or county
manager will be designated officials to attend the funeral.
2. The department head may send a designee(s) if he/she or the immediate
supervisor is unable to attend.
3. Other county employees attending the funeral and/or visitation will charge the
absence to earned vacation or compensatory leave. Department heads may
allow employees to make up time away from the department when such extra
work will not create an overtime situation.
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4. In the event the number of employees wishing to attend the funeral exceeds that
necessary to carry out the operations of the department, department heads may
assign employees from another unit to fill in for employees attending.
5. Should a death occur in a small department of the county, the department head and
county manager will consider options such as using volunteers, closing the office,
and reassigning employees from another department to determine the best method of
handling the operations of the office.
Effective April 18, 2001
Section ll. Military Leave
A. Permanent employees who are members of the National Guard or Armed Forces
Reserve will be allowed 96 hours of military training leave annually (adjusted for
employees having a workweek with greater or fewer hours than a basic workweek),
with partial compensation. If the compensation received while on military leave is less
than the salary that would have been earned during this same period as an active
employee, the employee shall receive partial compensation equal to the difference in the
base salary earned as a reservist or a guardsman and the salary that would have been
earned during this same period as a county employee. The effect will be to maintain the
employee's salary at the normal level during this period. If such military duty is
required beyond 96 hours, the employee shall be eligible to take accumulated vacation
leave or be placed on leave without pay status.
B. While on military leave with partial pay or without pay, the employee's leave credits
and other benefits shall continue to accrue as if the employee remained with the county
during the period. Employees who are guardsmen and reservists have all applicable job
rights specified in the Veterans Readjustment Assistance Act.
Section 12. Civil Leave
Non -Job Related Civil Leave
An employee called for jury duty may use civil leave with pay for the period of time required
to be at court and will receive any fees received for jury duty. Employees are expected to
report to work when court duty ends before the end of the regular workday. Additional
time off is not given when jury duty occurs on a day the employee is scheduled off from
work.
An employee subpoenaed to appear as a witness in court or directed by officials to provide
testimony during an official investigation, may use civil leave with pay for the period of
absence required
Job Related Civil Leave
The time an employee whose official job duties require attendance in court or at a job
related legal proceeding will be considered work time. The hours attending will be included
in the total hours worked./or the week. Employees must turn over to the county any witness
fees or travel allowances awarded in connection with official duties.
Section 13. Educational Leave and Reimbursement
A. Leave and Reimbursement for Specific Courses
A leave of absence at full pay during regular work hours may be granted to an employee to
take one (I) course at a time which will better equip the employee to perform assigned duties.
The employee must submit a course outline to the department head so he/she can determine
if the course will better equip the employee to perform assigned duties. A copy of the
course outline and the department head's justification will be submitted to the county
manager for approval.
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An employee may receive reimbursement for one (1) course at a time taken outside of
working hours which will better equip the employee to perform assigned duties. To be eligible
for reimbursement, an outline of the course content must be submitted to the department
head. If the department head determines the course will better equip the employee to
perform assigned duties, he/she will submit a recommendation for approval to the county
manager.
If the county manager approves reimbursement for tuition, fees and books for the course
taken outside working hours, such reimbursement will be made provided the employee
submits a receipt of course expenses and a notice of successful completion (passing grade or
better).
B. Extended Leave and Benefits
A leave of absence at full or partial pay for a period not to exceed twelve (12) calendar
months may be granted to an employee who has completed the initial probation period and
is enrolled full-time in an institution of higher learning and pursuing courses which directly
relate to an employee's job. The decision to grant such leave will be based on such factors as
workload, critical nature of employee's job, chances of the employee returning to duty, and
how beneficial the course(s) will be to the current job duties. Such leave must be
recommended by the department head and county manager and approved by the Board of
Commissioners. An employee granted such extended educational leave with pay shall agree to
return to the service of the county upon completion of training and remain in the employ of
the county for a period equal to twice the educational leave received, or the employee shall
reimburse the county for all compensation received while on educational leave. An employee
on educational leave with full pay shall continue to earn sick leave credits and any other
benefits to which county employees are entitled. An employee on educational leave with
partial pay shall earn proportional leave credits. This shall not include vacation leave.
