HomeMy WebLinkAboutFebruary 3 2009 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
FEBRUARY 3, 2009
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
February 3, 2009, at 7:00 P.M., in the Iredell County Government Center (Commissioners'
Meeting Room), 200 South Center Street, Statesville, NC.
Board Members Present
Chairman Godfrey Williams
Vice Chairman Marvin Norman
Steve Johnson
Scott Keadle
Ken Robertson
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Tracy Jackson, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Williams.
POSTING OF THE COLORS BY: Scouts Zach Weinkel and Michael Weinkel, with
Boy Scout Troop 609.
PLEDGE OF ALLEGIANCE: Scout Andy Beall, also with Troop 609, led the
Pledge of Allegiance.
Boy Scout Troop 609 is sponsored by the First Associate Reformed Presbyterian
Church, Statesville, NC, and Jim Mixson and Jay Weinkel serve as the Troop Masters. Other
scouts attending the meeting were Liam Marcy, Brian Nellis, Jay Mixson, Austin Sharpe, Codi
Riddick, Ross Robinson, Ben Wall, Hunter Jackson, Matthew Jones, Calem Campbell, and
Nicholas Holt.
INVOCATION BY: The Rev. Glenn Usry, Pastor of Christian Outreach of the
Piedmont, 1424 Rickert Street, Statesville, NC.
ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Johnson to approve
the agenda as presented.
VOTING: Ayes — 5; Nays — 0.
APPOINTMENTS BEFORE THE BOARD
Request for Approval of a Proclamation Proclaiming February 8-14, 2009 as Boy
Scouts of America Anniversary Week: Commissioner Robertson read the following
resolution and presented a signed copy to Boy Scout District Commissioner Jim Mixson and
Gemstone District Committee Chairman Bob Palmes.
Boy Scouts of America Anniversary Week
February 8 — 14, 2009
WHEREAS, the Boy Scouts of America organization has been instilling timeless values in our
youth since its founding on February 8, 1910, with a mission of serving others through its values based
program; and
WHEREAS, throughout its long and distinguished history, the Boy Scouts of America have
helped over 100 million youth strive for the highest ideals of courage, confidence and patriotism; and
WHEREAS, the Piedmont Council of the Boy Scouts of America and its many Cub Scout Packs,
Boy Scout Troops, Venturing Crews and Exploring Post are celebrating 99 years of service; and
WHEREAS, numerous community organizations in Iredell County, North Carolina make
Scouting programs available to the youth of Iredell County as a means of character building, citizenship
training, leadership preparation, and personal fitness development; and
WHEREAS, the Boy Scouts of America organization provides countless hours of community
service to Iredell County through initiatives such as Scouting for Food, Conservation Projects and the
Good Turn for America program.
NOW, THEREFORE, the Iredell County Board of Commissioners proclaims February 8 — 14,
2009 as Boy Scouts of America Anniversary Week and urges our citizens to express appreciation to the
community organizations and dedicated Scout leaders for bringing this values -based program to our
young people.
Mr. Palmes said the rich history of scouting in Iredell County was only possible through
the county leaders and citizens. He said that in his five years of being the Gemstone District
Committee Chairman, he had seen a huge impact on the county's youth. Palmes said scouting
instilled values in young men, and this was invaluable. He said in the Gemstone District, more
young men achieved the Eagle Scout rank than anywhere else in the state. Palmes said this was
impressive because, nationally, only 3.8% achieved the rank.
Mr. Mixson said the Gemstone District was one of 11 in the Piedmont Council which
served western North Carolina. He said Gemstone was the largest district, and this was not by
land mass rather it was by the number of registered scouts and adult leaders. Mixson said
Gemstone had earned the Quality District Award for the last two years by BSA's National
Standards, and the scouts, along with their adult leaders, were a great group of people.
