HomeMy WebLinkAboutMay_5_2009_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MAY 5, 2009
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
May 5, 2009, at 7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting
Room), 200 South Center Street, Statesville, NC.
Board Members Present
Vice Chairman Marvin Norman
Steve Johnson
Ken Robertson
Scott Keadle
Absent: Chairman Godfrey Williams
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Tracy Jackson, Transportation Director Ben Garrison, Planning &
Development Director Ron Smith, Finance Director Susan Blumenstein, Parks & Recreation
Director Robert Woody, Assistant Human Resources Director Cynthia Eades, and Clerk to the
Board Jean Moore.
CALL TO ORDER by Vice Chairman Norman.
Recognition of Special Guests: Troop 171 Boy Scouts Kyle and Colin Breheny along
with Troop 348 Boy Scout Nathan McElwee attended the meeting. Assistant Troop Master Gene
Breheny also attended.
Update on Chairman Godfrey Williams: Commissioner Norman mentioned that
Chairman Williams continued to be hospitalized; however, health improvements had occurred.
He said Chairman Williams' wife, Patsy, had requested for everyone to continue in keeping the
family in their prayers.
INVOCATION by Commissioner Johnson.
PLEDGE OF ALLEGIANCE: The scouts led the Pledge.
ADJUSTMENTS OF THE AGENDA: County Manager Joel Mashburn advised that
one addition to the agenda was needed.
Addition: Request for Approval of a Resolution to Expand the Erosion and Sedimentation
Control Program to Include Troutman & Statesville Effective July 1, 2009
OTION by Commissioner Johnson to approve the agenda adjustment as presented by
the county manager.
VOTING: Ayes — 4; Nays — 0.
PUBLIC HEARING
Consideration of an Iredell County Area Transportation System Application with
the North Carolina Department of Transportation for Federal American Recovery and
Reinvestment Act Funding: Transportation Director Ben Garrison said the public hearing's
purpose was to allow citizen input related to the Federal American Recovery and Reinvestment
Act, and a resolution would need to be approved allowing the submittal of a grant application to
the North Carolina Department of Transportation (NCDOT). Garrison said the Act had $100
million allocated for North Carolina transit with $70 million being set aside for urban areas, and
the remaining $30 million for rural transit systems. He said the NCDOT became the recipient of
the funds from the Federal Transit Administration after applying for them, and then the money
was awarded to sub -recipients. Garrison said (1) the funding was 100% (2) no local match was
needed and (3) operating funds were not tied to the projects. He provided the funding time line
which indicated that sub -recipient agreements would be distributed June 18, and on
August 1, 2009 the projects could start. Garrison said the following items would be requested
in the application:
8 replacement vans with lettering/logos
Facility replacement windows with vinyl siding
Video surveillance cameras in the parking area
Automated vehicle locators/mobile data computers
Vehicle Preventative Maintenance for 22 months
Combined Total of $549,963
No one else desired to speak, and Vice Chairman Norman adjourned the public hearing.
MOTIO by Commissioner Johnson to accept Mr. Garrison's recommendation and
approve the resolution as presented.
VOTING: Ayes — 4; Nays — 0.
The resolution is as follows:
American Recovery and Reinvestment Act (ARRA) of 2009 Federal Section 5311
FY 2010 RESOL UTION
WHEREAS, the "American Recovery and Reinvestment Act, 2009" (Pub. L. 111-5; "ARRA'), signed into law he
President Barack Oboma on February 17, 2009, includes $8.4 billion for transit capital improvements, for which
the intent of the legislation is to: a) preserve and create jobs and promote economic recovery; b) assist those
affected negatively by the recession; c) provide investments needed to increase economic efficiency by spurring
technological advances; d) invest in transportation infrastructure that will provide long-term economic benefits;
and e) stabilize State and local government budgets, in order to minimize reductions in essential .services and
counterproductive State and local tax increases; and
WHEREAS, the ARRA provides $680 million of the $6.9 billion available under the Transit Capital Assistance
Program, to nonurbanized areas based on 49 U.S.C. Section 5311; and
WHEREAS, the nonurbanized area funds are apportioned based upon the nonurbanized population of each state
relative to the national urbanized area and land area in nonurbanized areas, of which the State of North Carolina
has been apportioned $33 million, and, after required set -asides for intercity projects and state administration costs,
North Carolina has announced the availability of approximately $24.7 million to fund eligible transit capital
projects, os defined in 49 U.S.C. 5302(a)(1), in nonurbanized areas; and
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina
have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for
administering federal and state public transportation funds; and
WHEREAS, the purpose of these ARRA transportation funds is to provide grant monies to local agencies for rural
public transportation capital improvement projects consistent with the intent of the legislation and to support efforts
to stimulate the economy; and
WHEREAS, Iredell County hereby assures and certifies that it will comply with the federal and state Statutes,
regulations, executive orders, Section 5333 (b) Warranty, and all special Federal and State reporting requirements
(at least quarterly) which relate to the applications made to and grants received from the Federal Transit
Administration, as well as the provisions ofSeclion 1001 ofTitle 18, U. S. C.