Section 14. Worker's Compensation Leave
An employee absent from duty because of sickness or disability covered by the North
Carolina Worker's Compensation Act may receive Worker's Compensation benefits and elect
to use accumulated sick leave as a supplemental payment for the seven day waiting period
under the Worker's Compensation Act if a physician has certified that the employee is
unable to perform any duties. If the employee does not have enough accrued sick,
vacation leave may be used.
The County will offer light duty work to employees who have been medically approved for
such work as outlined in the Return -to -Work section below. The employee may decline the
light duty and instead choose to exercise his/her FMLA rights. However, workers'
compensation benefits may be suspended under the State Workers' Compensation statutes.
Absence due to an on-the-job injury will be counted against the employee's FMLA leave
entitlement.
Upon reinstatement, an employee's salary will be computed on the basis of the last salary
earned plus any increment or other salary increase to which the employee would have been
entitled during the disability covered by Worker's Compensation.
Temporary employees will be placed in a leave without pay status and will receive all benefits for
which they may, be adjudged eligible under the Worker's Compensation Act.
Section 15. Return -to -Work Program
The purpose of this program is to return injured employees to a job suitable to their work
restrictions as soon as medically feasible. Early return -to -work and light duty programs
promote a quicker recovery, improve morale, allow injured employees to earn their normal
wages, and help departments maintain their productivity.
35
G. Any employee with a work-related injury resulting in limitations of light duty will be
eligible for this program.
K The attending physician will provide clear, written restrictions and approve light
duty work assigned to the employee based on those restrictions.
L To the extent possible, employees participating in this program will be returned to
their normal department. When limitations prevent light duty work in the normal
department or work within the limitations is not available, the workers
compensation administrator will locate an assignment in a different department that
is compatible with restrictions.
J. Employees in this program will be assigned a temporary supervisor if moved to a
different work unit or department. The employee will be subject to the same work
rules and regulations as any other employee, and will be required to perform work
within the limitations established by the treating physician.
K Employees participating in this program will receive their normal wage for each
hour worked, and the cost will be charged to the employee's normal work
department.
L. The light duty assignment will be temporary and may be discontinued for when:
1. the treating physician returns the employee to full duty,
2. the physician prohibits the employee from participating in a light duty
assignment,
3. the physician indicates the employee has reached maximum medical
improvement and will not be able to return to regular position,
4. there is no longer an appropriate task within the County that would
accommodate the employee's capabilities, or
5. an employee has been on light duty for a period of six months. All light duty
cases will receive a thorough re-evaluation at this point to determine if such
duty is to be continued and/or if reclassification and/or reassignment to
another position is warranted
Section 16. Administrative Leave
Administrative leave with pay may be granted by the county manager when circumstances are
such that the manager deems it to be in the best interest of the county and the employee for
work to be temporarily halted. All such use of administrative leave will be reported to the
Board of Commissioners at its next regularly scheduled meeting.
Effective September 1, 1992
Revised November 1. 2005
2. Request for Approval of Revisions to Iredell County's Purchasing Ordinance
Effective December 1, 2005: During the briefing session, Purchasing Agent Dean Lail said
revisions were needed in the purchasing ordinance due to (1) changes in the General Statutes
(2) for the facilitation of day-to-day operations because new methods were being used for bids
and purchasing and (3) for the utilization of new methods for the sale of surplus property.
At the briefing session, the board members, by consensus, agreed for the staff to conduct
biannual reviews of the Purchase Order limits.
The revised ordinance is shown in its entirety as follows with language to be removed being
depicted with strikeouts and new wording shown in italics and through the usage of
underlined print.
ARTICLE II. PURCHASING AND SALES*
* State constitution references-- County contracts for public purposes, Art. V, § 2(7).
State law references: Model payment and performance bond, G.S. § 44A-25 et seq.;
monopolies, trusts and consumer protection, G.S. Ch. 75; regulation of contractors for public
works, G.S. § 133-23 et seq.; public contracts, G.S. § 143-128 et seq.; corporate powers of
county, G.S. §§ 153A-11, 153A-12; continuing contracts, G.S. § 153A-13.
Sec. 2-26. Title.
36
This article shall be known as the 'Purchasing Ordinance."
(Ord. of 8-5-75, § 1)
Sec. 2-27. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Agency and using agency mean any of the departments or offices of the county whose funds
are accounted for by the county.
Bidders' list means a current file of sources of supply of articles for each category of
commodities repetitively purchased.
Contractual services means any and all services, except professional services, which are to be
provided on the basis of an agreement, including but not limited to service contracts on
equipment, the rental of equipment and machinery, and rental of uniforms.