Expression of Thanks from Stop Child Abuse Now (SCAN) Executive Director Amy
Eisele: Eisele said the organization had relocated to a larger facility on Walnut Street to
expand some programs. She said with the county's support, over 1,000 people had been
"touched" by SCAN's services. Mrs. Eisele said that not only was monetary support needed for
the organization, but also "behind the scenes" assistance was needed and appreciated. She said
SCAN operated completely independent of the Department of Social Services; however, the
organization worked with some of the DSS families.
Presentation from the Rev. Glenn Usry Regarding the Iredell County Police
Athletic League (PAL), an Anti -Drug, Anti -Gang, Anti -Crime Program: Rev. Usry said 15
acres of property had been purchased, and it served as an incubator for several programs. He
said the site served as a church (Christian Outreach of the Piedmont), and the members had
created programs such as Priority House, a men's home for persons recovering from drug
addiction, House of Virtue for Women, a similar house for women, Success Institute Charter
School, an educational facility serving students K-12, and the Police Athletic League (PAL)
which provided academic and athletic tutorials. He said the programs were started by the
church, but they operated autonomously through independent boards. Usry said PAL was a
national program, and many police officers across the nation were involved and wanted to help.
He said federal law enforcement officer Robert Mountain, a resident of Iredell County, served as
the local PAL President. Rev. Usry said program activities included recreational outings as well
as tours of the federal courts in an effort to deter youth from being involved in drug usage,
trafficking, or a drug lifestyle. He said the PAL program was funded with an $81,000 two-year
grant from the Governor's Crime Commission with the possibility of expansion. Usry said (1)
about 200 kids per week were served (2) that PAL partnered with other youth -based
organizations and (3) referrals were accepted. He said the organization strived to make Iredell
County a safe place to live.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Presentation of a Distinguished Citizen Certificate to Rev. Glenn Usry: Chairman
Williams said he had known Rev. Usry for several years, and he had even attended a service at
the church. Williams said the church facility was unique, in that during the week, it served as a
basketball court, and on Sundays it came alive with bands and people of all races. Williams said
the Christian Outreach of the Piedmont had created many programs without any public money.
He said the charter school served many students who were not successful in a traditional setting,
but they were now finding success. Chair Williams then presented Rev. Usry with a
Distinguished Citizen Certificate for his dedication and civic service to the citizens of Iredell
County. (Rev. Usry was given a standing ovation by the audience members.)
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PUBLIC HEARING
Chairman Williams declared the meeting to be in a public hearing.
Request for Approval of a Zoning Ordinance Amendment for Billboards: An
Amendment to Article XI Signs (Section 11.19 Signs Permitted in Non -Residential Zoning
Districts) to allow Electronic Changeable Face (Digital) Billboards: Planning Director Ron
Smith said Darlene Payne, with American Advertising, had submitted a request for a zoning
ordinance amendment; however, the planning office was primarily working on the issue. He said
the request was to add language to the ordinance relating to electronic changeable copy billboards.
Smith said the electronic billboards were similar to big -screen televisions, and were mostly seen
on Interstates. He said the ordinance currently regulated static, but not electronic billboards. Mr.
Smith said the amendments pertained to illumination levels (nits), and 7,500 was the maximum
that a sign could be illuminated during the day, and at dusk the nits level was 500. He said a large
LCD TV generated about 450 nits. Smith said that rather than having the billboards being placed
one right after the other, it was proposed for there to be 2000 feet of separation between a static
billboard and an electronic copy. He said this would eliminate a "stacking effect" that could take
place if the regulations already in place were used. Smith said the electronic billboards would
only be allowed on I-77, I-40 and U.S. 64. He said larger or brighter signs would not be in
neighborhoods or residential areas. Continuing, Smith said special requirements had been added
requiring review of the Department of Transportation's standards, upfront, rather than waiting
until after the planning staffs permitting work had started. He said this requirement applied to
both static and electronic billboards. Smith said there would no fluttering or animated copy on the
signs, and once a message was displayed, it would be up for ten seconds, at least, and then revert
to another one. Smith said to insure the change was quick, a limit of two seconds was stipulated.
He said generally, the change would be instantaneous with only one message at a time. Mr.