NOW, THEREFORE, be it resolved that the Transportation Director of Iredell County is hereby authorized to
submit a grant application fa federal,funding make the necessary assurances and certifications and be empowered
to enter into an agreement with the NCDOT to provide rural public transportation capital.
ADMINISTRATIVE MATTERS
Request for Approval of Three Documents Pertaining to the new Rocky River
School as follows: (1) Temporary Construction Easement & Permanent Sanitary Sewer
Easement (2) Access Easement & Sign Easement and (3) a Right of Way & Sight
Easement: Attorney Pope said a Certificates of Participation financing for school
construction occurred in the past, and the transaction required for the county to own the real
estate on which the schools were located. He said this was for both the schools being improved
as well as the new ones being constructed. Pope said the Mooresville Graded School District
transferred to Iredell County the title of a tract of land on Rocky River Road, and a school
facility was financed using the real estate. He said that if the schools had been financed in the
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"traditional" way, the property would still be owned by the school system. Pertaining to the
easements, he said improved access to the new school site was what the school system officials
were trying to achieve, and they began discussions with the Department of Transportation a year
ago about the various options. He said it was determined the easiest and cheapest method was to
have a road widening, but this would have affected two or three lots of an adjoining property
owner. Mr. Pope said to avoid condemnation expenses, negotiations occurred with the owner,
and a mutually satisfactory agreement was reached. He said that under the agreement,
Mooresville would receive a sight easement that would enhance the road's safety and access to
the school, plus a right of way for the widening of the road. Pope said in return, the school
system would give up two sewer easements and a sign easement. He said the school system had
determined this was a cost efficient method and described it as being a "win-win" for
Mooresville as well as for the adjoining property owner. Pope said the documents had been
examined, and they could be "tweaked," however, as far as substance and concept, they were
acceptable. He recommended their adoption.
County Manager Mashburn said that if the documents were approved, the chairman
should also be authorized to make any non -substantive changes, or the "tweaking" in order to
eliminate having to bring the documents back before the board.
MOTION by Commissioner Johnson to approve the documents with any amendments as
recommended by Mr. Pope.
VOTING: Ayes — 4; Nays — 0.
Request for a Review of the March 17, 2009 Minutes Pertaining to Health
Department Septic Pump Inspections: Commissioner Keadle said he was absent when the
March 17 minutes were approved, and he felt the minutes did not completely reflect what
happened. He said the minutes suggested that the board voted on a motion to not adopt the
health board fee, and also instructed the health board not to perform the septic inspections.
Continuing he said, "I went to the tape that's on the Internet, and I found that at 51 minutes and
26 seconds Commissioner Norman made a motion to reject the fee. About that time,
Commissioner Robertson brought the subject up with him and asked him if he meant that we
would not be doing the inspections as well, and Commissioner Norman agreed to that. There
was some discussion and subsequent to that, at 54 minutes and 16 seconds, about three minutes
later, the Chairman restated the motion and he stated the motion simply as, `We will not approve
the fee' and left anything out to do with the inspections. That's the only thing that I heard and
that's the motion that I voted on, and I think the confusion happened in that your motion could
perhaps have been to not have the fee and not do the inspections, but I didn't hear the
conversation between you (Commissioner Norman) and Mr. Robertson. So when I finally heard
it restated, I voted on the motion simply to not have the fee. I think if we voted to not do the
inspections we would be voting to not comply with state law. I feel like even if we had voted for
that it would be null and void. I guess my motion tonight will be to reconsider the approval of
the minutes, and subsequent to that, we may need a motion to reconsider that vote. I don't know
how that's handled, but certainly we all need to be voting on the same thing."
Commissioner Norman said the discussion had to do with charging fees for the
inspections, and that's what he was against. He said this was not a good time to add $120 to
someone for fees when they hadn't even asked for an inspection. Mr. Norman said he
understood what Commissioner Keadle had said about state compliance, but he didn't agree with
the fee.
Commissioner Keadle said he voted with Commissioner Norman on that part of the
motion, but the minutes reflected that the motion also said, "Don't do the inspections." Keadle
said he didn't feel the board voted to do that, but it was ambiguous if you watched the tape.
Commissioner Robertson said that if the health director didn't have the fees then she
didn't have the income to retain the people who were going to do the inspections. He said that if
the fees were not obtained, then there was no one there to perform the inspections so they were
not getting done. Robertson said, "The only difference is -- are we going to be the ones that say
that it's not going to be done due to our action or do we cut the people out, and then let her
(health director) hang for not doing the inspections."