Local bidder means a person who maintains a place of business within the county.
Professional services means the services of attorneys, physicians, architects, engineers,
dentists, accountants or consultants possessing a high degree of professional or technical skill.
Responsible bid means an R4T _ suh;z fitted by a responsible bidder in ink or typewritten for
to fti fnish bid items : ,.nfarmit., with two ei fie.at of two bi +. the bid offered by a
bidder who has complied with all qualifying requirements.
Responsible bidder means a bidder who has furnished, when requested, information and data
to prove that his service, reputation and experience are adequate to make satisfactory delivery
^F item -'s Rr sew,ioes an ..,1 ieh he the bidder has the skill, qualifications (licensure, etc.),
judgment and integrity necessary to the faithful performance of the contract, as well as
sufficient financial resources and ability.
Responsive bid means that the bid conforms substantially to the specifications and does not
contain a material variance from the specifications.
Responsive bidder means a bidder that has substantially complied with the bid specifications
without material variance that gives that bidder an advantage or benefit not enioved by the
other bidders.
Commoditv means any supply, material, equipment. or service separately, or collectively.
identifiable to be used by an agency.
Supplies, materials, and equipment and services mean any and all separately identifiable
items a items and services used by any agency. (Ord. of 8-5-75, § II)
Cross references: Definitions and rules of construction generally, § 1-3.
Sec. 2-28. Purchasing policy.
The purpose of the purchasing system in this article is to provide efficient procedures for the
purchase of supplies, services and equipment at the lowest possible cost, with quality needed,
to exercise positive financial control over purchases, and to clearly define authority for the
purchasing function.
(Ord. of 8-5-75, § 1)
Sec. 2-29. Purchasing agent --Designated.
The county manager is designated the purchasing agent. He may, as he considers appropriate,
delegate the duties of purchasing agent to another official who shall be under the direct
37
supervision of the county manager. The duties of purchasing agent may be combined with
those of any other office or position.
(Ord. of 8-5-75, § 111)
See. 2-30. Same --Responsibilities.
Subject to the provisions of this article and state law, the purchasing agent shall:
(1) Purchase Review and approve all supplies, materials, equipment and contractual
services required by the agencies in estimated amounts of 4,vo tt,,....,and dR flars ($5,000.00) or
less one thousand dollars ($1,000.00) or more by means of printed purchase order or contract;
(2) Submit to the board of commissioners for award contracts for purchases of supplies,
materials, equipment and contractual services in estimated amounts in excess of twent
thousand dollars (S20,000.00) ninety thousand dollars ($90,000.00), unless excepted by GS
143-129e•
(3) Develop and use standard specification terms and conditions to the greatest extent
possible for purchase orders and contracts;
(4) Transfer between agencies, and the central surplus storeroom, such supplies, materials,
finds or equipment that are necessary to assist : pitalizing beginning i nt,.-. of the
ntralwia for the operations of the agency;
(5) Utilize the most effective methods, prescribed by NC law, to exchange, trade-in, sell or
discard those supplies, materials and equipment that are obsolete, surplus, or unused and that
are found by the county manager not to be required for public use;
(6) Develop standard forms and conditions of invitations to bid; and purehase ,.,.dere
(7) Develop and prescribe the use by agencies of forms required in carrying out the
provisions of this article;
(8) Obtain and maintain a list of all items and services required by using agencies and an
." t Assist using agencies in determining quality and quantity of items and
services to be used within a designated time period;
Vvsup/ply/ Review, approve and maintain all standing contracts for services, supplies, materials
and equipment needs of agencies, to be delivered over the term of the contract;
(11) Maintain contracts with substantial discounts on common items
the C'e4itral st,.,.e,.,.am and replenish s eh efitofr, as is are required to meet the needs of
using agencies;
(12) Undertake.. where possible effieie"eie ea,. be reahz-e4 joint purchasing of items with
other counties, municipalities or regional organizations, and use the "piggybacking"
procedures prescribed by law, where possible efficiencies can be realized;
(13) Aggregate requirements for supplies, materials and equipment before putting the items
up for bid in order to reduce purchase transactions and secure the best possible price;
(14) Ensure that sufficient funds are available to cover the inti -mated cost of a requested
purchase; in cases where funds are not sufficient the purchasing agent shall secure approval of
the county manager before making the purchase or advise as to proper procedure for funds
transfer
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(15) Develop and implement procedural regulations that interpret and enforce compliance
with the provisions of this article.