Smith said the overall intent was to try and limit the number of electronic signs, because it was
felt they had a bigger impact. He said the planning board had recommended approval by a vote of
6-2, and the planning staff was in favor of the ordinance as well.
Commissioner Johnson mentioned the content of some billboards, and he requested the
planning staff members to be as stringent as possible in what was allowed. He said it was known
the staff could only limit what was defensively legal, in terms of decency, but the employees
should scrutinize the content. Johnson said it was known that some items could not be outlawed,
and it was realized the statute was subjective, however, he desired the staff to be as tough as
possible.
Smith said the staff would try in this endeavor.
Commissioner Robertson said some communities required the signs to be turned off at
certain times, for example, from l I p.m. to 5 p.m. He asked why no similar limitations were
made by the staff.
Smith said "going down to the lower level, as high as some of the signs were, that it
wouldn't have a detrimental impact when they were 100 or more feet from residential areas." He
said it was basically a judgment call.
No one else desired to speak, and Chairman Williams adjourned the public hearing.
OTION by Commissioner Robertson to approve the zoning ordinance with an
amendment to Permitted Location (2) as follows:
Instead of using 100 feet in the language ("There shall be a minimum spacing of' 100 feet
between electronic changeable face outdoor advertising sign and residential zoning districts and
residential uses.) the staff should use 400 feet.
Commissioner Keadle agreed.
Commissioner Johnson said he had problems with a 400 -foot setback. He said a setback
this large would be too much and make the property useless. Johnson said property owners paid
taxes, and sometimes they had little or no use for their land due to so many restrictions.
VOTING: Ayes — 3; Nays — 2 (Johnson & Norman).
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The ordinance, as approved, is as follows:
ARTICLE XI. SIGNS
Section 11.19 Signs Permitted in Non -Residential Zoning Districts
D. Permanent Off -Premises Advertising (Static Billboard) Signs
The following permanent off -premises advertising (billboard) signs are permitted in H -B, G-
B, M-1 AND M-2 Zoning Districts upon issuance of a zoning permit regarding the proposed
sign(s), provided that the stated specific requirements, conditions and stipulations are met:
E. Permanent Off -Premises Advertising, Electronic Changeable Face (Digital Billboard)
Signs
The following permanent off -premises advertising (billboard) signs are permitted in H-
B, G -B, M-1 AND M-2 Zoning Districts upon issuance of a zoning permit regarding the
proposed sign(s), provided that the stated specific requirements, conditions and
stipulations are met:
Permitted number of signs: Limited oniv by spacing requirements.
Maximum copv area of signs (1): Maximum sign face area shall be 380 square feet.
Permitted number of Sign Faces One sign face is permitted per side, and there
shall be no more than 2 sides.
Permitted illumination: The outdoor advertising sign shall have an
automatic dimmer (factory set to the
illumination intensities set below) and a photo
cell sensor to adiust the illumination intensity or
brilliance of the sign so that it shall not cause
glare or impair the vision of motorists, and shall
not interfere with anv driver's operation of a
motor vehicle. The sign shall not exceed a
maximum illumination of 7,500 nits (candelas
per square meter) during daylight hours and a
maximum illumination of 500 nits between dusk
and dawn as measured from the sign's face at
maximum brightness. Before receiving a
certificate of occupancy, a member of the
Planning Department shall be present at a test
(bv the applicant) to ensure that the sign meets
this standard. Furthermore, a written report of
the test shall be given to the Planning
Department in order for the original test to be
duplicated at anv given time.
Any external illumination devices shall be
effectively shielded so as to prevent beams or
rays of light from being directed at any portion
of a street or highway, or any residential use.
Electronic changeable face outdoor advertisin
signs shall contain a default design that will
freeze the sign in one position with no more than
a maximum illumination of 500 nits if a
malfunction occurs.
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Permitted location (2): There shall be a minimum spacing of 400 feet
between the electronic changeable face outdoor
advertising sign and residential zoning districts
and residential uses. The distance shall be
calculated as the shortest measurable distance
between the nearest point of the sign to the edge
of residential district or to the property line of
the institutional use.
