HomeMy WebLinkAboutNovember_18_2008_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
NOVEMBER 18 2008
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
November 18, 2008 at 7:00 P.M., in the Iredell County Government Center (Commissioners'
Meeting Room), 200 South Center Street, Statesville, NC.
Board Members Present
Chairman Marvin Norman
Vice Chairman Sara Haire Tice
Steve Johnson
Ken Robertson
Godfrey Williams
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Susan Blumenstein, Assistant County Manager Tracy Jackson, Planning
Director Ron Smith, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Nonnan.
INVOCATION by Commissioner Johnson.
ADJUSTMENTS TO THE AGENDA: MOTION by Commissioner Johnson to
approve the following agenda adjustments.
Addition: *Request for Approval of Budget Amendment #25 in the Amount of $70,000
for the Appropriation of Contingency Funds for Parking Lot Repairs at the
Tax Department
• Closed Session—Personnel: G.S. 143-318.11(a) (6)
Deletion: • Discussion/Approval of a Developer's Agreement for the Langtree at the
Lake Special Assessment District Project
VOTING: Ayes — 5; Nays — 0.
APPOINTMENT BEFORE THE BOARD
• Presentation of the Comprehensive Annual Financial Report for Fiscal Year Ended
June 30, 2008 by Martin Starnes & Associates: CPAs Marcie Spivey and Amber McGhinnis
attended the meeting and presented the board members with copies of Compliance Letters, a
Comprehensive Audit Report, and a handout containing audit highlights. Spivey said an
unqualified opinion had been rendered, and the county's general fund at June 30 was
$42,665,173.00, with revenues at $159,673,785.00, and expenditures at $153,673,785.00.
Commissioner Robertson asked when the designated amounts for employee retirement
would have to be listed.
Spivey said Other Post Employee Benefits (OPEB) would need to be shown next year.
Blumenstein said this new requirement would impact the county by $2.6 million.
PUBLIC HEARINGS
Chairman Norman declared the meeting to be in a public hearing.
Case #0810-1; Request from Robbi Grayson, with Perth Landscaping Supply, Inc., to
Rezone 4.07 Acres from Residential Agricultural to Community Business Conditional
District (Location: Perth Road & Knotty Pine Road, Mooresville, NC): Planning &
Development Director Ron Smith shared the staff report for this case as follows:
EXPLANATION OF THE REQUEST
This is a request to amend the Iredell County Land Use Plan and rezone 4.07 acres at the corner
of Perth Road and Knotty Pine Lane in Mooresville from RA, Residential Agricultural Zoning
District to CB CD, Community Business Conditional District. The proposed use for the
properties is to continue and expand the existing garden center, which is a legal non -conforming
business. A conceptual site plan has been provided and is labeled Exhibit A. The proposed
changes include the addition of a greenhouse onto the existing building, the expansion of the
bulk material bins, the addition of a nursery area for potted trees, and moving an existing
drivewav to allow for better access for delivery trucks.
OWNER/APPLICANT
OWNERS: Perth Landscaping Supply LLC
1453 Perth Road
Mooresville, NC 28117
PROPERTY INFORMATION
LOCATION: Perth Road
and Knotty Pine Lane in
Mooresville; more
specifically identified as PIN
#s 4649-07-2159,4649-06-
3917, 4649-06-3729, 4649-
06-4990.
DIRECTIONS: South on
Perth Road, on the left across
from Honeysuckle Creek
Loop.
SURROUNDING LAND
USE: This property is
surrounded by residential
uses.
SIZE: The property is 4.07
acres.
EXISTING LAND USE: There is currently a legal non -conforming garden center operating on
this property.
ZONING HISTORY: This property as well as the surrounding property has been zoned RA
since county wide zoning was established. There was a request to rezone this property to HB
CUD in 2007. The Planning Board recommended denial of the request by a vote of 11-0 on
February 7, 2007. On March 6, 2007, Board of Commissioners held a public hearing on the
request and denied the request by a vote of 3-2.
OTHER JURISDICTIONAL INFORMATION: The Planning staff has met with Town of
Mooresville Planning Director, who felt this rezoning does not fall in line with the future plans
for the area. This property lies currently within a Peninsula Conservation area on the 2030
Comprehensive Land Use Plan, which is intended to continue the pattern of low-density
residential uses around the lake. The Town would like to see all commercial zoning remain in
existing nodes on the Perth Road corridor at Highway 150 in Mooresville and near Autumn Leaf
Road in Troutman.
OTHER SITE CHARACTERISTICS: This property is located in the Catawba/Lake Norman
WSIV-PA water supply watershed. A maximum impervious area of 24% impervious coverage is
allowed under the low-density option. Although the applicant has not requested it, utilizing the
high-density option would allow up to 70% impervious coverage in the area.
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IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES
TRAFFIC: In 2006, the average number of vehicles per day on Perth Road was 8,900. The
capacity for Perth Road is 13,800.
SCHOOLS: Because this is a commercial rezoning, there should be no implications on local
schools.
FIRE MARSHAL: This proposal has been reviewed by the Iredell County Fire Marshal's
Office. The only concern from their stand point is the location of straw and/or pine needles.
These items cannot be stored inside the building. Although the plan does not show it, these
items will be located inside a small trailer in one or two of the proposed bins. Based on this
outdoor location, the Fire Marshal's Office has no issues with the proposal.
EMS: This proposal has been reviewed by the EMS Director and he had no problems or
comments with regards to the request.
REQUIRED REVIEWS BY OTHER AGENCIES
LOCAL: The applicant will have to provide a site plan to the Planning Department for review to
develop the property. Zoning requirements such as parking and screening will be reviewed at
such time. The current site plan has been reviewed for compliance with the Iredell County
Watershed Ordinance. The Erosion Control division of the Planning and Development
Department will review the plan for compliance with the County Soil Erosion & Sedimentation
Control Ordinance if over Yz acre of soil is disturbed.
STATE: Other than building code, there should be no formal state agency review at this time.
FEDERAL: None at this time.
STAFF AND BOARD COMMENTS
STAFF COMMENTS: Although this location has an existing legal non -conforming business,
the Iredell County Land Use Plan identifies this area as suitable for residential uses. The future
of the Perth Road corridor was studied in late 2007 and a Perth Road Study was adopted in
January 2008 by the Iredell County Board of Commissioners. This area, along with others, was
considered for future commercial land uses. However, it was decided that due to the close
proximity of commercial nodes in Mooresville and Troutman, that no additional commercial
areas were needed along the corridor. The plan specifically recommended that "petitions for
nonresidential rezoning of properties within the County's jurisdiction will not be supported by
the planning staff' and that "existing, legal non -conforming businesses should be allowed to
remain, although rezoning is not recommended."
An alternative to a proposed rezoning is available to the applicant. Section 4.4 of the Iredell
County Zoning Ordinance allows an owner to expand a structure related to a non -conforming
use. This would allow for the greenhouse addition on the conceptual plan marked Exhibit A.
However, this would not permit the applicant to expand on open uses of land that were not
legally occupied by those uses when it became non -conforming. In this case, it would prevent
the applicant from expanding the bulk material bins and from having the nursery as proposed on
the conceptual plan marked Exhibit A. The arboretum would be permitted in either case.
The rezoning of the property does not fit into the future land use plans of the Town of
Mooresville either since their plan calls for low-density residential development.
Based on lack of compliance with local land use plans, the Planning staff cannot support the
proposed rezoning request.
PUBLIC INPUT MEETING: The Public Input Meeting was held on August 18, 2008 at Perth
Landscaping at 1453 Perth Road. Approximately 16 people attended the meeting. Their
questions pertained to the impacts on their property with regards to traffic, noise, lighting and
condition of the ditch along Perth Road. Mostly the attendees seemed to be in favor of having
the proposed changes take place. As a result of this meeting, additional conditions were added to
the request concerning truck delivery times, signage, and screening along Knotty Pine Lane.
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PLANNING BOARD SITE REVIEW COMMITTEE: Jerry Santoni visited this site with the
staff on September 16, 2008.
PLANNING BOARD ACTION: On October 1, 2008, the Planning Board voted 9-0 to
recommend denial of this request and to advise that it is inconsistent with the Iredell County
Land Use Plan.
Robbi Grayson, the applicant, said the following five improvements were planned for the
site: (1) construction of a second entry way on the north side of the property (2) addition of a
climate -controlled greenhouse (3) installation of a water cistern (4) addition of an arboretum and
(5) a tree nursery. She said the daily truck volume varied throughout the year with the spring
time being busiest at two trucks a day. Grayson said conversations had occurred with her major
suppliers and most deliveries were between 9 a.m. and 3 p.m.
Commissioner Robertson asked if a conditional district designation stipulated what type
of construction materials had to be used for the greenhouse. (He used the example of plastic and
staples.)
Smith said Grayson could use any type of material; however, if the rezoning were
approved, the motion could stipulate the types of construction materials that could be used or not
used.
Jack Davis (opponent) said the neighborhood started complaining about the landscaping
business about five years ago. He said there had not been any enforcement of the county
ordinance during that time, and the property owner had been given a "free pass."
David Turner (opponent) said the business was a legal non -conforming operation and that
spot zoning was illegal.
Lance Desmarias (advocate) said he supported the rezoning request and the improvement
plans of the applicant.
Steve Carboneau (advocate) said the applicant's plan would beautify the area.
Brian Nelson (advocate) said he supported the plan and the site would be improved.
Tom Noell (advocate) said he was one of three full-time employees of the business, and
the improvements would make the site esthetically pleasing.
Russell Smith (advocate) said he resided in Barium Springs and the garden center was
appreciated. He said the owner had made many improvements, and she had tried to correct some
of the problems.
Junetta Dlugokecki (opponent) voiced concerns about the request due to the site being in
a protected watershed area. Ms. Dlugokecki said the property was still owned by Odell Stamey,
and the business was in violation of the zoning ordinance due to a mulch pile. She also
mentioned concerns about not having anything to bind Ms. Grayson to the proposed
improvements.