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Commissioner Keadle said the first question was, "Are the minutes correct? What did in
fact did everyone vote on?" Mr. Keadle said he voted for what the chairman stated and that was
not to approve the fee. He said the question for the rest of the members was, "What did you vote
on?"
Commissioner Norman said he voted to not approve the fee also. He said, "This meant,
when she (health director) explained the request, that she could not run the program without
money to run it, and he realized this when he voted."
Commissioner Keadle said he was asking for clarification on Mr. Norman's motion so
everyone would know what was voted on. Keadle said the chairman, at the time, restated the
motion to not to have the fee and he didn't mention anything about providing the service, and
that's what he (Keadle) voted on at 54 minutes and 16 seconds. He said the minutes suggested
some ambiguity there.
Commissioner Johnson said that Mr. Keadle's concern was that the board had taken
action that conflicted with state law.
Commissioner Keadle said he was concerned, but he didn't feel the board had done this.
He said, however, the minutes needed to be clear.
Commissioner Robertson said he voted to have the fee in order to have the people to
perform the inspections as required by law. He said, "I thought the other members of the board
-- what ya'll took was it was an unfunded mandate -- we've never had to do it before -- we're not
going to start now -- so we're not going to collect the fees knowing very well that it meant that
she (health director) wouldn't have the inspectors, and the inspections wouldn't be done. Which
is okay, I can vote if you want to say `Hey it's an unfunded mandate, we say no,' then let's vote
to not obey the law -- not fund the positions and let's not do the inspections."
Commissioner Keadle asked, "As a matter of parliamentary inquiry -- strictly as a
procedural matter, if a commissioner made a motion, then there's debate about the motion, and
the chairman restates the motion for a vote, what governs?" He asked if the final restatement by
the chairman ruled or was it overruled by the original motion.
Attorney Pope said it would be his opinion that the restated motion would be what the
board members were voting on.
Commissioner Keadle said he felt that Robert's Rules would even let the commissioners
uphold that ruling. Keadle said he believed that what the chairman restated was correct, and
therefore, the minutes were incorrect.
Commissioner Johnson said he voted on what had been stated by the chairman. He
continued by saying, "My big concern is we're the only ones arguing about this. That the state
says you need to do it, but they're not making anybody do it. We're the only ones arguing about
it, and if we don't shut up the state might get wind of it and make us start doing it. I'll vote on
what ever you won't to vote on so it will go away."
Commissioner Keadle said he went to a board of health meeting two days after the
meeting and told them how he voted. He said they argued with him over how the vote went.
Keadle said he argued that he had voted to not have the fee; however, they argued that he had
voted to not do the service. Mr. Keadle said that was why he looked it up on the tape.
Commissioner Keadle said he wanted a ruling on whether or not the chairman's
restatement was the motion.
Commissioner Johnson and Commissioner Norman said the Chairman's restatement was
what they voted on.
MOTION by Commissioner Keadle to restate the minutes. (See the final motion on the
next page.)
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County Manager Mashburn said this would be to leave the fee rate the same, and nothing
else would be included in the motion.
Keadle said this was correct. He said the tape could be reviewed to quote the chairman
directly in the minutes.
The clerk to the board advised that the chairman's exact quote was, "Motion has been
made to deny the health department request for approval of septic pump inspection fees of $120
effective April L"
OTION by Commissioner Keadle to reconsider the approval of the minutes
(March 17, 2009) and to restate the motion as follows: Motion has been made to deny the health
department request for approval of septic pump inspection fees of $120 effective April 1.
VOTING: Ayes — 4; Nays — 0.
Request for Approval of a Lease between Iredell-Statesville Schools and Iredell
County Parks and Recreation for the use of School Activity Buses for Summer Camp:
Parks and Recreation Director Robert Woody requested approval of an annual lease with the
Iredell Statesville School System for the summer day camp program. He said two buses were
leased, and the only changes in the lease were the dates.
MOTTO by Commissioner Keadle to accept the lease.
VOTING: Ayes — 4; Nays — 0.
Request for Appointment of Representatives to the 2010 Census Complete Count
Committee: Deputy County Manager Tracy Jackson said the regional representative for the
census bureau had asked local jurisdictions to collaborate in promoting the census. He said a
committee was being established, and appointees from diverse and unincorporated areas of the
county were being requested.
Vice Chairman Norman asked how soon the appointments were needed.
Jackson said as soon as possible, but the next meeting would be sufficient.
Mashburn said the correct procedure would be to announce the vacancies at this meeting
and to make the nominations on May 19.
MOTION by Commissioner Keadle to approve the 2010 Census Complete Count
Committee.
VOTING: Ayes — 4; Nays — 0. (Appointments will be made at the May 19 meeting.)