There shall be a minimum spacing of 2,000 feet
between any electronic changeable face outdoor
advertising sign and other electronic changeable
face outdoor advertising signs on the same side
or opposite side of the street. There shall be a
minimum spacing of 1,000 feet between any
electronic changeable face outdoor advertising
sign and static billboard sign on the same side or
opposite side of the street. (Refer to Figure D.)
Off -premises advertising (billboard) signs shall
not be located less than 500 feet from any
Interstate Highway access/exit ramp or safety
rest area measured along the Interstate roadway
from the beginning or ending of pavement
widening at the exit from or entrance to the main
traveled way. (Refer to Figure A.)
No portion of any sign shall be located closer
than ten (10) feet from anv commercially zoned
property line.
Maximum height: 50 feet if located within 660 feet of the right-of-
wav of an Interstate Highwav and 40 feet if
located within 660 feet of a US Primary
Highway.
Minimum setback: 10 feet
Maintenance: The area immediately surrounding advertising
(billboard) structures shall be appropriately
maintained.
Special Requirements: All permanent off -premises advertising
(billboard) signs on public roads located within
660 feet from the edge of the road right-of-wav
line shall, except as noted, meet the criteria
established by the North Carolina Department of
Transportation Outdoor Advertising Manual or
the provisions of this Ordinance, whichever is
stricter.
Must have written verification of NC DOT
approval prior to the issuance of a zoning
permit.
Sign Support shall be freestanding with unipole
construction only.
No moving, rotating fluttering, blinking, or
flashing elements are permitted. No animation,
video, audio, pyrotechnic, or bluecasting
components are permitted.
Advertising messages or information shall
remain in a fixed, static position for a minimum
of ten (10) seconds. The change sequence must be
accomplished within an interval of two (2)
seconds or less.
There can only be one message at a time on the
outdoor advertising sign.
Electronic changeable face outdoor advertising
signs shall not be located in any Roadway
Protection Overlay.
Electronic changeable face outdoor advertising
signs are permitted only along limited access
Interstate Highways and limited access US
Primary Highways.
The maximum permitted copy area shall be determined from the road which the
sign predominantly faces. If a sign equally faces two different roads, the larger of
the two permitted copv areas may be erected. The copv area of an advertising sign
shall be measured by the smallest square, rectangle, triangle, circle or combination
thereof which will encompass the entire sign. The copv area shall include any
border or trim but shall exclude the base or apron supports and other structural
devices. If an advertising message appears on the base or apron, it will not be
excluded from the copv area.
2. All electronic changeable face outdoor advertising signs within 660 feet of the edge
of a right-of-way, located on opposite sides of the same roadway shall be spaced at
least two thousand (2000) feet apart from each other. (Refer to Figure D.)
The distance between signs shall be measured along the center line of the road by
the closest distance between the points of perpendicular intersection of each sign.
All advertising signs shall be located at least one thousand (1,000) feet from any
portion of the lot containing the principal use being advertised.
Figure D
Static
Billboard
Digital
Billboard
1
Digital
Billboard
Interstate Highway
ARTICLE XIX. DEFINITIONS
C. Definitions Related to Suns (See Article XI, Suns)
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Sign, Static Billboard. A permanent, usually free-standing, off -premise sign that is affixed to
the ground or to a building, owned by a person, corporation or other entity that engages in the
business of selling or leasing the advertising space on that sign and which advertises an
establishment, service, commodity, goods or entertainment sold or offered on premises other
than that on which such sign is located. Such signs commonly referred to as 'outdoor
advertising signs" are generally designed so that the copy or posters on the sign can be changed
frequently.
Outdoor Advertising Sign, Electronic Changeable Face (Digital Billboard). A sign, displav,
or device, or portion thereof, which electronically changes the fixed display screen
composed of a series of lights, including light emitting diodes (LED's), fiber optics, or other
similar new technology where the message change sequence is accomplished immediately.