Van Stamey (brother of Robbi Grayson) said his father, Odell, had given the property to
his sister, Robbi. He said the neighborhood would improve with the site additions.
Ronnie Fruia (opponent) said there had been much talk about beautification, but he
hadn't heard of any improvements on the property's north side. Fruia said recently, two trailers
were brought in opposite his front porch. He said the business had depreciated his property's
value, and he had been offered less than $70,000 for two acres. Mr. Fruia also mentioned the
mosquitoes that were drawn to the water holes at the business which made it difficult for him to
enjoy being outside while on his own property.
Louis Spartan (advocate) said he was a customer of the garden center, and he was in
favor of the improvements.
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Marna Saunders (advocate) said she supported the project, and the business would be an
asset to the community.
Trip Reid (advocate) said he was Ms. Grayson's son, and everything his mother tried to
"tackle" was done in a "first-hand way."
Scott Eekholt (advocate) said he was Ms. Grayson's banker. He said that he couldn't
confirm whether or not Ms. Grayson was the property's registered agent, but he could confirm
that she made the loan payments.
Commissioner Williams asked Grayson how long it would take for the improvements to
be finished.
Grayson said the biggest part of the work was the excavation and installation of the
concrete pad for the greenhouse. She the arboretum and buffered areas needed to be designed.
Grayson said she understood that within 18 months, she had to start the improvements.
Commissioner Williams asked if Ms. Grayson's improvements were a part of the
conditions.
Smith said everything associated with the site plan was tied to the request as conditions.
He said pertaining to the hours for deliveries, his staff couldn't enforce this stipulation.
Williams said this included the road, the arboretum, and greenhouse, even though the
construction materials (greenhouse) were not included, and there were 18 months for completion.
Grayson said the 18 months was the time span to begin the work -- not for completion.
Smith said the conditional district had a provision stipulating projects had to begin in 18
months; otherwise, the requests would be reassessed.
Williams said it appeared then, that the road might be built in 18 months, but five years
from now, the arboretum might not be built.
Smith said this was correct.
Williams asked how the site might be used if Grayson sold it.
Smith said, "The beauty of the conditional district is that property owners are tied to the
plan." He said a ten percent change could be approved by the planning department.
Grayson said she preferred not to piecemeal the improvements, and assuming the
financial market didn't stall her, she hoped everything could be completed by the spring.
Commissioner Robertson said he understood that screening vegetation was a part of the
conditions.
Smith said this was correct.
Commissioner Johnson said he knew some enforcement had occurred on the site in the
past few years.
Chairman Norman adjourned the public hearing.
MOTION by Commissioner Robertson to amend the Iredell County Land Use Plan.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Robertson to approve the zoning map amendment and to
make a finding that the approval was consistent with the adopted Iredell County Land Use Plan
and that said approval was reasonable and in the public interest due to its consistency with the
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Iredell County Land Use Plan; as a result, said approval furthers the goals and objectives of the
Iredell County Land Use Plan.
VOTING: Ayes — 5; Nays — 0.
Chairman Norman declared the meeting to be in a public hearing.
Consideration of a Zoning Ordinance Amendment for Family Day Care Homes,
Article IX; SR 8: Planning & Development Director Ron Smith said currently the county
allowed up to five children in a family day care facility, and a request had been submitted to
increase the amount up to eight. Smith said essentially, the county would be in alignment with
what the state allowed (eight children), plus the Town of Mooresville, Statesville, and surrounding
counties allowed up to eight children.
Additional information from the planning department is as follows
CURRENT COUNTY ZONING REGULATIONS: Our current regulations allow up to five children in a family day care
home (in-home daycare). This is considered to be an accessory use to the principal structure. It requires a $55 zoning
permit and parking spaces at a rate of one per teacher or staff, plus one for drop off and pick up (for example: a
facility with 2 teachers would only require 3 parking spaces). It is permitted in all of our zoning districts.
If an operator of a Family Day Care Home would like to care for more than five children, they have to go through
the process of getting a Special Use Permit for a daycare center. This includes having a scaled site plan drawn, a
fee of $500, required play area at seventy-five square feet per child, and additional parking requirements including
stacking spaces, such as those at a bank or drive-thru restaurant.
CURRENT STATE REGULATIONS: The NC State Statutes regulate the licensing of Family Child Care Homes (in-home
daycare) in Chapter 1 10, Sections 86(3) & 91(7b). They allow five or fewer preschool age children (including those
that live in the home) and an additional three school age children. School age children that live in the home are not
counted. They do not issue licenses to those who care for either one or two children. This regulation was adopted by
the General Assembly in 1991 .
OTHER JURISDICTION REGULATIONS: The staff looked at other zoning codes to evaluate how other local
jurisdictions regulated Family Day Care Homes. The Town of Mooresville, the City of Statesville, Cabarrus County
and Catawba County, all have regulations that mirror the State regulations.
CONCERNS: On August 6, 2008, the Planning Board received information concerning the proposed amendment.
There were a few issues that arose during the discussion, including the total number of children permitted in the home,
Family Day Care Homes in an apartment, definition of a provider, and parking.
PROPOSED CHANGES: After the discussion during the 1" Planning Board meeting, staff met with Jennifer Griffith
from the Partnership for Children to try to address some of these issues. The applicant was also involved at this time.
The proposed changes have been made in order to address the concerns of the Board and still accomplish the goal
of the applicant, which is to be able to have eight children who are charged a fee in a Family Day Care Home.
The first item addressed was the total number of children in the day care. After discussion with the applicant, the
definition of a Family Day Care Home was changed to include the following statements: The family day care operator
may have up to a total of 3 of their own children under the age of twelve in the home that are not counted. Any number
over 3 would count towards the eight children limit. This should address the Board's concerns about a total number of
children in the home making the maximum number of children under the age of twelve a total of 11. This text also
addresses the concerns about a definition for the provider. The proposed change refers to children of the operator
of the family day care home, rather than those of the provider. The children of any other employees would have to
count as children who are being cared for, for a fee.
The second item addressed was concern from the Board about allowing these type facilities in an apartment.
Although the State has more stringent regulations for these facilities when located in an apartment, the staff and the
applicant addressed the concerns by prohibiting these facilities in the districts where apartments are permitted.
These changes can be found in Section 8.3.
The last major concern of the Board was the issue of parking. The State only allows 5 pre-school aged children in this
type of facility. Other children would be those that come after school and typically ride the school bus to the facility.
Therefore, only the cars that bring the 5 pre-school aged children would be dropping off children in the mornings.
Discussions with the applicant indicated that the drop-off and pick-up periods make up a span of about two hours. It
is a rarity to have two parents dropping off or picking up children at the same time. In some cases, more than one
child from a family is being cared for at the facility. The staff feels that requiring additional parking standards for
the proposed change is not warranted and would put an unnecessary burden on the operators of these facilities.
The proposed changes were presented to the Planning Board. The Board members still had the following concerns:
exposure of children under the age of 12 to an unlimited number of children over 12 years old and that increasing
the number of children causes additional strain on septic and wells. Some Board Members felt it would have a
negative impact on residential real estate values. The Board voted in favor of the proposed amendment, but not to
allow the use in R-8 and R-1 2 zoning districts by a vote of 5-4.
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Rita Dula, the owner of Safe and Sound Family Child Care Home, advocated for the
increase.
Tasha Hayden, the applicant for this request, said many parents had been turned down for
child care and she requested approval.
Jennifer Griffith, the Director of Quality Support Services with the Partnership for Young
Children, said her office monitored and inspected the family child care homes, and assisted in
maintaining compliance with the standards for county and state licensing. She said there were 51
child care homes throughout the entire county with 40 meeting the state guidelines for 8 children.
She said there were 10 homes that would be affected by the requested change. Ms. Griffith said
requests had been submitted to the Town of Mooresville and City of Statesville in the past to
allow eight children. She added that the ratios for family child care homes were much lower than
for child care centers which allowed one staff person, by themselves, to care for 12 to 24 children.
Don Wall, the Director of Social Services
the change would place all of the family day
provide additional slots for children.
Chairman Norman adjourned the hearing.
, recommended approval of the request. He said
care homes on the same "page," plus it would
MOTION by Commissioner Williams to approve the request as presented.
VOTING: Ayes — 5; Nays — 0.
The ordinance text will be amended as follows:
ARTICLE IX. SPECIAL REQUIREMENT NOTES TO THE TABLE OF
PERMITTED AND SPECIAL USES
SR 8. Family Care Home and Family Day Care Home
A family care home with six (6) or fewer persons or a family day care home with €we -(3) eight 8 or
fewer persons may be operated as an accessory use to a principal dwelling.
ARTICLE XIX. DEFINITIONS
Family care home. A building used as a residence for a family which is also used to provide
day care services on a temporary basis without transfer of custody for €rve4-5) eight (8) or fewer
children, for a fee. The family day care operator may have up to a total of 3 of their own
children under the ages of twelve in the home that are not counted. Any number over 3 would
count towards the eight children limit. (This should address the Board's concerns about a total
number of children in the home making the maximum number of children under the age of twelve a
total of 11.) (See SR 8)
ARTICLE X. OFF-STREET PARKING AND LOADING
Section 10.0 Off -Street Parking Requirements
C. Minimum Off -Street Parking Requirements
The following off-street Parking Space shall be required:
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Classification
Child care and kindergarten,
Less tha a eight or fewer children
Off Street Parking: Requirement: I space per teacher or staff, plus space for 1 car drop
off and pickup
Family Care Home will remain in only the single-family residential districts in
the use chart. (To eliminate any concerns the Board has about a family care home in an
apartment.)
Family Care Home will remain in only the single-family residential districts in the
use chart.
(To eliminate board concerns about a family care home in an apartment.)
ARTICLE VIII. TABLE OF PERMITTED USES AND SPECIAL USES Section 8.3
Table of Permitted Uses and Special Uses.