Request For Adoption of Revised Leave Under the Family and Medical Leave Act to
Replace Current Policy: Assistant Human Resources Director Cynthia Eades said revisions to
Article VI, Section 8 to the Personnel Ordinance were necessary for the county to be in
compliance with the Family and Medical Leave Act. She said the revisions did no more than
what was required by law. Eades said the most significant change pertained to the addition of
two types of job -protected leave that were not available until recently. She said the first type
was called military exigency leave and the second was military caregiver leave. Mrs. Eades said
the exigency leave provided employees up to 12 weeks of job protected leave for a family
member who was either in the National Guard, or in the Reserves, and had been called to active
service. She said the leave was designed to allow the employees to do a variety of things. Eades
said the military caregiver leave allowed employees to care for family members who became
injured or ill during active duty. She said up to 26 weeks was allowed to care for a family
member. Eades said a few other changes were included but they were minor.
Vice Chairman Norman said the county's policy adhered to the federal law.
Eades said this was correct, and the county's policy did not provide anything other than
what the FMLA required.
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MOTION by Commissioner Robertson to adopt the revisions as written.
VOTING: Ayes — 4; Nays — 0.
A complete copy of the revised FMLA policy is as follows:
FAMILY MEDICAL LEAVE ACT LEAVE
Under the federal Family and Medical Leave Act of 1993, as amended (FMLA), an employee may be
eligible for a period of job -protected unpaid leave if the employee meets the criteria set forth in the
FMLA. This Policy provides a brief overview of the statutory criteria as well as the County's own
policies regarding FMLA Leave.
General Eligibility
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.
Types and Duration of FMLA Leave
Basic FMLA Leave and Active Dow LV eave
An employee may be eligible for up to 12 weeks of unpaid leave in a rolling backward 12 month period
for the following reasons:
1. the birth of a child and to care for such child or placement for adoption or foster
care of a child;
2. to care for an immediate family member (spouse, child under 18 years old or 18
and over that is incapable of self-care, or parent) with a serious health
condition;
3. because of a serious health condition which renders you unable to work, or
4. because of any qualifying exigency arising out of the fact that your spouse, son
(of any age), daughter (of any age) or parent, defined as a covered military
member, is on active duty (or has been notified of an impending call or order to
active duty) in the National Guard or Reserves or is a retired member of the
Armed Forces or Reserves and has been notified of an impending call or order to
active duty in support of a contingency operation.
Basic FMLA leave for the birth or placement of a child must conclude within 12 months of the birth or
placement of the child.
Basic FMLA leave is not available to care for: (a) a parent -in-law; (b) a child 18 years of age or older,
unless the child is incapable ofself-care due to a disability as defined by the Americans With Disabilities
Act.
When leave is requested to care for an immediate family member, the County reserves the right to require
documentation of thefamily relationship.
Leave taken for any FMLA qualifying event, by an employee who is eligible for FMLA leave, will be
designated as FMLA leave, even if the employee has not spec feally requested FMLA leave.
Military Caregiver Leave
An employee also may take Military Caregiver Leave to care for a spouse, son (of any age), daughter (of
any age), parent or next of kin (as defined in 29 CFR 825.122) who is a current member of the Armed
Forces, including the National Guard or Reserves, who is undergoing medical treatment, recuperation,
or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a
serious injury or illness incurred in the line of duty. A covered service member incurs a serious illness or
injury for purposes of this paragraph when he or she is medically unfit to perform the duties of his or her
office, grade, rank or rating.
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Eligible employees are entitled to a total of 26 weeks of unpaid Military Caregiver Leave during a single
12-month period. This single 12-month period begins on the first day an eligible employee takes Military
Caregiver Leave and ends 12 months after that date.
The leave entitlement described in this paragraph applies on a per -covered service member, per -injury
basis. However, no more than 26 weeks of leave may be taken within a single 12 -month period by any
covered employee. Even in circumstances where an employee takes other leave covered by the federal
FMLA under numbers 1-4 in the Basic FMLA Leave and Active DutyLeave section above, the combined
leave shall not exceed 26 weeks during that 12 -month period.
Definitions
• A "serious health condition" referenced in numbers (2) and (3) of the Basic FMLA Leave
and Active Dutv Leave .rection above means an illness, injury, impairment, or physical or
mental condition that involves:
(a) in-patient care (i.e., an overnight stay) in a hospital or other medical care facility
(including any period of incapacity or any subsequent treatment in connection
with such in-patient care);
(b) a period of incapacity of more than three (3) consecutive full calendar days, and
any subsequent treatment or period of incapacity relating to the same condition
that also involves (i) treatment two (2) or more times by a health care provider
or under the supervision ofa health care provider within 30 days of the start of
the incapacity, or (ii) treatment by a health care provider on at least one (1)
occasion within seven (7) days of the start of the incapacity, which results in a
regimen of continuing treatment under the supervision ofa health care provider;
(c) any period of incapacity due to pregnancy, or for prenatal care,-
(d)
are;
(d) any period of incapacity due to a chronic serious health condition requiring
periodic visits of at least twice a year for treatment by a health care provider;
(e) a period of incapacity which is permanent or long-term due to a condition for
which treatment may not be effective, during which the employee (or family
member) must be under the continuing supervision of, but need not be receiving
active treatment by, a health care provider; or -
(f) any period of absence to receive multiple treatments by a health care provider or
under the supervision ofa health care provider, either for restorative surgery,
after an accident or other injury, or fbr a condition that will likely result in a
period of incapacity, of more than three (3) consecutive calendar days in the
absence of medical intervention or treatment.