Electronic changeable face outdoor advertising signs include computer programmable,
microprocessor controlled electronic or digital displays that display electronic, static
images, static graphics, or static pictures, with or without textual information, and tri -
vision outdoor advertising signs. Electronic changeable face outdoor advertising signs do
not include animated or scrolling images, graphics, video active images (similar to
television images), projected images or messages onto buildings or other objects, or static
outdoor advertising signs.
Bluecastin2. A process in which a message is broadcast to BlueTooth-enabled devices
within a given physical area.
Limited Access. Connections to a facility provided onlv via ramps at interchanges (major
crossings) and at -grade intersections (minor crossings and service roads). No private
driveway connections allowed. This definition came from the Facility Type and Control of
Access Definitions document produced by NC DOT.
--------------------------------------------CONSENT AGENDA ------------------------------------
MOTION by Commissioner Norman to approve the following seven (7) consent
agenda items.
VOTING: Ayes — 5; Nays — 0.
(All items were explained during the briefing session.)
1. Report of Unpaid Taxes that are Liens on Real Property & Request from the Tax
Collector for Permission to Advertise the Tax Liens on Wednesday, March 18, 2009: Tax
Collector Bill Furches delivered spreadsheets detailing unpaid real estate taxes for 2008. He
requested permission to advertise the tax liens on Wednesday, March 18, 2009. Mr. Furches said
approximately $9.6 million was delinquent, and it was a little higher than last year. He said the
staff would start working on the top 500 delinquent accounts, and he was confident the tax
office's budget would be met. Furches mentioned the increase in foreclosures, and noted the
general buyer, or the mortgage holder, didn't pay taxes until the property was sold.
2. Report Concerning the East Alexander Volunteer Fire Department's Plans to Build
a Substation in Alexander County & Request from the Fire Tax District Board for
Approval to Allow the Staff to Proceed with the Petition Process for Two Residential
Areas: Fire Marshal Lloyd Ramsey and Fire Tax District Board Chairman Carroll Goodman
presented this item.
Ramsey said that due to the East Alexander VFD planning to build a substation in
Alexander County, with no opposition by the nearest fire department in Iredell County (West
Iredell) a request was being made to the board of commissioners to allow the staff to proceed in
the petitioning process for two residential areas in Iredell County. He said that once the new
substation was constructed, lower insurance premiums would be available for the following two
residential areas:
Riverwalk Development: Off Fulbright Road in Iredell County, the Riverwalk
subdivision will be within five road miles of the new substation
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Bolick Road: The property owners in this vicinity are currently in the West Iredell VFD
six -mile district; however, they will be within five miles of the new substation.
NOTE: Please see the briefing minutes for additional information regarding this item.
3. Request from the Library Director for Approval to Apply for Telecommunications
Services Discounts under the Federal Communications Commission E -Rate Program:
Library Director Steve Messick said there were four telecommunication services where $27,696
in discounts might be found. He shared the following additional information about the program.
Service
Annual Cost
70% covered by E -Rate
30% paid by Iredell Count
Telephone Service for
$10,560
$7,392
$3,168
Main Library
$1,000
$1,000
$0
Telephone Service for
$1,525
$1,068
$458
Harmony Branch
$26,600
$23,000
$5,600
Internet Access
$16,800
$11,760
$5,040
Data Line to Harmony
$9,360
$6,552
$2,808
DSL Connection for
$1,319
$924
$396
Wireless Network
TOTAL
$39,564
$27,696
$11,870
4. Request from the Library Director for Approval to Apply to the State Library of
North Carolina for a Basic Equipment Grant under the Library Services and Technology
Act (LSTA) Grant: Library Director Steve Messick requested permission to apply to the State
Library of North Carolina for a Basic Equipment Grant under the Library Services and
Technology Act. He said the funding would be used to purchase sixteen computers, one printer,
and computer furniture for the Troutman Branch Library. (The following information provides
more detail on the cost for the items.)