USE
R -A
RU -R
R -R
R-20
R-12
R-8
R -8A
R -O
0-1
NB
HB
SC
CB
G13
M-1
M-2
SR
TYPES
NAICS
family
X
X
x
x
X
X
X
X
X
X
X
X
4'
X
4'
8
day-care
home (3
8 or less)
624410
-------------------------------------------CONSENT AGENDA -----------------------------------
MOTION1 by Commissioner Tice to approve the following 13 consent agenda
items.
VOTING: Ayes — 5; Nays — 0.
(All items were summarized during the agenda briefing.)
1. Request for Approval/Signature of a Three Year Bell South Service
Agreement: Purchasing Agent Dean Lail said this Centrex phone service contract
would extend through December 2011 at a cost of $14,104.53 a month. He indicated
the charge was actually $845.70 less than the current contract rate.
2. Request for Approval of Budget Amendment #21 for the Acceptance of an
Urban Area Security Initiative (UASI) Grant that Provided a 2008 Chevrolet 3500
Heavy -Duty Pickup for Emergency Management: Communications Director David
Martin said a "prime mover," outfitted with a camper cover, had been provided to each
UASI county, and the truck would be used to haul mass casualty trailers.
3. Request for Approval of an Agreement Allowing Iredell Landfill Gas, LLC
& Iredell Transmission, LLC to Merge Together (both are owned by DTE Biomass
Energy, Inc.): Solid Waste Administrative Officer Susan Cornell said these two
companies had merged, and a consent agreement from the county was needed.
4. Request for Approval of Budget Amendment #22 for the Recognition of
$164,405 in Federal Equity Sharing Funds for the Purchase of Fifty 800 -MHz
Radios: Chief Deputy Rick Dowdle said the radios would operate with the sheriff's
CAD and VIPER systems.
5. Request for Approval of Budget Amendment #23 in the Amount of $28,108
for Wayside VFD Repairs (floor & parking area repairs at the Main
Station/Salisbury Road): Fire Marshal Lloyd Ramsey said the Fire Tax Board had
approved this $28,108 expenditure from fund balance for the Wayside improvements.
6. Request for Approval of Budget Amendment #24 in the Amount of
$250,000 for the Construction of a Central VFD Substation (Location:
Intersection of Linney's Mill Road & Barker's Grove Road): Fire Marshal Lloyd
Ramsey and Central VFD representative Robert Simmons said the Fire Tax Board had
approved an expenditure of $250,000 from the ratings improvement fund for the
construction of a Central VFD substation. Simmons said the new station would provide
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coverage for the residents in the "no man's land" areas, and the site location would be
near the edge of West Iredell's six -mile district.
Ramsey said once the station was built and approved by the Department of
Insurance, the residents would have a nine insurance rating. He added that in March,
five VFDs would be rated by the Department of Insurance.
7. Request for Approval of the Firefighters Relief Fund Board of Trustees:
Fire Marshal Lloyd Ramsey said the following individuals had been recommended as
trustees for the 2008 Firemen's Relief Fund. Ramsey said each VFD would receive '/2
of 1% of the Homeowners Insurance written in its district for the local relief fund that
could be disbursed to firefighters having financial or emergency situations.
Department
Name
Name
Central VFD
Russell Ray
Jim Reavis
Cool Springs VFD
Kenneth C. Secrest
Wade T. Campbell
Ebenezer VFD
Wayne Smith
Harry Frye
Harmony VFD
Matt Baldwin
Timothy Frye
Lake Norman VFD
Howard Neel
Lamont Thompson
Monticello VFD
Wayne Mayberry
Mary Summers
Mt. Mourne VFD
Christopher Goodrum
Gary Craven
Shepherds VFD
Ryan Stotts
Tim Conley
South Iredell VFD
Brian Weatherman
Carl Thompson
Trinity VFD
Amy Goodman
Paul May
Troutman VFD
Gordon Troutman
Wesley W. Edmiston
Union Grove VFD
Ailey P. Brown
Nolan Shumaker
Wayside VFD
AnthonyArmstrong
Timothy Warren
West Iredell VFD
David T. Bennett
John Byers
8. Request from the Human Resources Dept. for Adoption of the Following
Items Effective December 1, 2008: (1) Shared Leave Policy and (2) Policy
Revisions to Article VI of the Personnel Ordinance, the Drug and Alcohol Testing
Policy and the Vehicle Operations: Human Resources Director Carolyn Harris and
Safety Officer Larry Ray briefed the board about these items.
Harris said a new policy to allow employees to assist co-workers suffering from
medical conditions was proposed. She said employees could donate leave time
(minimum of four hours) to a "bank," and then other employees could make requests for
assistance. Harris said that due to HIPAA laws, the names of the employees seeking
assistance could not be divulged unless they signed a consent form.
The new policy is as follows:
IREDELL COUNTY SHARED LEAVE POLICY
This policy provides an opportunity for employees to assist other employees affected
by a serious medical condition that requires their absence from work for a prolonged
period of time resulting in possible loss of income due to lack of accumulated paid
leave.
Under this policy an employee may elect to donate unused accumulated annual leave
hours to a "leave bank" that may be shared with other employees. Eligible employees
may request leave from the bank once each 12 -month period measured backward from
each date an employee requests leave.
Eligibility:
All regular employees who earn benefits and have been employed with the County a
minimum of twelve consecutive months are eligible to donate or request leave.
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An employee who is unable to work due to a personal accident, chronic illness or major
medical condition is eligible to request leave. The medical condition of the employee
must meet the criteria of the Family and Medical Leave Act (Refer to Family and/or
Medical Leave Policy).
Donating Leave Hours:
1. An eligible employee may voluntarily elect to donate a minimum of four
hours of annual leave. Leave must be donated in four-hour increments.
2. December is designated as the annual donation period. However, donations
will be accepted at any time an eligible employee elects to make a donation.
3. An employee who wishes to donate annual leave to the leave bank must
submit a completed "Shared Leave Donation" form to Human Resources.
4. The donating employee's leave balance will be reduced immediately by the
amount donated, and the new balance will be reflected on the employee's
leave balance for the next available pay date. The annual leave balance of
the donor can not be reduced below 80 hours.
5. Once annual leave is donated to the bank, it may not be returned to the
donating employee.
Requesting Leave Hours:
1. An employee who wishes to request leave through the Shared Leave
program must complete an "Application to Receive Voluntary Shared
Leave" form and submit it to his/her supervisor for approval. The
department's determination as to whether or not an application is forwarded
is based in part on the employee's past compliance with leave policies.
2. Once approved by the supervisor and department head, the employee must
forward the form along with a family and medical leave doctor certification
form indicating an anticipated absence of at least 160 consecutive work
hours for a serious health condition.
3. The following conditions are NOT eligible for shared leave:
a. Short term or sporadic conditions or illness
b. Normal pregnancy
c. Absences resulting from Workers Compensation claims
4. An employee may receive a maximum of 12 weeks, prorated by work
schedule, of donated leave each 12 -month period measured backward from
each date an employee requests leave through the shared leave program.
Shared leave may not be used to extend an employee's time in leave status
beyond six months from the last date worked.
5. Human Resources will review the application, submit it to the County
Manager for consideration and notify the employee of the decision.
Administering Shared Leave:
The Human Resources Department will establish a system of leave accountability
that will accurately record leave donations and recipients' use. This will include
maintaining a list of employees donating annual leave and the dollar value of the
leave as determined by multiplying the number of donated hours by the employee's
current hourly rate. The process will also include notification to donor, recipient
and their department heads, and the finance department the amount of leave granted
and deducted.
1. The approved amount of shared leave will be credited to the recipient's sick
leave balance after all sources of the recipient's own paid leave have been
completely exhausted.
2. During the period an employee is using shared leave, the employee
continues to be in a leave earning capacity, and continues to accrue vacation
and sick leave and paid holidays during the period. This leave must be
exhausted as it is earned.
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3. Donated leave can not replace leave already used by the employee.
However, shared leave can replace any sick leave that had been advanced to
the employee.
4. Shared leave taken under this policy will count toward the total unpaid leave
available under the County's maximum leave of absence policy.
5. Each department is responsible for the accuracy of donor and recipient leave
records and employee time sheets. Departments are also responsible for
initiating a Personnel Action Form when a shared leave recipient exhausts
all leave.
6. Donated leave is taxable to the recipient. The dollar amount of any donated
leave will be included on the recipient's W-2 as income.
7. Direct solicitation of donated leave is strictly prohibited. However, the
Human Resource Director may circulate a blanket request for donations if
not enough leave is available to meet requests.
8. In the event the receiving employee does not utilize all of the donated hours,
the balance will be returned to the bank.
9. Available banked leave hours will be determined by the requesting
employee's hourly rate of pay and rounded down to the nearest hour.
Return To Work:
During the period of leave, the employee must report on his/her status at
reasonable intervals (generally two weeks) and intentions to return to work. Ar
employee should notify the supervisor immediately in writing if he/she will not
be returning from leave as planned.
2. Failure to report back to work at the end of the scheduled leave may be
considered a voluntary resignation. If deemed necessary, the Department Head
or County Manager may revoke continuation of any previously approved shared
leave.
3. A Medical Leave — Return to Work Form must be submitted to the supervisor
when the employee returns to work to certify the employee is able to return to
work and perform the essential functions of the position.
4. If a shared leave recipient leaves employment, shared leave ends as of the
separation date.
Continuing, Harris, reviewed changes to Article VI of the Personnel Ordinance
as follows:
ARTICLE VL HOLIDAYS AND LEAVE
Section 5. Annual Leave
D. Employees must be in pay stattis for at least halfthe payrall period to eam leave
credits Annual leave will be accrued on a pro -rated basis when an emplr�pee
is not in pap status the full pap period. The amount of accrual will be
determined by the number of hours the employee is in pay status.
Section 6. Sick Leave Rev 1/1/97
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:
1. 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 14 of this Article.