• A "qualifying exigency" referenced in number (4) of the Basic FMLA Leave and Active
Duty Leave section above refers to the following circumstances.-
(a)
ircumstances:
(a) Short -notice deployment to address issues arising when the notification ofa call
or order to active duty it seven (7) days or less;
(b) Military, events and related activities: to attend offzciol military events or family
assistance programs or briefings;
(c) Childcare and school activities: for qualifying childcare and school related
reasons for a child, legal ward or stepchild ofa covered military member;
(d) Financial and legal arrangements: to make or update,fznancial or legal affairs to
address the absence of a covered military member;
(e) Counseling: to attend counseling provided by someone other than a health care
provider for oneself, for the covered military member, or child, Legal ward, or
stepchild of the covered military member;
)) Rest and recuperation: to spend up to five (5) days for each period in which a
covered military member is on a short-term rest leave during a period of
deployment;
(g) Post -deployment activities: to attend of ceremonies or programs sponsored
by the military for up to 90 days after a covered military member's active duty,
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terminates or to address issues arising from the death of a covered military,
member while on active duty;
(h) Additional activities: for other events where the County and the employee agree
on the time and duration of the leave.
Snouses Emnloved by the Count
When a husband and wife are both employed by the county, they are limited to a combined total of 12
workweeks of leave 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. This limitation does not prohibit
either employee from taking additional Basic FMLA leave for which he or she may be eligible, such as
leave taken to care for a child with a serious health condition or because of the serious health condition
of the employee.
A husband and wife will be eligible for a combined 26 weeks of unpaid Military Caregiver Leave. If the
husband or wife also taker additional Basic FMLA leave (combined or individual), that leave also will
count toward the 26 weeks of combined Military Caregiver Leave during a single 12 -month period
Notice of Need for FMLA Leave
If the leave is .foreseeable (birth or placement, planned medical care, leave due to active duty of
immediate family, member), employees must provide at least thirty (30) days advance notice. If
circumstances prevent providing the thirty days advance notice, then the employee should provide as
much notice as possible.
ff an employee fails to give the required notice for foreseeable leave with no reasonable excuse, the
employee may be denied the taking of the leave until the employee provides adequate notice of need for
the leave. Employees should make every reasonable effort to schedule medical treatments so as not to
disrupt the ongoing operations of the department.
Employees who are out on FMLA leave are expected to report every pay, period to their supervisor on
their status and intent to return to work and to ensure proper completion of timesheets.
Intermittent FMLA Leave
Leave on an intermittent or reduced schedule basis may be available when medically necessary due to an
employee's serious health condition or an employee's immediate family member's serious heath condition
or fora qualifying military exigency. Intermittent or reduced schedule leave for the birth or placement of
a child,for adoption or foster care may be taken only with approval from the County Manager. Military
Caregiver Leave may be taken intermittently or on a reduced leave schedule when medically necessary.
Employees taking intermittent leave must follow their department's standard call-in procedures absent
unusual circumstances.
In some instances the County may, transfer an employee on intermittent or reduced schedule leave to an
alternate position for which the employee is qualified and which better accommodates periods of
recurring leave.
Documentation Supportive FMLA Leave
Your reason for the leave must be covered under FMLA and you must provide a completed FMLA
Certification of Health Care provider Form supporting the need for the leave. A request for reasonable
documentation offamily relationship verifying the legitimacy (ifa FMLA Leave may also be required.
Employees will have fifteen (15) days in which to return a completed Certification form following receipt
of the form from human Resources. If the Certification form is incomplete or insufficient, an employee
will be given written notification of the information needed and will have seven (7) days after receiving
such written notice to provide the necessary information. If an employee fails to provide timely
certification after being required to do so, the employee may be denied the taking of the leave under
FMLA. Unauthorized leave may result in disciplinary, action, up to and including dismissal.
If'there is reason to doubt the validity of the medical certification, a second opinion, at the expense of the
County, related to the health condition may be required. ff the original certification and the second
opinion dimer, a third opinion, at the expense of the County, may be required. The opinion of the third
health care provider, which the County and the associate jointly select, will be the final and binding
decision.