Messick said the library had approximately 9,000 computer users a month, that about
700,000 books were circulated in a year's time, and for the first time in five or six years, book
circulation had started to increase.
5. Request from the County Manager's Office & Finance Department for Approval of
a Consulting Agreement with Robert S. Segal, CPA, PA: Finance Director Susan
Blumenstein and CPA Bob Segal explained an expense reduction and revenue enhancement
agreement for the county. Blumenstein said Mr. Segal had worked for the county previously by
reviewing inmate reimbursements, Criminal Alien Assistance Program funding, as well as
telecommunication and utility audits. She said Segal's firm would make recommendations;
however, the county was not required to implement them.
Segal said his firm had three CPAs and they each had 20+ years in the accounting field.
He said the firm worked with school units as well as cities and counties in recommending cost
savings or revenue enhancements. Segal said the firm had to prove that money could be saved or
the county did not have to pay the agreement's cost (50¢ of every dollar saved, credited,
refunded or on additional revenues received during the 24 -month period immediately following
full implementation of a recommendation). He said Purchasing Agent Dean Lail, as well as
other county staff, would work with the firm in sharing information on current copier and phone
vendors. Segal said it normally took six months for the firm to complete the work.
Schedule 1 of the agreement listed the following areas for possible review:
• Windstream Telecom (possible three yr. contract for discount)
• Sprint Data Cards (lack of usage)
• Alltel Wireless (lack of usage and better plans)
• Telecom analysis (overall telecom analysis & consider eliminating land lines
for those with wireless service)
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Cost
Grant Funding
Local Match
Sixteen Public Computers
$20,000
$20,000
$0
Color Laser Printer
$1,000
$1,000
$0
Computer Furniture
$5,600
$2,000
$5,600
TOTAL
$26,600
$23,000
$5,600
Messick said the library had approximately 9,000 computer users a month, that about
700,000 books were circulated in a year's time, and for the first time in five or six years, book
circulation had started to increase.
5. Request from the County Manager's Office & Finance Department for Approval of
a Consulting Agreement with Robert S. Segal, CPA, PA: Finance Director Susan
Blumenstein and CPA Bob Segal explained an expense reduction and revenue enhancement
agreement for the county. Blumenstein said Mr. Segal had worked for the county previously by
reviewing inmate reimbursements, Criminal Alien Assistance Program funding, as well as
telecommunication and utility audits. She said Segal's firm would make recommendations;
however, the county was not required to implement them.
Segal said his firm had three CPAs and they each had 20+ years in the accounting field.
He said the firm worked with school units as well as cities and counties in recommending cost
savings or revenue enhancements. Segal said the firm had to prove that money could be saved or
the county did not have to pay the agreement's cost (50¢ of every dollar saved, credited,
refunded or on additional revenues received during the 24 -month period immediately following
full implementation of a recommendation). He said Purchasing Agent Dean Lail, as well as
other county staff, would work with the firm in sharing information on current copier and phone
vendors. Segal said it normally took six months for the firm to complete the work.
Schedule 1 of the agreement listed the following areas for possible review:
• Windstream Telecom (possible three yr. contract for discount)
• Sprint Data Cards (lack of usage)
• Alltel Wireless (lack of usage and better plans)
• Telecom analysis (overall telecom analysis & consider eliminating land lines
for those with wireless service)
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• Copying services (consolidate purchasing power into one cost per copy contract)
• Land lease revenue (market county owned land to tower companies)
• Additional unclaimed NC sales and use tax (invoices with unclaimed sales tax)
• Duke Power (rate schedule analysis)
• Energy United (rate schedule analysis)
• Mooresville utilities (rate schedule analysis)
• City of Statesville (rate schedule analysis)
6. Request for Approval of a Revised Shared Leave Policy: Human Resources Director
Carolyn Harris explained revisions to the shared leave policy adopted on
November 18, 2008. The revised policy was adopted as presented with one addition requested
by Chairman Williams, and this is noted at the bottom of the policy 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 or sick leave
hours to a specific employee who has a need or to a "leave bank" that may be shared with other
employees. Eligible employees may request leave from e 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.