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B. 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 at the rate of
3.6924 hours each pay period (pro-rated for employees working fewer or
greater hours as established as the basic workweek). This base rate will be
pro-rated based on the number of hours an employee is in prry .status
daring the puts period. 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.
E. As a condition of approving sick leave, 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 th,a
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F. Employees on sick leave for more than five (5) working days_°�
„a.'? ._.,,,•' , r,rtr 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.
G. The county manager may advance sick leave to an employee who has
exhausted annual and 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.
H. 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 leave left over.
I. Unused sick leave earned from another North Carolina governmental
agency and/or entity will be accepted and transferred to the county as
follows:
I. The governmental entity was the employee's place of employment
immediately prior to their employment with Iredell County.
12
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.
J. 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:
I . 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.
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.
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H. 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 on a pro -rated basis
determiner! Iry the number of hours the etnphgyee is in pay status during
the pUy period. during any cal0...7.,.- month that the employee ; of on t o
payroll half the mornh-.
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 8 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
13
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.
Eli ig bility 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:
1. The employee has a serious health condition incurred either on or off the job,
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.
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.
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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
14
I . 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 ta(a) restorative surgery following an
accident or injury; or (b) condition that requires ongoing treatments to avoid
extended incapacity (cancer, severe arthritis, kidney disease).
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). If 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.
15
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 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.
16
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
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 net be accrued on a Pro -rated basis determined by
the number of hours an employee is in pay status during the pay period
duringanycalendar month of 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.
4. 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 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.
5. 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.
6. The availability of other plan benefits during FMLA leave is governed by each
benefit booklet.
Harris reviewed revisions to the drug and alcohol testing policy. Commissioner
Robertson recommended that the collection sites, or labs, have witnesses for the
testings.
This policy has been amended as follows:
IREDELL COUNTY DRUG AND ALCOHOL TESTING POLICY
GENERAL STATEMENT
The use of illegal drugs and misuse of legal substances by a significant segment of the
American workforce has major adverse effects on the welfare of all citizens and results in the
17
loss of considerable money and productivity each year. Because the safety of its employees
and the delivery of services to its citizens are adversely affected by alcohol and substance
abuse, the County cannot afford to ignore this critical problem.
As an employer, Iredell County is committed to provide, within its means, a healthy and safe
work environment; to provide the best possible services to County citizens; to maintain the
public's confidence in its employees; and to protect the County from the economic losses that
can occur due to alcohol and drug abuse. There is no reason to believe that illegal drug use or
substance abuse in the County is greater than any other workplace; nevertheless, the well-being
of County residents demand that the County takes the actions necessary to insure that substance
abuse and illegal drugs are devoid within its workforce.
PURPOSE
The purpose of this policy is to promote and maintain a drug free environment in the work-
place and to protect employees and the public by insuring that Iredell County employees are fit
to perform their assigned duties. Employees are expected and required to be in a condition to
safely and effectively perform their duties throughout the workday. The County also recognizes
that its employees' off -the -job, as well as on-the-job, involvement with drugs and alcohol can
have an impact on work productivity and on its ability to provide a work environment free from
the effects of alcohol and drug abuse.
The public has a right to expect that those who work for county government are at all times
both physically and mentally prepared to assume their duties. With this objective in mind, the
County hos contFooted with T.: Count) Mental Health to will provide a comprehensive
Employee Assistance Program to help employees deal with substance abuse or other personal
problems which may be affecting theirjob performance or well being.
As a public employer, the County is entrusted with the health and safety of its citizens. In
keeping with this obligation, individuals who seek employment with Iredell County shall be
required to undergo a drug screening procedure.
EMPLOYEES AFFECTED
This drug testing policy shall apply to all Iredell County government employees with the
exception of appointed members to any departmental boards, elected county officials, and
agricultural extension agents who are covered under the North Carolina State University
Substance Abuse Policies.
RESPONSIBILITY
The County Manager
The County Manager is responsible for ensuring that all Iredell County agencies adhere to this
policy in all matter relevant to it and for determining what disciplinary actions are taken with
current employees based on guidelines described in the document and County Personnel
Ordinance.
The Sheriff
All applicants for and all employees in positions subject to the provisions of the North Carolina
Criminal Justice Training and Standards Commission, will be subject to the drug testing
policies and procedures of the Commission. The Sheriff shall be responsible for the testing and
reporting requirements in accordance with the specifications published by the Commission.
Non -sworn personnel are subject to the same guidelines as all other employees.
The Human Resources Director
The Human Resources Department is responsible for coordinating training pertaining to the
county's drug testing policy, for disseminating the policy to county departments and informing
new employees during the orientation session. Any confidential information on substance
abuse may be communicated by the HR Director to the proper authority on a need -to -know
basis.
The Department Managers
All Department Managers are responsible for ensuring that supervisory personnel attend
training pertaining to Iredell County's substance abuse policy and are familiar with and adhere
to the new requirements of this procedure. Department managers are also responsible for
disseminating information of the County's policies or procedures on this subject to all
employees. In cooperation with the HR Director, Department Managers will be responsible to
follow through with the proper application of the procedures, and take any disciplinary
measures that may be necessary.
Employees
18
All Iredell County employees are responsible for knowing and adhering to the requirements of
this policy. Employees are also expected to share the responsibility of ensuring that the
County's workplace is a safe one, free from the dangers which are associated with the abuse of
alcohol or other drugs in the work environment. Any employee having a reasonable basis to
believe that another employee is illegally wrongJedly using, or is in possession of any
controlled substance should immediately report the facts and circumstances to his/her
supervisor.
CONSEQUENCES OF A POSITIVE DRUG TEST RESULT
An applicant shall be denied employment with Iredell County if his/her drug test is positive.
Such an applicant may be considered for future employment after a one year period or upon
submission of documentation satisfactory to the HR Director showing successful completion of
a drug rehabilitation program.
Except as otherwise provided in this policy, an employee who has a positive drug test result
will be subject to disciplinary action up to and including dismissal. When making
recommendations for disciplinary action, supervisors and department heads should consider
factors which include:
(a) The employee's work history;
(b) Job Assignment;
(c) Length of service;
(d) Current job performance;
(e) Existence of past disciplinary actions.
An employee who voluntarily, without reasonable suspicion of a supervisor, identifies
him/herself as a drug user is subject to the same provisions as outlined herein map be referred
to GAP and .subject to provisions of this policy. An employee permitted to continue
employment and receive assistance under the Employee Assistance Program (EAP), will be
required to utilize approved accrued sick leave, annual leave, compensatory time, or leave
without pay for all time away from work atter the initial EAP assessment/appointment.
DEFINITIONS
"Applicant" means any person who applies to become an employee of Iredell County.
"Approved Laboratory" means a laboratory certified to perform drug screening or testing.
"Chain of Custody" is a written record of each individual who has handled or had access to
any specimen which has been collected, stored, tested and retained. Chain of custody shall
include the identity of each individual who has had possession and control of any specimen, as
well as the dates, times and locations of such custody.
"Controlled Substance" is any drug determined as such by the Federal Drug Administration,
or any drug for which possession without a prescription is prohibited by the laws of this State.
"Employee" means, for the purpose of this policy, any person whose position is included in the
Iredell County Classification Plan or any person receiving salary payments based on the Iredell
County Pay Plan. This definition does not include elected officials.
"Employee Assistance Program" means the program of services provided to County
employees through an v obtained br the Cowin. "'t'' T'' Gaunt), Mental
Health. These services include assessment, evaluation, counseling and referral to treatment and
follow-up procedures.
"Impaired"
means under the influence of a substance while an thejob such that an employee's
1110t0f afld/Cff SeHS0FYftfflCtifflI (e.g., Sight, hearing, balance, coordination, reaction, reflex) a
judgment are
"Medical Review Officer" is a licensed physician whose services are obtained by the County
to whom all laboratory tests are sent and who reviews and interprets all positive laboratory test
results.
"Possession" means to have a controlled substance either on or in an employee's person,
personal effects, motor vehicle, tools, or areas substantially entrusted to the control of the
employee such as desks, files and lockers.
"Reasonable Suspicion" means a belief based on specific objective facts and rational
inferences drawn from those facts that an employee has consumed or is under the influence of
19
alcohol or illegal drugs while at work. Circumstances which constitute a basis for determining
"Reasonable Suspicion" may include, but are not limited to:
(a) Observable occurrences, such as direct observation of drug use and/or the physical
symptoms of being under the influence of a controlled substance or deco>hol arse
(b) A report of ale(Ihol or drug use by an employee while at work, provided by a reliable
and credible source.
(c) A pattern of unexplained preventable accidents and/or information based on specific
objective facts that it controlled eubelanic or alcohol may i,ave, etas
caused, or contributed to an accident at work v pile undIo_ the influence of drgs or
alcohol.
(d) Evidence IrrJmrmalion that an employee is involved in the unauthorized possession,
sale, solicitation or transfer of drugs ,i a/( Vim' while working or while on the County's
premises or operating or in possession of a County vehicle.
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(h) llo%ilio €s requiri;fq dhe 1 emdl£t£1'of ha"Urdous inaleried s, ehe wishein lin of which
tneg place ale emplegee, Icilow t'tP9jlifs, ec% PIP. list' "lule `elip ublic ell rill, o/ t'riou%"
inn y, or the P alure £kf whish wouldi i s edaf' di scrurit'r risk in the workpilu e,
(C) Oth4'r" Issas{Fits ils (lel"I mined sm a , aw-%J}-citte alis.
Deferlt )muton as YO which pos77tons are tafi,li-temilive will he hated on diep arlinela heart
recortaaale6lrltrPica6(ti with approval tri• the coimz r Inanager.
"Specimen" is a sample of an employee's urine or a breathalyzer obtained under the
supervision of medical or authorized personnel for the purpose of determining the presence of
alcohol or drugs.
'*Substance"
is a controlled dangerous substance, alcohol OF other substance which impairs a
person's normal ability and/oFjudginem.