(Ord. of 8-5-75, § IV; Mo. of 1-5-82; Res. of 10-4-88)
State law references: Procedure for letting of public contracts, G.S. § 143-129; letting
contracts on informal bids, G.S. § 143-131.
Sec. 2-31. Same --Authority to adopt procedural regulations.
The purchasing agent is hereby authorized to prepare procedural regulations to amplify the
provisions of this article and to enforce compliance with such regulations including, but not
limited to, the procedure for:
(1) Handling bids, Quotes and Requests for Proposal;
(2) Making purchases, including emergency purchases;
(3) Reporting receipt of deliveries of supplies, materials, equipment and contractual
services;
(4) Submitting requisitions for the supplies, materials, equipment and contractual services
needed for using agencies and for submitting invoices for items delivered;
(5) Requesting, submitting for review, approval procedure and signature authority
contracts for services;
(6) Control and safeguarding of items in surplus inventory inel..a:.,g mainten-nee of
perpetual inventory system indicating the quantitative aniounts and monetaryvalue of iterris
in inventofy; to facilitate its transfer to other departments, sale or discard;
(6) Such other activities as are necessary to give effect to this article.
(Ord. of 8-5-75, § V)
State law references: Minimum number of bids for public contracts, G.S. § 143-132; use of
small, minority, physically handicapped and women contractors, G.S. § 143-135.5.
Sec. 2-32. Requisitions and estimates of future requirements.
(a) All agencies shall submit to the purchasing agent requisitions for the supplies, materials,
equipment and contractual services as required for their operations and which exceed one
thousand dollars ($1,000.00) thus requiring an approved written purchase order prior to
purchase. The purchasing agent, after reviewing any such requisition may question its
propriety and may require the head of the requesting agency to justify the quantity, quality or
authorization for the requisition.
(b) All agencies shall also file with the purchasing agent estimates advance written notice
of their requirements for supplies, materials, equipment or contractual services on such form,
at such time, and for such future periods as the purchasing agent may prescribe so as to allow
adequate time to schedule and apply the bidding process. (Ord. of 8-5-75, § VI)
Sec. 2-33. Contracts, purchases, and sales; competitive bids required.
(a) All purchases of and contracts for supplies, materials, equipment and contractual
services and all sales of personal properties shall be based why at all times possible on
competitive bids.
(b) If the amount of the expenditure for a contractual service or to a commodity or class of
commodity ^ rma"-° obtainable 4RvA the savAp waree of supply is estimated to exeeed Five
thousand dellafs (S5,000.00) to be ninety thousand dollars ($90,000.00) or more, contract bids
shall be submitted in accordance with the provisions of state law for formal bids.
39
(c) If the amount of the expenditure is estimated to be less than 4iye thRil and aR"--S
($5,000:00) ninety thousand dollars ($90,000.00), it shall be on an open market transaction
and, whenever possiblbe based , at least three (3) , petit:. e bid.. shall be made
according to the following;
(1) Zero to eleven thousand, nine hundred ninety-nine dollars (0-
$11,999.00) shall be considered across the counter purchases and shall be made
after the best possible price has been found
(2) Twelve thousand dollars to twenty-nine thousand, nine hundred ninety-nine
dollars ($12,000.00-$29,999.00) — prior to award, confidential written or verbal quotes
obtained by the department shall be sent with a requisition to purchasing for award
(3) Thirty thousand dollars to eighty-nine thousand nine hundred ninety-nine
dollars ($30,000-$89,999.00) — written quotes must be submitted from the
vendor direct to the purchasing agent for review and award
(d) The purchasing agent shall direct the using agencies how to solicit''
requests to appropriate quotes from prospective bidders for the commodities being purchased.
however Confidential bidsug_ otes may be solicited by direct mail, electronically, telephone or
catalog prices provided by responsible bidders for open market purchases or sales less than
f4 ,. tw,.........a aR-11a... (S5,000.00), fi e hundred Elellars (S500 .00), thirty thousand dollars
($30,000.00) or make purchases available through the Department of Administration,
Division of Purchase and Contract.
(e) All open market purchases shall be awarded to the lowest responsible, responsive
bidder, taking into consideration quality, performance, and the time specified in the bids for
performance of the contract and all open market sales to the highest responsible bidder.