An employee who is unable to work due to a personal accident, chronic illness or major medical
condition, or who must miss work to care for a member of the employee's immediate family
who has a serious health condition is eligible to request leave. The medical condition of the
employee or immediate family member must meet the criteria of the Family and Medical Leave
Act (Refer to Family and/or Medical Leave Policy). Immediate family member is defined as
spouse, child or parent.
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 up to the maximum
donation of 160 hours. The annual leave balance of the donor can not be reduced
below 40 hours.
2. An eligible employee may elect to donate up to 80 hours of sick leave, but the
donation may not reduce the donor's sick leave balance below 160 hours.
3. In the event an employee donates sick leave to an immediate family member
employed by the county, the hours donated will count against the 80 hours an
employee is allowed to use to care for a family member under the County's sick
leave policy. Family member is dq i'ned as spouse, child, or parent.
4. December is designated as the annual donation period. However, donationswill be
5. An employee who wishes to donate annual leave to the k must submit a
completed "Shared Leave Donation" form to Human Resources. If the donation is
not for a specific employee, the donor should indicate Shared Leave Bank on the
form.
6. 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 of be
reduced below 90 hours.
Z Once annua leave is donated, it may not be returned to the donating
employee. Unused shared leave specified to a particular employee will be
transferred to the bank.
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8. All donations specified for a particular employee must be received by Human
Resources within 30 days of the approval date of the recipient's Shared Leave
Request Form.
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 tern or sporadic conditions or illness
b. Normal pregra ncy 4 art term or sporadic absences due to contagious disease
c. Absences resulting from Workers Compensation claims
4. Shared leave requested as a result ofpregnancy and childbirth will be restricted to
the period of actual physical disability as certified by a physician. The additional
"bonding time" allowed under FMLA is not eligible for shared leave coverage.
5. 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.
6. 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.
3. Leave transferred under this program is available for use on a current basis, or
may be retroactive for up to 30 calendar days from the date the recipient's request
,for shared leave is approved by the county manager.
4. 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.
5. Shared leave taken under this policy will count toward the total unpaid leave
available under the County's maximum leave of absence policy.
6. 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.
7. 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.
8. 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 or at the request of an employee who needs leave or at the
request of the employee's departmental representative.
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9. No one may directly or indirectly make any attempt to intimidate, threaten, or
coerce any other employee, for the purpose of soliciting leave. Such action will be
considered a personal conduct issue and subject the employee to disciplinary
action, up to and including dismissal.
10. In the event the receiving employee does not utilize all of the donated hours received
from the shared leave bank, the balance will be returned to the bank.
11. Leave that is specified for a particular employee needing assistance but not utilized
will be transferred to the Shared Leave Bank.
12. Available banked leave hours will be determined by the requesting employee's hourly
rate of pay and rounded down to the nearest hour.
13. Hours donated to an individual employee will be recorded in the employee's shared
leave account. The leave hours will be determined by the donor's hourly rate of
pay and rounded down to the nearest hour. Hours used will be deducted at the
hourly rate of the recipient.
Return To Work:
1. 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. An 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.
Note: The shared leave policy was approved with one addition.
Chairman Williams noted that employees could be granted leave time to take care of a
"spouse, child, or parent." He mentioned there might be some extended family situations,
such as an employee caring for a grandchild. Mr. Williams suggested for the ordinance to be
amended to allow employees to take leave time for members not listed, upon approval by the
board of commissioners.
The other board members were in agreement with this amendment, and it will be added to the
ordinance.
Request for Approval of the January 20, 2009 Minutes
END OF THE CONSENT AGENDA
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Animal Grievance Committee (I announcement)
I -CARE Board of Directors (I announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (5 appointments): No
nominations were submitted, and Commissioner Johnson made aotio to postpone the
appointments until the February 17 meeting.
VOTING: Ayes — 5; Nays — 0.