"Substance Abuse" means the use of a controlled substance without medical supervision or
direction or, "without prescription." •Ahich impairs, while ^^ the o al ability
. d"or: a_, em
"Threshold Level" is the level of concentration of a drug in a specimen which will be used to
decide if a specimen is positive or negative for drug use.
"Unfit for duty" means that a supervisor has an articulated reasonable belief that an employee
is impaired and would be incapable performing his/her assigned duties and responsibilities
and/or relrrc<vrr£Pe r44, fo himsell4ter,cell or others.
DRUGS TO BE TESTED
When drug screening is required under the provisions of this program, a urinalysis test will be
conducted to detect the presence of the following mss. controlled substance as defined in
North Carolina General Statute 90-87(5) or metabolite thereof.
(a) Amphetamines
(h) Barbiturates
('sem e
Methaqualon
t�es
(s) Phencyclidine (or'o)
(g) THC (.�*i'T)
(h) Berizediazepines
20
defined in North Carolina General Stat on to e7(5) ,. metabolite thereof .
The content level of each substance needed to determine whether an employee has consumed o
is under the influence of a drug listed abo� e will be determined by a certified toxicelegist of the
approved laboratory -
Any employee found to have Hhused used prescription drugs contrwy to the medical
prescription will be subject to the terms and conditions of this program.
APPLICANT TESTING
All applicants for employment with Iredell County are subject to the testing provisions of this
program.
All applicants for employmentwith lFedell County Ali!! be provided with 'A,Fittefl FlOtifi6atiOfi 0
this drug testing policy. The notice shall include the following information:
(a) The reason 14 drug testiov�
(b) The c .ostances tinder which testing na berequired;
(c) The procedure For confirming an initial positive tett result;
(d) The consequences of a positive drug test result;
/e\ The consequences of refusing to undergo a drug test
Drug testing of applicants will be done as part of a pre-employment requirement
Forpersonnel that require a pre employment physical, The Human Resources Department will
normally schedule the physical examination and drug testing for only the applicant tentatively
selected for employment. However, the Human Resources Director has the discretion to
schedule more than one qualified applicant for a physical and drug test in circumstances where
time is critical in filling a position. Applicants scheduled for a drug test will be asked to sign a
consent form authorizing a drug test and permitting release of the test results to County officials
with a need to know. The consent form will provide space to indicate current or recent use of
prescription or over-the-counter medication.
A job applicant who refuses to consent to a drug test will be denied employment with Iredell
County.
The Human Resources Director may delay drug testing in cases of temporary employment or
part-time employment.
CURRENT EMPLOYEE TESTING
Pre-ulacement
Gmhlol ce, it ho ore nzrarferred or pronrntecl to cr �o/ctr-lcasilh r po,eition, frill he
r cc/riir cel Io /ions a pr e-tolancmenl drti,> IeeL
Random
Enrplurre, rri'sillnral to liusilians dreu arr drtrill Imcd to hr' so/i'fi-rrneilhr uidrlinrd hrrcin
gill he rcmdomh rrcna/ /hr ale ohol and (h ngi. Random Icvlimr tol (h 1(I"and olr ohol rlxrl/ he
c nndnctrd at thy° rare° lluimialcd hr 001 ander rhe, Curmil I Cunrrollcil Snhcrunc(r cwli 1h chin
TCill/i ,' fui Fmplorcrc frith ( onrnrer( iu/ I)rh c/ ' I r( race (( O1) Poker.
lhr;imiloin R'cl iri/I he muuriruunc ^d curd spread t/tron'_ihnut the rear. ffuuraa Rcavxuz cfrill
oold) departnrcnl n(ardc )rheit tect,c crrc, to he colldl,( h'd. the dcpen7ntenl /read m superrisor'
11 i11 rakr, thr rnrplurrc to drr i ullrt lion vile imnu'dnrtrlr a/Gcr adricin r Ihr <nrpiur(v Ihat hr he
hun hccn s�•l�c d -
Post Accident
F_mplgrees will be tested for the presence of drags and alcohol following are on -the -Job
accident ander the fLllowing circumstances:
(a) The loss of life ufsomeoae inrolred in the accident.
(b) :1 n iniar3- to someone inroleed that rc quires n�anspoi-t io a hospital or nretlical
lacility.
21
(t 71sers, is Olt d)stteiefiLte lT7"@lJ£'7"Ti` flet/Atte fit" loused£ to she rehielf so the evisusi if
insist he umi'td.
Is/) I here,is reasmiahle sustpieion fh at the ak cidfenl essis i ausefl hr the errant€es ee
heirs, under rhe inethiem v ref tlett,,s err alcohol.
hails/m e es rtntst ttoofti i/evir f ulrerrisor ot'1he as cute w see sows its 1p£rssihty ser aff his vstiy-tttion
4 an be t'(slidin fed ffttld trf"f"t€rt;; Prnf fits /os is (eF"fd,,,? it,%I settn he netlih" The f'1171s t)ree will be felted
Lis sfrf#e It% (poa %ihle, but isw ne et:4 c'etd 8 atoms" Im ali ohol testin, and 3 ' INiP#Rs lof €tree„,'
Ictlim" .'lit ynllphs sw involved in an aci lew inissi se f titin j°rom ethohol use, jiff eit hl1swir%
fidhm,inl- the, tisci dew 0r un if hs'sha' una iv',,,sws a ltusi-at'{'hhust alcsphol treat, lit the evens
chat she fat{ohisf le%t it nol Offrll tktd4PppC't1 tvithin Itvo hours lollssicht'y an sit e4slent, the
su ped"Piwi Nutt) prepare a PPC€uYd indeh taing; 3cle' she it, traf not 1perfolYnetd 1prom pall liter'
vi,hi hours no lurlher ainwilfts will he ma dv tri t'crrnlph, tsiih titc-tpheel tcestinl; srrrtl fhr retrsrpars
Ior mei tf,atirr;! wilt he thn isrnented. lit the evswi thea et elite;; tease it not perlorinvel ;cithin 3y
hours ffrtlfns let,',' an swetttew, no life then hitt/ pis ttt sett will este made sind she it'sis ns jos not
irstirr„, kill be floe uniensevel.lid em pessrNP d'tnr mst refurn hs el ettftr tl'-4Pr}sett i'f job f lnetion
fnttii the iesihir: w%i des wen ash, ffPF mvs its freds,11 ( fli nsl% tf there sets' test n(tr1-svif['lt-
upit4ttive job lunctio ,, the cvnlrlttl` e snare he femp or drib' fusepisulvest /rout all Iddlli{es.
It is etre ensplll Fce's i'esponsibiltl), to follow estahlifle d (o feel` p7'sfs etim es anit'm
ii74trin it. it Pts Olfitte (itlion if uAs'lt Us tnelet she fedin, Pequiremenif..'lit eml)l{r cs, taihiect
its the 17t14t-CfCt'ftdt'nt l estin- whL1 111silet c'sturi"ll, leaves the scene flf als acciel 'nf helin'd,
ft I's,gteri'etd test is tetdinini%ferefd drd',fttihs ter remain resudtll, ft ailt hle fin- living, nils ' be,
deemed to have reffsseslltp s�rabmil is) lcesihi,,.
Orr-the-jnh is sh inefl sisf tiff ct=rtrpsltrti` lsrtrp*c^rti'e int luslin- laftrlci tri leets,° tet jos sif es'
drivilw rat' r'iflin" cts a 1pa%sel er in a colinfl' vchic le orl,rivate vehicle tree€t ftor swuntl
huainess: on counti, finis even if of/ cnaaallcrn}'/Iretrrisc's (lnchii ebb lunch and rest
br etth,w),
Reasonable Suspicion
A department head who has reasonable suspicion (defined herein) that an employee in his/her
department is using or under the influence of drugs r alcohol isms, he in violsttion of this pofis j
should contact personnel to schedule a drug test.
Before a drug test is administered, the Department Head hall ask the employee s1111 he
regish efl to sign a consent form authorizing the test and permitting release of test results to
County officials with a need to know. When a supervisor has reasonable suspicion that an
employee i impaired and, therefore unfit for duty d to os' substance abuse, the supervisor
must arrange for another supervisor or manager to verify his/her reasonable suspicion. Itis
cm;m; to A supervisor shouht to be able to clearly articulate and document the odd or
unusual behavior giving rise to his/her reasonable suspicion that an ernplo ee is impaired dto substance tic The supervisor should request the employee to come to a confidential area,
away from the work station and other employees, and ask the employee to explain his/her
behavior.
if it if Ideseermine d et ffetf should Its, conehiefeff, th£' euperrifor ;sill enface the k'M/Vovee to tete
fr'stin;" rile. . 911 in fin -radon rektted iff she ire istesst ;;hiss- rise to ii,a%o cable sits lit ims and
she insrrvis,;v ;t ifh the c enlphevef tihoultd be, thst'AtfXtelavel amt she re por l 4t,nytl hi, rfir
su per'vivws or notnal-er% Avho Ivitesesscd1 the unfdstial hehavior.
Nothing in this procedure should be interpreted as preventing a supervisor from taking any
immediate action necessary to ensure the safety of the employee, his/her follow workers, or the
public, such as preventing the employee from continuing to operate tools or equipment in an
unsafe manner.
An employee who refuses to consent to a test, when reasonable suspicion of drug or alcohol
has been identified and deet onto,', will be recommended for, and subject to, dismissal under
Article V41-, GI I I_ Section 9 -,"(Failure in Personal Conduct) of the County Personnel Ordinance.
An employee requesting dclay(s) of a drug test scheduled under the provisions stated in this
document, or failing to appear for the test, will be considered to have refused to consent to a
drug test and become subject to the provisions stated above.