A request for Active Duty Leave must be supported by the Certification of Qualifying Exigency for
Military Family Leave form as well as appropriate documentation, including the covered military
member's active duty orders. A request for Military Caregiver Leave must be supported by the
Certification for Serious Injury or Illness of Covered Servicemember form as well as any necessary
supporting documentation.
Recertification
Under certain circumstances as provided by law, including (but not limited to) situations in which the
need or nature of the approved leave changes, the County may, in its sole discretion, require
recertification of your serious health condition. The County may also request recertification every year
in which FMLA Leave is taken for any serious health condition that lasts longer than one (1) year. In
these situations, you will have fifteen (15) days in which to provide, at your expense, a completed
Recertification form.
Substitution o/'Paid Leave
All leaves under this policy will be unpaid for exempt and nonexempt employees, unless FMLA runs
concurrently with paid leave. Employees are required to substitute accrued compensatory time and sick
leave for FMLA 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, except substitution of accrued
compensatory and sick leave is not required or allowed when an employee is on disability and receiving
disability pay or benefits under an employer sponsored insurance program (such as Worker's
Compensation). Compensatory leave will be used first then accrued sick leave. Employees are not
required but may elect to substitute vacation leave for FMLA leave.
Employees on FMLA due to the serious health condition of an immediate family member must substitute
accrued compensatory leave for FMLA and may elect to use available sick leave up to 80 hours as
specified in the County's sick leave policy. Compensatory time and sick leave used for this purpose will
run concurrently with FMLA.
FMLA leave taken under this policy will count toward the total unpaid leave available under the County's
maximum leave of absence.
Supervisors are responsible for documenting FMLA leave on the employee's time sheet and seeing that
the appropriate codes are entered for time and attendance. Available compensatory leave should be used
,first, sick leave for the employee's illness or when elected to use for a family member's illness should be
used after compensatory leave is exhausted, then vacation leave if the employee elects to use it before
LWOP.
Benefits During FMLA Leave
1. Employees shall have the option to retain all unused annual leave while on leave. However, no
more than 240 hours can he carried over at the end of the calendar year.
2. Annual and sick leave will be accrued on a pro -rated basis determined by the number of hours an
employee is in pay status during the pay period.
3. An employee on FMLA leave will be retained on the county's group hospitalization plan at the
same level and under the same conditions as provided prior to the employee's leave. Employee
contributions for dependent health insurance 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 County's Maximum Leave
Without Pay, 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.
Employees are responsible for paying the premiums for voluntary insurance products maintained
during the period of leave.
Reinstatement
If'an 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,
9
provided the employee furnishes a healthcare provider's medical verification of such capability. Refusals
ofan offer of reinstatement will be treated as a voluntary resignation.
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, continues to apply, t o employees on FMLA leave as if the
employee had remained in active service.
Upon reinstatement, the employee will be restored to coverage under all employee benefit plans in which
heLshe was participating in the last regular job held prior to the FMLA leave, unless the employee has
changed his/her election.
Failure to Return from Leave
Ifyou take FMLA leave in excess of the weeks for which you are eligible or fail to return.from leave as
scheduled, you will not be assured a position with the County, upon your return and may be subject to
disciplinary action.
Interaction with State Military Leave Laws
Certain states require employers to provide greater or different job -protected leave to family members of
persons in the military. When applicable, the County complies with all such militaryfamily leave laws.
When leave provided under one of these laws is covered under the federal FMLA, it also shall count
toward the employee's federal FMLA entitlement and as FMLA Leave under this Policy. These military
family leave laws vary by state, and the employee should contact Human Resources if you have questions
about them.
Request for Approval of Applications for NC ADM Funds and NC Education Lottery
Funds: Finance Director Susan Blumenstein said there were two applications for consideration, and they
were prepared by the Iredell-Statesville School System. She said the first application was for $899,700
from the Public School Building Capital Fund for the Coddle Creek Elementary School, and a budget
amendment was not necessary due to the funding being included in the 2008 project ordinance.
She said the second application was for the withdrawal of lottery proceeds that had been allocated
to the Iredell Statesville Schools. Blumenstein said this year's budget had $650,000 of public school
building capital fund, and the school system desired to change this by using lottery proceeds instead,
because they did not require a local match. Additionally, she said $271,523 was being requested for
appropriation to the schools to assist with costs incurred for the Phase III projects. Blumenstein said that
information about lottery proceeds and ADM capital funds could be found on-line at the Department of
Public Instruction's web site, and there was a notation that all funds were frozen statewide. She said
conversations had occurred with representatives of DPI and with the NCACC, and there was assurance
that the applications would be approved if submitted this week.
OTION by Commissioner Johnson to approve the applications.
VOTING: Ayes — 4; Nays — 0.