Criminal Justice Partnership Program (1 a ointment): No nominations were
submitted, and Commissioner Norman made a otion to postpone the appointment until the
February 17 meeting.
VOTING: Ayes — 5; Nays — 0.
Purchase of Development Rights Committee (1 appointment): Commissioner
Robertson nominated Charles Carter.
OTION by Commissioner Johnson to close the nominations and to appoint Carter by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Statesville Planning Board ET 1 appointment): No nominations were submitted,
and Commissioner Norman made a knotitm to postpone the appointment until the February 17
meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisory Committee 2 appointments): No nominations were
submitted, and Chairman Williams made a Ko—ticini to postpone the appointments until the
February 17 meeting.
VOTING: Ayes — 5; Nays — 0.
NEW BUSINESS
House Bill 6 — Davie's Law/Humane Euthanasia in Shelters Act: Commissioner
Johnson expressed concern about this legislation. Mr. Johnson said he wanted to speak on behalf
of the county animal shelter employees and voice objection to the legislation that would require all
animals to be disposed of through lethal injection. Johnson said he felt the people advocating on
the elimination of gas chambers were well intentioned; however, he disagreed with their judgment.
He said it wasn't his intention to inflict any undue pain or suffering on the animals, but he was
concerned about the employees. Mr. Johnson said some of the animals were wild, and some were
mean. Johnson said the legislation's requirement to eliminate gas chambers and only use lethal
injection as a method for animal disposal was exposing the employees to unsafe situations. He said
the lethal injection method would require the employees to be in close proximity to dangerous
animals.
OTION by Commissioner Johnson for a letter to be sent to Iredell County's Legislative
Delegation expressing opposition the House Bill 6.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT
Veterans Staff Provides Cost Savings: County Manager Mashburn said several years ago, One
Source Document Solutions was contracted with to provide document scanning for the Veterans Office. Fie
said the purpose was to enable the staff to review the computer records while working at the Mooresville
office. Mashburn said the projected cost was $27,625.00; however, the staff provided much of the work and
cut the amount to $12,124. Mr. Mashburn congratulated Millie Wright and Brad Stroud, the two workers in
the Veterans' Office for their savings to the county. He said budget wise, the savings was a small step, but
the employees' actions were significant.
Commissioner Robertson said this was an example of the Toyota Management Method to eliminate
waste and improve efficiency. He said small steps were important.
Draft Retreat A eg nda: A draft retreat agenda was distributed, and Mr. Mashburn requested
the board members to let the staff know if additional topics needed to be discussed. (The retreat
will be held Friday, February 27 and Saturday, February 28 at the Agricultural Resource Center,
444 Bristol Drive, Statesville, NC.)
CLOSED SESSION: OTIO by Chairman Williams to enter into closed session
pursuant to Personnel — G.S. 143-318. 11 (a) (6) at 7:50 P.M.
VOTING: Ayes — 5; Nays — 0.
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RETURN TO OPEN SESSION: MOTIO by Commissioner Keadle to return to open
session at 8:30 P.M.
VOTING: Ayes — 5; Nays — 0.
APPROVAL OF AN AGREEMENT FOR SEVERANCE BENEFITS BETWEEN
COUNTY MANAGER JOEL MASHBURN AND IREDELL COUNTY: MOTION by
Commissioner Johnson to approve a severance benefits agreement with the county manager.
VOTING: Ayes — 5; Nays — 0.
ANNUAL PERFORMANCE REVIEWS OF THE COUNTY MANAGER,
SHERIFF, AND THE REGISTER OF DEEDS: MOTION by Commissioner Robertson to
approve a four percent merit increase for Iredell County Manager Joel Mashburn, Iredell County
Sheriff Phil Redmond, and Iredell County Register of Deeds Brenda Bell.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: There being no further business to conduct, Commissioner Norman
made a motio at 8:33 P.M. to adjourn the meeting.
VOTING: Ayes — 5; Nays — 0.
Approval:
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Clerk to the Board