IO] I O11 I II II SII`�(i
22
All safety -sensitive employees who previously tested positive on a drug or alcohol test
and allowed to remain employed will be required to undergo frequent, unannounced
urine and/or breath testing following their return to duty. The follow-up testing will be
performed for a period of one to five years with a minimum of six tests to be performed
the first year. The frequency and duration of the follow-up tests beyond the minimum
will be determined by a qualified Substance Abuse Professional. The employee is
required to follow the plan developed by the SAP.
THE TEST
Normally, a urine test will be used to determine the presence of drugs and a breathalyzer exam
will be utilized for detection of alcohol. Guidance and instructions in administering the tests
will be provided by an approved laboratory to insure that proper steps are followed in collecting
and evaluating samples. A strict chain of custody will be maintained by all personnel involved
with the sample collection, transporting and testing.
If a test result is positive, the employee or applicant will be notified in writing by the HR
Director of the test result. The letter of notification shall identify the particular substance
found.
Applicants and employees who test positive for illegal drugs may consult with the Medical
Review Office (MRO) to provide evidence which may justify a positive test.
MANDATORY EMPLOYEE ASSISTANCE PROGRAM (EAP)
An employee permitted to continue employment and receive assistance under the Employee
Assistance Program will be required to cooperate fully with the provisions of the recommended
rehabilitation program.
Employees referred to the EAP for participation in a drug rehabilitation program, who fail to
enter or complete the program, will be recommended for dismissal.
Disciplinary action is not automatically suspended by an employee's participation in the EAP.
Disciplinary action may be taken against an employee for performance issues or inappropriate
conduct.
Those employees participating in an EAP approved drug rehabilitation program will be subject
to unannounced drug tests in accordance with the aforementioned procedures. Upon a positive
drug test result, the employee will be dismissed.
Those employees satisfactorily completing a drug rehabilitation program recommended or
approved by the EAP staff, will be subject to unannounced tests for two years after completion
of the program. Upon a positive drug test result, the employee will be dismissed.
Nothing in this section is intended to alter the confidential nature of the EAP for employees
who voluntarily identify themselves as drug users and individually request assistance from the
EAP staff. Employees who have alcohol or drug abuse problems are encouraged to avail
themselves of the EAP. Voluntary participation is confidential.
NOTIFICATION OF ARREST OR CONVICTION
Each county employee shall notify his/her supervisor of his/her arrest or conviction of any
criminal drug statute for a violation occurring in the workplace no later than five days after
such arrest or conviction. It is understood that such notification shall constitute a reasonable
suspicion for such employee to undergo a required drug test
NONDISCIPLINARY SUSPENSION
During the investigation, hearing or trial of any employee for a drug related offense off the job,
when suspension would be in the best interest of the county, the county manager may suspend
the employee with pay, as provided under Article VI I I Section 5 of the Iredell County
Personnel Ordinance.
OTHER ADDITIONAL STANDARDS
All applicants for employment and all employees in positions subject to the provisions of other
duly constituted and recognized agencies or licensing boards such as the North Carolina Board
of Nursing and the North Carolina Board of Medical Examiners, will be subject to the drug
23
testing policies and procedures of such agency or licensing board in addition to those outlined
herein.
COMMUNICATION AND TRAINING
The HR Department shall coordinate drug free awareness training which will include
communication of the contents of this testing policy. The drug free awareness training syllabus
will also include:
(a) The dangers of drug abuse in the workplace.
(b) Iredell County's policy of maintaining a drug free workplace.
(c) Information concerning the Employee Assistance Program (EAP) and the available
drug counseling and rehabilitation available through the program.
(d) The penalties that may be imposed upon an employee for a drug abuse violation
occurring in the workplace.
(e) Training for supervisors in recognition of actual or potential substance abuse.
Safety Director Larry Ray reviewed changes to the Vehicle Operations Policy as follows:
VEHICLE OPERATIONS POLICY
PURPOSE
This policy establishes guidelines and requirements for the operation of all types of
licensed vehicles used in the furtherance of Iredell County's business and its
operations. It is intended to ensure the maximum safety of the general public, drivers
of County owned vehicles, passengers, and clients of Iredell County by ensuring that
only qualified drivers operate vehicles on behalf of Iredell County. Attachments to this
policy contain guidelines for the safe use of vehicles on County business, identify
prohibited vehicle uses, and address other matters pertinent to the use of licensed
vehicles on behalf of Iredell County.
APPLICABILITY
This policy applies to ALL drivers who operate County owned vehicles (including
leased, borrowed, loaned, or rented) and ALL drivers using personal vehicles for
County business. All drivers include seasonal, temporary, and/or contract personnel.
Only authorized persons willl be allowed to drive County vehicles or use their privately
owned vehicles on County business. This revision replaces any previous driving permit
policies and applies to all Departments. It does not apply to non -registered vehicles or
mobile equipment such as forklifts or construction equipment. It also does not apply to
employees who randomly drive their vehicles to training or other infrequent County
business-related events. However, these employees must have a valid NC State issued
driver's license.
DRIVER ELIGIBILITY
1. All drivers must possess a valid, current vehicle operator's license. Candidates
for positions driving a Commercial Motor Vehicle must possess a valid
Commercial Driver's License (CDL). CDL drivers must be qualified to operate
the vehicle for the job they are being considered.
2. All drivers using their personal vehicles for County business must possess and
maintain applicable insurance coverage (automobile bodily injury and property
damage liability insurance), at least in the minimum amounts required by law
for vehicle operation. A certificate of insurance from his/her Insurance Carrier
must be submitted to the Human Resources Department, Division of Safety at
time of employment. A certificate of insurance must be submitted to his/her
supervisor/Department Head when there is any change in coverage or carrier
and annually with his/her performance evaluation. A separate certificate of
insurance must be submitted for each personal vehicle the driver uses for
County business.
3. All drivers are responsible for notifying his/her supervisor if there is a
cancellation or break in insurance the day cancellation or break in insurance
occurs. Insurance coverage on personal vehicles will be the responsibility of
24
the driver and will be the primary source of insurance regarding all vehicle
accidents involving personal vehicles used for County business.
4. All drivers using their personal vehicle for County business must maintain the
safety and operational inspections required by law.
5. All drivers identified as having a safety sensitive position, based on their job
descriptions, are required to undergo post accident drug testing. (See Iredell
County Drug Policy)
6. As a condition of driving County owned vehicles and/or personal vehicles for
County business, all drivers must consent to a yearly review of their Motor
Vehicle Record (MVR) by the Human Resources Department, Division of
Safety.
7. All drivers are responsible for notifying his/her supervisor or department head
immediately of any moving violation, conviction, or accident involving a
County owned vehicle. (Attachment E) All drivers are to notify his/her
supervisor of any moving violation, conviction, or accident whether it occurred
on or off duty. This includes violations received in personal vehicles and those
in which a Prayer for Judgment (PJC) is granted. This notification should be
made no later than the beginning of the next scheduled workday.
8. All drivers charged with any offense that results in immediate suspension or
revocation of the license must immediately notify his/her
supervisor/Department Head and may not operate any County vehicle, or use a
personal vehicle on County business.
9. All traffic violations, fines, and court costs incurred by drivers engaged in
County business, are the exclusive responsibility of the driver.
New Hire
1. As a condition of employment and in order to be eligible for hire to a position in
which driving is an essential job function, a MVR must be ordered and
reviewed before a final offer of employment is made.
2. The MVR is ordered for the State of current residence, other States of residence
in the past three years, and where additional violations are shown on the MVR.
3. The applicant's driving history, as shown on the MVR is compared to
Attachment A to determine eligibility. The applicant's overall driving record,
including accidents, will be used to determine if he/she will be issued driving
authorization.
4. Applicants can not have more then 0-7 points (Attachment A) on his/her MVR
during the previous three (3) year period from the date of review. A final court
ruling must be given for any outstanding offenses that place the applicant
outside the provisions of the eligibility criteria in Attachment A.
5. If hired, an applicant must maintain a limit of no more then 7 points during
his/her probationary period. (Attachment A) Failure to maintain this limit
during his/her probationary period shall result in the driver being ineligible to
drive county vehicles and/or a personal vehicle for County business, and shall
be cause for dismissal.
6. If the applicant meets the eligibility requirements, an authorization to drive
County and/or a personal vehicle for County business will be issued by the
Human Resources Department, Division of Safety at the time of hire.
7. All new hires to a position in which driving is an essential job function have
ninety (90) days to complete a County Safe Driving Course. The course is not a
substitute for the Defensive Driving Course.
25
Current Employees
1. All current employees in a position in which driving is an essential job function,
will be issued an authorization to drive County and/or a personal vehicle for
County business as of the implementation of this policy. Employees who drive
his/her personal vehicle for County will have thirty (30) days, as of the
implementation of this policy, to submit a certificate of insurance from his/her
Insurance Carrier to the Human Resources Department, Division of Safety
before an authorization will be issued. Failure to comply will result in
suspension of driving authorization.
2. As a condition of employment, current drivers hired to a position to which
driving is an essential job function will have his/her MVR reviewed annually to
coincide with his/her performance evaluation.
3. The MVR will be reviewed against Attachment A for driver eligibility. Current
drivers must maintain no more then 7 points. Any driver, who accumulates 8 or
more points, must complete a Defensive Driving Course within ninety (90) days
from the date of the MVR review. A Defensive Driving Course will be
scheduled every other month after the implementation of this policy.
4. Upon completion and passing the Defensive Driving Course, there will be a
reduction of three (3) points from the total number of points incurred by the
driver for a three (3) year period. This is for County purposes only and will not
impact a driver's personal insurance.
5. The Defensive Driving Course can only be taken once within a three year
period. Thus, any points remaining after completion of the initial course must
be seven (7) or less during the three year period in order for the driver to remain
eligible to operate a County vehicle and/or use a personal vehicle for County
business.
6. If more than seven (7) points are accumulated at any time after the Defensive
Driving Course, and before the driver is eligible to repeat the Defensive Driving
Course, the driver is not eligible to drive County vehicles and/or personal
vehicles for County business until points are reduced to seven (7) points or
below.