However, price and quality being equal, preference shall generally be given to responsible
local bidders.
(Ord. of 8-5-75, § VII; Mo. of 1-5-82; Res. of 10-4-88)
(f) All contracts for purchases, services, lease agreements, rentals, installations or other
contracts requiring an authorizing signature shall be forwarded to the Purchasing Agent for
review and determination of propriety, lefty and signatory authority prior to receipt or
performance of any commodity covered by said contract.
State law references: Preference given by state agencies to North Carolina products and
citizens, G.S. § 143-59; withdrawal of bid, G.S. § 143-129.1.
Sec. 2-34. Purchase of patented or proprietary material.
(a) When the county requires supplies, materials or equipment that are produced by only
one (1) manufacturer, and the contract shall be within the informal bid range, the purchasing
agent shall specify such manufacturer's make or brand in the invitations to bid and shall
obtain competitive bids from authorized dealers or distributors of such manufacturer. If such
supplier or manufacturer is the sole bidder and sole source of supply, the purchasing agent is
authorized to negotiate an open market order or contract with the supplier or manufacturer at
prices and on terms most advantageous to the county. All sole source contracts exceeding the
formal bid amount shall be awarded by the board of commissioners.
(b) When the county requires supplies, materials or equipment that are patented or
proprietary and that are obtainable in two (2) or more equally satisfactory and competitive
makes, brands or types, the purchasing agent shall list such acceptable and competitive
makes, brands or types in the invitations to bid. Such lists shall also include the phrase "or
equal" to permit bidders to bid on alternate or additional makes, brands or types. It shall be
incumbent on each such bidder to prove to the satisfaction of the County that the alternate or
additional make, brand or type that he offers is equal in quality or performance to those listed
in the invitation to bid.
(Ord. of 8-5-75, § VIII)
State law references: Trademarks, brands, etc., G.S. § 80-1 et seq.
Sec. 2-35. Availability of funds.
40
Except in emergencies no notice of award of contract pursuant to this article shall be issued,
no contract shall be signed, and no open market purchase order shall be issued, until the
purchasing agent shall have certified that the unexpended balance in the appropriation or
appropriation concerned is sufficient to defray the amount of such contract or purchase order.
(Ord. of 8-5-75, § IX)
State law references: Emergency purchases by state, G.S. § 143-57.
Sec. 2-36. Unlawful purchases.
(a) If any agency purchases or contracts for any supplies, materials, equipment or
contractual services contrary to the provisions of this article, such purchase order or contract
shall be void and of no effect, unless thereafter ratified by the person or body required by this
article to approve such purchase or contract. The head of the agency approving the making of
such purchase transaction shall be personally liable for the amount of such purchase order or
contract, and, if already paid for out of county funds, the amount thereof may be recovered in
the name of the county in an appropriate action therefore.
(b) It shall be unlawful for any agency to split its requirements for supplies, materials,
equipment and contractual services into e4knated lesser amounts of tl;aq 4�1'e t,,,...san,
dollars (S5,000.00) in order to evade the provisions of section 2-33.
(Ord. of 8-5-75, § X; Mo. of 1-5-82; Res. of 10-4-88)
State law references: Unlawful use of state purchase or contract procedures for private
benefit, G.S. § 143-58.1.
Sec. 2-37. Surplus, obsolete and waste commodities.
(a) All agencies shall submit to the purchasing agent, at such times and in such form as he
shall prescribe, reports showing stocks of all supplies, materials and equipment that are no
longer used or that have become obsolete, worn out or scrapped. The purchasing agent shall
have authority to transfer any such commodities that are usable to another or other agencies in
lieu of filling requisitions for the purchase of new and additional stock of the same or similar
articles.
(b) The purchasing agent shall make a written description and estimate of the value of any
surplus items not usable by any county agency or not required for public use. The purchasing
agent shall have authority to sell all such supplies, materials and equipment that cannot be
used by any agency or that have been found by him not to be required for public use; or to
exchange or trade in such articles in part or payment for new supplies, materials or
equipment of a similar nature. The ptifeliasing agent shall report in detail upon any stteh sale
to the board of commissioners within forty five (45) days thereafte . (Ord. of 8-5-75, § XI)
(c) Declaration, Sale and disposition of Surplus Property Valued at $30,000 or less.