BA#51
Revised revenues budgeted from State Public School Building Capital
Fund and appropriate additional funding to Iredell-Statesville Schools.
Account #
Current
Change
Amended
104700 457000
Public School Bldg Cap Fund
(65U00)
650,000
-
104700 457101
Lottery Proceeds-Iredell-Statesville
(921,523)
(921,523)
105700 560002
Iredell-Statesville Capital Outlay
6,221,107
271,523
6,492,630
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Request to Reconfirm Approval of the July 2008 Agreement between Iredell County
and Troutman Fire and Rescue: Deputy County Manager Tracy Jackson said that in July of
2008, the Troutman Fire and Rescue and Iredell County EMS received approval to co -locate an
EMS unit in a proposed Troutman Fire substation. He said the fire & rescue representatives had
indicated they were now ready to move forward with construction bids, and both parties desired
to reconfirm the board's approval to move ahead with planning for an EMS unit to be stationed
in the proposed fire facility located off Perth Road.
County Manager Mashburn said the 536,000 that was included in the FY 10 budget only
covered the rental and furnishings. He said it did not include any personnel or rolling equipment
for the particular site. He asked the plans for personnel.
Jackson said EMS would take existing staff/equipment and basically spread out.
EMS Director David Cloer said existing staff could be used and the Mooresville
Supervisor could be shifted to the area. He said there was sufficient equipment available to
supply the trucks. Cloer said the set up would be similar to Lake Norman where the supervisors
were rotated out depending on the severity of calls and mutual aid with other departments. He
said a quick response vehicle would be used.
Commissioner Johnson asked how long it was anticipated this arrangement could be used
before the staff or equipment had to be expanded.
Cloer said that in the Mooresville area, probably not long. He said the supervisors could
probably stay as long as needed, but the Troutman unit would have to be upgraded, or a third
Mooresville unit would have to be added -- within the next three to five years.
MOTION by Commissioner Robertson to reconfirm approval of the 2008 agreement
between Iredell County and the Troutman Fire & Rescue to co -locate an EMS unit in the
proposed Troutman Fire & Rescue substation.
Commissioner Johnson said it was understood that this would obligate $36,000 in next
year's budget. He asked if the county manager was comfortable with the arrangement.
County Manager Mashburn said that in addition, the board was authorizing the director to
shift from one station to another adequate personnel to effect the change. Mashburn said the
EMS Director's immediate plan was to use the Asst. Shift Supervisor, who was stationed in
Mooresville, to effect the change at least in the foreseeable future with the understanding that at
some point in time, the Mooresville work load would be to the point that the Troutman base
would have to be staffed. He said the correct understanding of the situation was one reason why
the reconfirmation was being requested. Mashburn said the $36,000 would cover the expenses
for next year.
Commissioner Johnson reminded the EMS Director that he would have to make do with
the personnel and equipment available at the current time until things were better.
VOTING: Ayes — 4; Nays — 0.
Request for Approval of the April 21, 2009 Minutes: MOTION by Commissioner
Keadle to approve the minutes.
VOTING: Ayes — 4; Nays — 0.
Request for Approval of a Resolution to Expand the Erosion and Sedimentation
Control Program to Include Troutman & Statesville Effective July 1, 2009: Planning and
Development Director Ron Smith said that in 2006, Iredell County assumed the erosion and
sedimentation control program from the state. He said from the start, the county planned to
possibly provide the service for the municipalities, and Troutman and Statesville had agreed.
Smith said discussions with the Town of Mooresville had occurred about the county assuming
this jurisdiction's program; however, approval had not been obtained. He said that if the board
approved the county's resolution, it would be combined with the documents from Troutman and
Statesville, and they would be sent to the Sedimentation and Erosion Control Commissioner for a
May 21 review. He said the submission deadline was this week.
Commissioner Robertson said that when the ordinance was passed, it was basically an
agreement for the county to enforce the state rules because the state wasn't enforcing the
regulations pertaining to the soil erosion and sediment runoff occurring at the lake. He said the
county took the program over because the state wasn't doing the job.
Smith said this was correct.
Robertson said there were no more rules in the county program than what the state had as
far as setbacks and so forth.
Smith said there was only one difference, and this pertained to watersheds and the critical
or protected areas. He said there were provisions that applied to half -acre lots whereas the state
had one -acre lots.
Robertson asked why there was a holdup with Mooresville. He said that municipality
would probably receive the greatest benefit with the protection of the lake water.
Smith said he had mostly worked with the Mooresville officials to appease and satisfy
their questions. He said staff endorsement had been received, but there were concerns about
turnaround time for plans review. Smith said he thought this centered around the inspections
department and not necessarily the erosion/sedimentation program.
Robertson said the county had inspectors on short workweeks because they didn't have
enough work. He asked if this was really a problem.
Smith said he believed this was not a problem.