7. If after review of the MVR against Attachment A, the driver is out of
compliance with eligibility criteria, the driver's authorization to drive a County
vehicle and/or a personal vehicle for County business will be suspended.
Suspension is an adverse action and may result in disciplinary action up to and
including dismissal.
a. The suspension must be documented to the employee using the Written
Notice of Driver's Authorization Suspension. (Attachment B)
b. The driver authorization may be reinstated after such time as necessary
for their three (3) year MVR to meet the authorization criteria.
c. If his/her driver's license is revoked, they may not obtain new
authorization until after their driver's license is reinstated.
d. Reinstatement will be documented using the Written Notification of
Driving Authorization Reinstatement. (Attachment D)
8. A Department Head may petition the County Manager for a provisional driving
authorization if a current driver exceeds the criteria outlined in Attachment A,
provided the current driver successfully completes a Defensive Driving Class
and possesses either a valid state license or court -issued, limited, driving
privileges. This item applies only to current drivers as of the implementation of
this policy.
a. The provisional authorization is valid until the driver's three (3) year
driving MVR meets the eligibility criteria.
26
b. A driver may only obtain one provisional driving authorization in a six
(6) year period. The six (6) year period will start from the completion or
revocation date of any previous provisional authorization.
c. Additional violations during the provisional period will terminate the
provisional authorization. Suspension is an adverse action and may
result in disciplinary action up to and including dismissal.
d. If the court issues a limited privilege license, the provisional
authorization is only valid for operation within those limitations
imposed by the court. The provisional authorization is documented to
the employee using the Provisional Driving Authorization form.
(Attachment C)
9. If a driver is charged with DWI, the driver's authorization will be suspended
immediately
a. The Department Head may petition the County Manager for a
provisional driving authorization after the license is reinstated or the
court grants limited driving privileges, providing the limited driving
privileges specify that the driver can operate a vehicle for work related
activities.
b. The driver must successfully complete a Defensive Driving Course.
c. The provisional authorization is valid for the period following the
license reinstatement until a court decision is rendered on the DWI
charge, and for the subsequent duration of the court-ordered period of
limited driving privileges.
d. A conviction of DWI, additional moving violations, an additional
suspension or revocation, or failure to comply with limited driving
privileges will result in revocation of the provisional authorization.
Suspension is an adverse action and may result in disciplinary action up
to and including dismissal.
Safety Standards
All drivers shall comply with the Safety Standards (Attachment F) and the Prohibited
Uses (Attachment G) of this policy at all times when operating a County vehicle and/or
personal vehicle for County business.
Responsibility
1. The County Manager and the Human Resources Department, Division of Safety
are responsible for administering the Vehicle Operations Policy.
2. Department Heads will ensure that supervisory personnel attend training
pertaining to the Vehicle Operations Policy. In cooperation with the Human
Resources Department, Division of Safety, Department Heads will be
responsible to follow through with the proper application of the policy and take
any disciplinary measures that may be necessary.
3. The Safety Division will notify drivers and his/her supervisor/Department Head
when a driver has accumulated eight (8) or more points and must take the
Defensive Driving Course.
4. The Safety Division will notify driver and His/her supervisor/Department Head
if the driver becomes ineligible to operate a County vehicle and /or personal
vehicle for County business.
Failure to follow the Vehicle Operations Policy and Safety Standards will
result in ineligibility to operate a County vehicle and/or personal vehicle and
may result in disciplinary action up to and including dismissal.
ATTACHMENT A
DRIVER AUTHORIZATION ELIGIBILITY SCALE
Conviction/Violation/ Police Report/
Departmental Report *
POINTS
Passing a stopped school bus loading or unloading children
27
Attachment B
Written Notification of Driver's Authorization Suspension
Date
Driver's Name
Department
The purpose of this letter is to inform you of the suspension of your County driving
authorization. This decision is based on:
Accumulation of more than points after review of your MVR for
a three (3) year period.
Suspension or revocation of your driver's license
Failure to comply with the provisions of the Vehicle Operations Policy
Other:
You are not permitted to drive any County Vehicle and/or a personal vehicle for
County business.
Human Resouces, Division of Safety
cc: Department Head
Personnel File
Attachment C
Written Notification of Provisional DrivinE Authorization
Date
Driver's Name
Department
28
5
Reckless driving
4
Hit and run, property damage only
4
Following too closely
4
Driving on wrong side of road
4
Illegal passing
4
Running through stopsin
3
Speeding more than 55 mph
3
Speeding through school zone
3
Failure to yield right of way
3
No driver's license
NOT ELIGIBLE
Running through red light
3
Failure to stop for siren
3
Speeding through safety zone
3
Failure to report accident where such report is required
3
No liability insurance (in past 12 months)
NOT ELIGIBLE
No liability insurance (not in past 12 months)
3
All other moving violations
2
Littering involving a motor vehicle
1
Suspension of License by DMV
NOT ELIGIBLE DURING SUSPENSION
Felony involving a motor vehicle
NOT ELIGIBLE
Homicide, manslaughter, or assault arising out of the operation of a motor
vehicle
NOT ELIGIBLE
DWI (in past 36 months)
NOT ELIGIBLE
DWI (not in past 36 months)
6
Preventable Accidents with Property Damage of Less than $500
2
Preventable Accidents with Property Damage of $500 or more
5
Preventable Accidents with Bodily Injury
7
Preventable Accidents (Death to passenger or others)
NOT ELIGIBLE
* Prayer For Judgment Continued (PJC's) are considered the same as a
conviction
"Defensive Driving Course
(Can only be taken once in a three yearperiod)
3 points deducted from total points
accumulated within a three period
Attachment B
Written Notification of Driver's Authorization Suspension
Date
Driver's Name
Department
The purpose of this letter is to inform you of the suspension of your County driving
authorization. This decision is based on:
Accumulation of more than points after review of your MVR for
a three (3) year period.
Suspension or revocation of your driver's license
Failure to comply with the provisions of the Vehicle Operations Policy
Other:
You are not permitted to drive any County Vehicle and/or a personal vehicle for
County business.
Human Resouces, Division of Safety
cc: Department Head
Personnel File
Attachment C
Written Notification of Provisional DrivinE Authorization
Date
Driver's Name
Department
28
The purpose of this letter is to inform you of the decision to grant a provisional
authorization to drive a County and/or personal vehicle for County business. This
authorization is valid until your three (3) year MVR meets the authorization criteria. If
you receive any additional moving violations during the effective period, the
provisional authorization will be revoked until your three (3) year MVR meets the
authorization criteria. Only one provisional authorization may be issued in a six (6)
year period. Regular driving authorization may be reinstated when your three (3) year
MVR meets the eligibility requirements.
The Vehicle Operations Policy requires you to notify your supervisor/Department Head
in writing after conviction or guilty plea of any motor vehicle violation(s) that result in
a driver's license revocation, suspension, or accumulation of addition points. This
notification should be made no later than the beginning of the next scheduled workday
after the conviction or guilty plea. This includes any offense, such as DWI, which
results in immediate revocation prior to final court proceedings. You are subject to
disciplinary procedures if you fail to report violations.
Human Resources, Division
cc: Department Head
Personnel File
Attachment D
Written Notification of Driving Authorization Reinstatement
Date
Driver's Name
Department
The purpose of this letter is to inform you of the decision to reinstate authorization to
drive County vehicles and/or a personal vehicle for County business. Your compliance
with the provisional driving authorization requirements has shown that you have met
the eligibility criteria.
Remember, only one provisional authorization may be issued in a six (6) year period.
You are required to notify your supervisor in writing after conviction or guilty plea of
any motor vehicle violation(s) that result in a driver's license revocation, suspension, or
accumulation of additional points. This notification should be made no later than the
beginning of the next scheduled workday after the conviction or guilty plea. This
includes any offense, such as DWI, which results in immediate revocation prior to final
court proceedings. You are subject to disciplinary procedures if you fail to report
violation.
Human Resources, Division of Safety
cc: Department Head
Personnel File
Attachment E
Report of Moving Violation
Date of charge/offense:
Date of Conviction:
Offense:
Location:
Type of Vehicle:
(County, Personal)
Driver Name (Print) Driver Signature Date
Supervisor/Department Head Signature Date
Name (Print)
Forward to Human Resources, Division of Safety
Attachment F
SAFETYSTANDARDS
The following Safety Standards must be followed by all drivers operating any vehicle
on behalf of the Iredell County:
1. Before operating the vehicle, inspect it to identify any potential safety defects or
problems with mechanical or operating conditions. The vehicle should not be
operated if a significant operating, mechanical, or safety problem exists. Any
29
problems encountered during operation of the vehicle should be reported to his/her
Supervisor as soon as possible.
2. Before operating a vehicle, it is the driver's responsibility to determine when he or
she is unfit to operate the vehicle due to fatigue, illness, taking prescription
medications, etc. The vehicle should not be operated if the physical condition of the
driver might cause or contribute to an accident.
3. At all times while operating a vehicle, the driver shall have their current and valid
operator's license in their physical possession.
4. At all times while operating a vehicle, the driver and passengers shall comply with
all applicable traffic laws and regulations.
5. At all times while operating a vehicle, the driver and their passengers must wear
seat belts, and comply with the North Carolina child restraint/car seat laws.
6. It is the responsibility of the driver to determine when conditions make driving
unsafe. When driving conditions are determined to be unsafe, it is the driver's
responsibility to either identify alternative routes where the risk of accident or
injury is within acceptable parameters, or, alternatively, to advise his/her
supervisor/Department Head of the unsafe conditions.
7. At all times while operating a vehicle, the driver must use defensive driving
principles. Defensive driving requires that each driver make allowances for driving
habits of others by stopping, slowing, or yielding to avoid an accident.
8. Use turn signals at all times while turning or changing lanes to notify other drivers
of your intentions.
9. Always set the parking brake when parking the vehicle to avoid a rollaway
situation.
10. Pay close attention when backing to ensure total visibility of the area you are
backing into. Backing accidents are virtually always the fault of the party that is
backing.