(1) The Purchasing Agent is authorized to declare as surplus personal property owned
by Iredell County and valued at less than $30,000, to set its fair market value, to
sell it or exchange it for a comparable item, and to convey title to the property on
behalf of the County.
(2) Upon declaringarplus personal property owned by the County and setting
fair market value, the Purchasing Agent may initiate proceedings for the sale or
exchange of property by any means prescribed in NC General Statute and may
convey title to the property for the County. The Purchasing Agent is not required
to publish notice and the sale or exchange may be either public or private.
(3) The Purchasing Agent shall keep a record of all property sold under this section
and that record shalleg nerally describe the property sold or exchanged, to whom it
was sold or with whom exchanged, and the amount of money or other
consideration received for each sale or exchange.
(4) The Purchasing Agent is authorized to properly discard as waste surplus personal
property under this section that is deemed unusable, unsuitable for sale, dangerous
to the public or when the sale of such could present a liability to the County.
(d ) Sale to Employees Prohibited Except at Public Auction.
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The Purchasin¢ Agent shall not sell surplus County property to, or exchange for a
comparable item with, employees or members of County departments, agencies, boards
or commissions except at public auction. This prohibition shall apply to any interest
which shall yield, direct or indirectly, a monetary or other material benefit to the
employee. All private negotiated sales of surplus to any of the above may only be
approved by action of the Board in the manner prescribed by NC General Statute.
Additionally, no individual who is, in any manner, involved in the purchase or
acquisition of personal property, detennination of surplus or its disposition may
purchase, bid or in any manner take possession of Iredell County surplus property.
State law references: State agency for surplus property, G.S. § 143-64.1 et seq.
Sec. 2-38. Changes in state law.
The provisions of state law with regard to the purchase of apparatus, supplies, materials and
contractual services, as the same may change from time to time, shall automatically be
included in this article, and this article shall be deemed automatically amended to include all
future amendments to state law.
(Res. of 10-4-88)
Secs. 2-39--2-55. Reserved.
3. Request from the Health Department for Approval of a Budget Amendment to
Increase the Work Time of a Family Nurse Practitioner & to Add Benefits: This action
was approved by the board of health on October 13. A memo from the health director
indicated the nurse practitioner was currently working 16 hours a week, and the request was
for the employee to work 24 hrs. a week. Private pay clients and insurance will generate
enough revenue to completely reimburse the county for the employees' increased pay and
benefits.
4. Request from the Health Department for Approval of a New Fee for F1uMist Nasal
Spray Flu Vaccine: On October 13, 2005, the board of health gave approval for an $18 fee
to be added to the Preventive Health Fee Schedule for Flumist, an intranasal flu vaccine (CPT
Code 90660) and for an $8 administrative fee (CPT Code 90473).
5. Request from the Health Department for Approval of an Occult Blood Test Fee:
The health staff requested that a $5 fee be added to the Preventive Health Fee Schedule for an
Occult Blood Test (CPT Code 82270). Approval was given by the board of health on
October 13 for the blood test fee.
6. Request from the Health Department for Approval of an Amendment to the
Preventive Health Fee Schedule Regarding the Pneumonia Vaccine: Notice has
been received that the Medicaid reimbursement rate for the pneumonia vaccine has
increased. Approval was given on October 13 by the board of health to increase the fee,
charged for the Pneumonia Vaccine (CPT Code 90732), from $21 to $25.
7. Request from the Health Department for Approval of a Budget Amendment to
Receive/Expend the Eat Smart Move More Grant of $17,768: Notification was recently
received that the referenced grant had been approved by the North Carolina Division of Public
Health. The board of health approved the acceptance of the funding on October 13. The
$17,768 will be used in local school systems to help promote "healthy vending options,
healthy dining programs, and an academic -based physical activity program."
8. Request for Approval of a Reimbursement Resolution in Conjunction with One or
More Tax -Exempt Financings for Certain Expenditures in Connection with Acquisition,
Construction and Equipping of School and Community College Projects: Sidley Austin
Brown and Wood LLP, bond counsel for the $44,630,000 in school bonds and the $6,000,000
for the community college bonds, has submitted the following resolution for the county to
adopt. The resolution will allow Iredell County to be reimbursed for costs incurred in
conjunction with the bond issuance.