County Manager Mashburn said a meeting was scheduled on May 8 with the Mooresville
Town Manager and staff. He said it was understood the program had never gone before the town
commissioners, and it had been held at the Mooresville manager's level.
Smith said that if the resolution were approved, he recommended an effective date of
July 1, 2009.
MOTION by Commissioner Johnson to approve.
VOTING: Ayes — 4; Nays — 0.
A copy of the resolution is as follows:
WHEREAS, in 2007, Iredell County adopted an Erosion and Sedimentation Control
Program which was applicable to all the unincorporated areas of Iredell County; and
WHEREAS, the areas within the incorporated areas of Iredell County are also
experiencing issues with erosion and sedimentation arising principally from land disturbance
activities related to economic development; and
WHEREAS, the City of Statesville and the Town of Troutman have enacted resolutions
adopting the Iredell County Erosion and Sedimentation Control ordinance and making it
applicable to the areas within their corporate and extraterritorial jurisdiction boundaries and
requesting the assistance of Iredell County in policing and enforcing the Iredell County
ordinance within their corporate and extraterritorial jurisdiction boundaries; and
WHEREAS, Iredell County has and does hereby agree to the request from Statesville and
Troutman.
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NOW, THEREFORE, BE IT RESOLVED:
1. The Erosion and Sedimentation Program adopted by ordinance by the County
Commissioners of Iredell County on May 5, 2009 is hereby extended into the
incorporated areas and the areas of extraterritorial jurisdiction of the City of
Statesville and the Town of Troutman, effective on the 1 st day of July 2009.
2. Iredell County personnel shall, effective on the I st day of July 2009, begin to
enforce the Iredell County Erosion and Sedimentation Control ordinance in
the areas aforesaid to the same extent as the same is enforced in the
unincorporated areas of Iredell County.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
2010 Census Complete Count Committee (15 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Statesville Planning Board (ETJ) (1 appointment): (This appointment was postponed
until the May 19 meeting.)
Animal Grievance Committee (1 appointment): MOTION by Commissioner Johnson
to table the appointment.
VOTING: Ayes — 4; Nays — 0.
Nursing Home Advisory Committee (1 appointment): MOTION by Commissioner
Robertson to table the appointment.
VOTING: Ayes — 4; Nays — 0.
Adult Care Home Community Advisory Committee (3 appointments): MOTION by
Commissioner Keadle to table the appointments.
VOTING: Ayes — 4; Nays — 0.
Industrial Facilities & Pollution Control Financing Authority (2 appointments):
Commissioner Robertson nominated Steve Robinson and Kevin Donaldson.
OTION by Commissioner Norman to appoint Robinson and Donaldson.
VOTING: Ayes — 4; Nays — 0.
Fairgrounds Capital Improvement Committee (9 appointments): Commissioner
Keadle nominated Jane Hall as a county citizen appointment.
Commissioner Johnson nominated the following individuals:
Steve Cash as a county citizen appointee
Barbara Blackwelder as an agricultural community appointee
Sam Dobson as an agricultural community appointee
Steve Johnson as a county commissioner appointee and as a member of the Fairgrounds Committee
Harvey Pons as a representative of the Kiwanis Club
Jim Head as a representative of the Kiwanis Club
County Manager Joel Mashburn to serve in an ex -officio capacity (non-voting)
Cooperative Extension Service Director Ken Vaughn to serve in an ex -officio capacity (non-voting)
MOTION by Commissioner Norman to appoint Hall, Cash, Blackwelder, Dobson, Johnson,
Pons, Head, Mashburn, and Vaughn.
VOTING: Ayes — 4; Nays — 0.
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UNFINISHED BUSINESS
Statesville Airport: Commissioner Johnson advised that a mock demonstration would be
held on May 8 at the airport. He said the aeronautics meeting would be the following week, and
if anyone desired to attend to let him know.
COUNTY MANAGER'S REPORT: County Manager Mashburn said National County
Government Week was May 3-9, and a recycling program was provided on Monday. He said
today, a program was given at Shepherds School, and the Horizon Plan would be presented on
May 6. Mashburn said more programs would be provided a few other days, and the committee
members who formulated the programs in recognition of the week were Planning &
Development Director Ron Smith, Solid Waste Director David Lambert, and Cooperative
Extension Director Ken Vaughn.
Ron Smith said a tour of the methane plant would be provided, but the Solid Waste
Director would need to know the names of the people planning to attend.
ADJOURNMENT: There being no further business, at 8:00 P.M., Commissioner
Robertson made a motion to adjourn. (NEXT MEETING: Tuesday, May 19, 2009, at 5 and 7
P.M. in the Iredell County Government Center, 200 South Center Street, Statesville, NC.)
VOTING: Ayes — 4; Nays - 0.
Approved:
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Clerk to the Board