11. Be courteous to other motorists and pedestrians at all times.
12. Vehicles should be parked in a manner to avoid vandalism and theft. Always lock a
vehicle when parking and do not leave valuables in parked vehicles.
13. Do not leave the vehicle running unattended (even with keys locked inside). Do
not leave keys in unattended vehicle. This does not apply to emergency vehicles.
14. Check the vehicle glove compartment to ensure the required insurance
identification card for the vehicle is present. Failure to have proof of insurance in
the vehicle may result in a traffic citation. Also, information on the card will be
required in the event of a vehicle accident.
15. Safety inspection sticker shall be current at all times.
16. Follow other related general safety standards and defensive driving principles that
may apply, but are not included on this list.
Attachment G
PROHIBITED USES OF COUNTY OWNED (INCLUDING LEASED,
BORROWED, LOANED, OR RENTED) AND/OR PERSONAL VEHICLES
FOR COUNTY BUSINESS
1. Never operate any vehicle on behalf of the County if you are under the influence of
alcohol, illegal drugs, or prescription medication known to impair driving skills.
30
2. Do not operate the vehicle if the condition of the vehicle presents a safety hazard.
3. Do not permit any other person to operate the vehicle unless that person has been
specifically approved by Iredell County as an eligible driver and has also been
specifically authorized to operate the vehicle in question.
4. Do not use the vehicle for any contest, race, off road use, transportation for hire, or
for any illegal purposes. Off-road use is permitted for designated, authorized
vehicles ONLY.
5. Do not use any County vehicle for personal use except as identified by G.S. 14-247.
6. Do not park in fire lanes, no parking zones, handicap zones unless authorized, in
front of elevators or other entry ways.
7. Do not overload the vehicle beyond the number of seats equipped with seat belts, or
beyond the manufacturers recommended vehicle capacity.
8. Do not leave a County owned vehicle parked on the side of the road in case of
break down, without first notifying Vehicle Services (704-873-8063), the
authorized designated towing service and notifying his/her supervisor that County
vehicle has broken down and towing service was contacted. After hours and
weekends, notify ECOM (704-878-3037) for towing of County vehicles. Towing
and costs incurred by drivers of personal vehicles are the responsibility of the
driver.
9. Never leave keys in a County owned vehicle or leave vehicle's engine running and
locked with keys inside in order to perform business in another area and vehicle is
unattended. This does not apply to emergency vehicles.
Please note that the above prohibitive uses are not exclusive, but merely a few of the
more serious situations that are to be avoided.
9. Request to Allow the Staff to Negotiate a Design Services Contract with
Dagget & Grigg Architects for the Proposed Iredell County Animal
Control Facility: Code Enforcement and Special Projects Director Lynn Niblock said
six design firms for the new Animal Control Facility returned RFQs, and three were
selected for interviews. He said Daggett & Grigg Architects, located out of
Charlottesville, VA, was recommended for the project, and the firm would work with
Gilbert Engineering, based in Statesville, NC. Niblock said the primary reason for
choosing Daggett & Grigg was due to the company's experience in constructing animal
control facilities in North Carolina. He said $193,750 had been budgeted for this phase
of the project.
The following chart shows the companies that submitted proposals.
Company Interviewed Date
1
Stewart Cooper Newell
Yes
11/7/2008
2
Dixon Weinstein
No
3 Stoiber & Associates
No
4
Walter, Robbs.Callahand & Pierce
Yes
11/7/2008
5
MBAJ
No
6
Daggett & Grigg
Yes
11/7/2008
10. Request for Approval of Budget Amendment #27 for the Establishment of
a New Income Maintenance Caseworker III Position for the Health Net Program:
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(See briefing minutes for a summary about this position. The position will be
eliminated if the federal funding ends.)
11. Request for Approval of Budget Amendment #28 from DSS for the
Recognition of $25,200 in Funding for Work First Functional Assessments: Social
Services Director Don Wall said the state was providing funds for counties to evaluate
Work First recipients. Categories for the two types of evaluations are as follows:
A Functional Evaluation (FE) is an attempt to document a persons ability to work. This is done
by a number of procedures, including questionnaires and observations that document the
person's ability to perform work,from a physical, medical, behavioral or mental perspective.
FE is typically performed by facilities specializing in Physical Therapy and/or Rehabilitation
Services.
A Vocational Assessment (VA) is an individualized process that includes gathering data and
reviewing information about an individuals abilities, skills, interests and readiness for
employment. This is done by several procedures, including psychological and academic testing,
observations, interviewing, dexterity and motor skills. In many settings, vocational assessment
is carried out by a team that may include, depending on the setting and person's disability,
specialists from fields such as occupational therapy, rehabilitation medicine or psychiatry,
psychology, social work, vocational guidance, education and rehabilitation.
12. Request for Approval of the Following Meeting Minutes: October 21, 2008
Mini -Retreat, October 21, 2008 Briefing & Regular, November 3, 2008 Special
Meeting, and November 10, 2008 (Continuation of the Nov 3 Meeting)
13. Request for Approval of Budget Amendment #25 in the Amount of $70,000
for the Appropriation of Contingency Funds for Parking Lot Repairs at the
Tax Department: Facility Services Director Jeff Frazier said this years' budget
included funds to repair the parking lot at the Tax Department due to the uneven
concrete or surface becoming a safety issue. Frazier said when the work started, and the
concrete and asphalt were removed, unsuitable dirt and debris were found along with a
old well estimated to be 150 ft. deep. He said the well appeared to be dry, but special
permits had to be issued to fill it with dirt, plus a special technician had to be onsite
when the work occurred. Additionally, he said a specific type of dirt had to be used, and
costs now exceeded the budget by an estimated $70,000. (The funds will be taken out
of contingency, and with the $70,000 deduction, $180,000 will remain.)
END OF CONSENT AGENDA
Commissioner Robertson asked to be excused from the next vote due to having
a $3.83 boat trailer release in the October 2008 refunds and releases.
MOTION1 by Commissioner Tice to excuse Commissioner Robertson as
requested.
VOTING: Ayes — 4; Nays — 0.
Request for Approval of the October 2008 Refunds and Releases: Tax
Administrator Bill Doolittle presented the following refunds and releases for approval.
Releases for the month of October 2008
Breakdown of Releases:
County
Solid Waste Fees
E. Alex. Co. Fire #1
Shepherd's Fire #2
Mt. Mourne Fire #3
All County Fire #4
B&F Fire #5
Statesville City
Statesville Downtown
Mooresville Town
Mooresville Downtown
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$40,829.58
$581.75
$9.25
$579.31
$102.13
$1,346.98
$108.34
$13,037.14
$111.13
$8,444.43
$25.23
$84,243.31
Mooresville School
$17,243.28
Love Valley
$7.35
Harmony
$2.67
Troutman
$674.78
Davidson
$1,139.96
Refunds for the month of October 2008
Breakdown of Refunds:
County
$4,980.48
Solid Waste Fees
$173.75
E. Alex. Co. Fire #1
$11.23
Shepherd's Fire #2
$182.66
Mt. Mourne Fire #3
$189.01
All County Fire #4
$5.70
B&F Fire #5
$28.95
Statesville City
$470.42
Statesville Downtown
$0.00
Mooresville Town
$0.00
Mooresville Downtown
$0.00
Mooresville School
$0.00
Love Valley
$0.00
Harmony
$0.00
Troutman
$0.00
Davidson
$37.92
$6,080.12
MOTION by Commissioner Johnson to approve the refunds and releases as
presented.
VOTING: Ayes - 4; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
• Mooresville Planning Board (ETJ) (I announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
MOTION by Commissioner Tice to postpone the four appointments until the
December 2 meeting.
VOTING: Ayes — 5; Nays — 0.
Statesville Planning Board (ETJ) (1 appointment): MOTION by Commissioner
Johnson to postpone this appointment until the December 2 meeting.
VOTING: Ayes- 5; Nays — 0.
Nursing Home Advisory Committee (5 appointments): OTION by
Commissioner Johnson to appoint Elsie Carter.
VOTING: Ayes — 5; Nays — 0.
MOTION1 by Commissioner Tice to appoint Brenda Speece and to postpone the
remaining three appointments until the December 2 meeting.
VOTNG: Ayes — 5; Nays — 0.
Criminal Justice Partnership Program Committee (I appointment): OTION
by Commissioner Robertson to postpone this appointment until the December 2
meeting.
VOTING: Ayes — 5; Nays — 0.
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Animal Grievance Committee (1 appointment): MOTION by Commissioner
Williams to appoint Sidney Weisner.
VOTING: Ayes — 5; Nays — 0.
Crossroads Behavioral Healthcare (2 appointments): MOTION by
Commissioner Robertson to appoint Dinah Daniels (general business interest) and
Godfrey Williams (commissioner).
VOTING: Ayes — 5; Nays — 0.
PUBLIC COMMENT PERIOD
Mr. Tom Nixon praised and thanked Commissioner Tice for her past 18 years of
service to Iredell County.
In addition, Mr. Nixon thanked retiring County Manager Joel Mashburn for his
service to the county.
COUNTY MANAGER'S REPORT: A written activity report was distributed
by the county manager.
CLOSED SESSION: Pursuant to Legal — G.S. 143-318.11 (a) (3) and Personnel
— G.S. 143-318.11 (a) (6), Chairman Norman made a otio at 9:05 P.M. to enter into
closed session.
VOTING: Ayes — 5; Nays — 0.
(No action occurred and the board returned to Open Session at 9:40 P.M.)
ADJOURNMENT: OTIO by Commissioner Johnson to adjourn the
meeting at 9:41 P.M. (NEXT MEETING: December 1, 2008 at 9:00 a.m. for the
Incumbent Board Meeting in the Iredell County Government Center, 200 South Center
Street, Statesville, NC)
VOTING: Ayes — 5; Nays — 0.
Approval:
34
Clerk to the Board