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REIMBURSEMENT RESOLUTION
COUNTY OFIREDELL, NORTH CAROLINA
RESOLUTION OF THE BOARD OF COMMISSIONERS FOR THE COUNTY OF IREDELL,
NORTH CAROLINA DECLARING THE INTENTION OF THE COUNTY TO REIMBURSE
ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR
CERTAIN EXPENDITURES MADE AND TO BE MADE IN CONNECTION WITH THE
ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL
IMPROVEMENTS
WHEREAS, the County of Iredell, North Carolina (the "Issuer'% is a political subdivision
organized and existing under the laws of the State of North Carolina, and
WHEREAS, the Issuer has paid, beginning no earlier than September 2, 2005, and will pay,
on and after the date hereof, certain expenditures (the "Expenditures') in connection with the
acquisition, construction and equipping of school and community college projects (the "Project'), as
more fully described in Exhibit A attached hereto; and
WHEREAS, the Board of Commissioners of the Issuer (the "Board') has determined that
those moneys previously advanced no more than 60 days prior to the date hereof and to be advanced
on and after the date hereof to pay the Expenditures are available only for a temporary period and it
is necessary to reimburse the Issuer for the Expenditures fYom the proceeds of one or more issues of
tax-exempt bonds (the `Bonds');
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS:
Section 1. The Board hereby declares the Issuer's intent to reimburse the Issuer with the
proceeds of the Bonds, for the Expenditures with respect to the Project made on and after September 2,
2005, which date is no more than 60 days prior to the date hereof. The Issuer reasonably expects on
the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds.
Section 2. Each Expenditure was and will be either (a) of'a type properly chargeable to
capital account under general federal income tax principles (determined in each case as of the date of
the Expenditure), (h) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not
customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent
of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly)
to repay any, amount to or for the benefit of the Issuer.
Section 3. The maximum principal amount of the Bonds expected to be issued for the
Project is $50,630,000.
Section 4. The Issuer will make a reimbursement allocation, which is a written
allocation by the Issuer that evidences the Issuer's use of proceeds of the Bonds to reimburse an
Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid on
the date the Project is placed in service or abandoned, but in no event more than three years after the
date on which the Expenditure is paid. The Issuer recognizes that exceptions are available for certain
"preliminary expenditures, " costs of issuance, certain de minimis amounts, expenditures by "small
issuers" (based on the year of issuance and not the year of expenditure) and expenditures for
construction projects of at least five years.
Section 5. This resolution shall take effect immediately upon its passage.
ADOPTED this P day of November, 2005.
DESCRIPTION OF PROJECT
1. School Projects: (a) constructing an elementary school in the Mt. Mourne area,
renovating and expanding N.B. Mills/Monticello Elementary School, Sharon Elementary School,
Troutman Elementary School, Troutman Middle School, Brawley Middle School, North Iredell Middle
School, Statesville Middle School, West Iredell Middle School, Lake Norman High School, Statesville
High School, North Iredell High School and West Iredell High School for the Iredell-Statesville
Schools Board of Education, including the acquisition of necessary land and equipment, and (b)
erecting additional school buildings, remodeling, enlarging and reconstructing existing school
43
buildings, providing necessary utilities and acquiring necessary land and equipment in order to
provide additional school facilities for the Mooresville Graded School District.
2. Community College projects: expanding and improving the ,facilities of Mitchell
Community College, including, but not limited to, the construction of a Student Services Building on
the Statesville Campus and an expansion of the Mooresville Campus, including additional parking and
classroom facilities, and the acquisition of any necessary land, furnishings and equipment.
9. Request from the Register of Deeds for Approval of Amendments to the Records
Retention and Disposition Schedule: Deputy County Manager Blumenstein said at the
briefing session that periodically the state updated the records retention schedule for county
departments. She said recently the North Carolina Department of Cultural
Resources/Division of Archives and History had updated the Register of Deeds' records
schedule, and Brenda Bell, Register of Deeds, supported the revisions.
10. Request for Approval of a Contract with Hartigan Management Enterprises, Inc.,
for Assistance in the Community Development Block Grant (CDBG) and Economic
Infrastructure Program (EIP) Application Process for the Pratt Industries Project: At
the briefing session, Deputy County Manager Blumenstein said Hartigan Management
Enterprises would prepare and file on behalf of the county, an application to the NC
Department of Commerce (CDBG) and to the North Carolina Rural Center (EIP) for funding
to assist with the relocation of Jet Corr d/b/a Pratt Industries. She said the industry planned to
construct a new 300,000 sq. ft. facility in the West Farm Industrial Park, and the Hartigan
contract stipulated that $5,000 would be paid for a "successful" CDBG application & $2,500
would be paid for a "successful" NC Rural Center/EIP application. She said regulations
required that fund applicants be governmental agencies, and the Greater Statesville
Development Corporation (GSDC) would pay all costs for the Hartigan contract.
11. Request for Discussion/Decision Regarding an Amendment to the Wilson Security
Contract: On August 16, 2005, a contract was approved with Wilson Security for services
at the social services department, the health department, the library, and the court buildings.
Deputy County Manager Blumenstein said at the briefing session it was recently discovered
the sheriff s department was paying $1.35 more than what was initially approved for guards in
the courts facilities (Hall of Justice, Hall of Justice Annex, and Government Center -South).
She said the sheriffs department was offering additional training for the court security
guards, and this was the justification for the pay increase. Blumenstein said the extra costs
were being paid out of the jail commissary gross profits.
12. Request for Approval of the October 18, 2005 Minutes
13. Request for Approval to Close the Tax Offices on Thursday, December 8 and
Friday, December 9, 2005 To Effect the Move to the New Office Location: Deputy
County Manager Blumenstein said at the agenda briefing that the employees in the tax offices
would move in early December to their new location on Water Street. Blumenstein said a
public notice would be in the newspaper about the relocation and closing.
14. Request for Approval to Allow Crossroads Behavioral Healthcare to Sub -lease
County Facilities Located at Hwy. 21, Statesville, NC and East Center Street,
Mooresville, NC to Crossroads Providers: At the agenda briefing, Crossroads Director
David Swann requested permission to sub -lease space to mental health providers at the
Statesville and Mooresville sites. He made the request due to Telecare Mental Health
Services terminating its contract as of December of this year. Swann said advance permission
for the sub -leasing would help in providing a "smoother transition with the new provider
organizations."
-------------------------------------END OF CONSENT AGENDA -----------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Nursing Home Advisory Committee (1 announcement)
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APPOINTMENTS TO BOARDS & COMMISSIONS
Animal Grievance Committee (2 appointments): Commissioner Williams nominated
Cynthia Andrews.
No other nominations were submitted, and Chairman Tice made a otion to (1) reappoint
Andrews and (2) postpone the remaining appointment until the November 15 meeting.
VOTING: Ayes — 5; Nays — 0.
Planning Board I appointment): No nominations were submitted, and Commissioner
Johnson made a motio to postpone the appointment until the November 15 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Communitv Advisory Committee 6 a ointments : No nominations
were submitted, and Chairman Tice made a notion to postpone the six appointments until the
November 15 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee 1 appointment): No nominations were submitted,
and Chairman Tice made a motion to postpone the appointment until the November 15 meeting.
VOTING: Ayes — 5; Nays — 0.
SPECIAL PRAYER FOR THE MASHBURN FAMILY: Commissioner Williams
said it was a very trying time for the county manager's family. Williams encouraged
everyone to send a sympathy card to the family or to keep them in their prayers due to the loss
of their son and brother. Williams said the county was fortunate to have a man, such as Joel
Mashburn, who had such strong Christian beliefs.
Commissioner Johnson then led everyone in the following prayer for the family.
"Heavenly Father, we've all been here a number of years, and we've come to admire
Joel and his family. From time to time, we've had our differences, but we can honestly say,
we've never observed him to take a position on anything that would do harm to anyone he knew
or to this county. He's been faithful, and yet, Lord, in spite of his faithfulness, this great tragedy
and sorrow has been visited upon him. As mortal human beings, we don't always understand
your ways, and why you allow things to happen. But, as such, is the essence of faith. We pray
tonight that Joel's faith will strengthen that of his family, and that you will encourage him, and
draw him close to you. That Joel will remember through your presence the joy of his salvation
and that of his family members as well. While it may be a dark hour, it may be his greatest hour,
when he arms his election in Christ. May he use this opportunity to bless the lives of those
around him, and the people in the future who will suffer a loss such as this. In the name of
Christ, we lift him up to you, and pray your blessings upon him and his family. In Christ's name,
AMEN "
ADJOURNMENT: There being no further business, Chairman Tice made a motion to
adjourn the meeting at 9:05 p.m. NEXT MEETING: November 15, 2005, 5 and 7 P.M., in the
Iredell County Government Center, 200 South Center Street, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approved:
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Clerk to the Board
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