HomeMy WebLinkAboutOctober_26_2010_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
OCTOBER 26, 2010
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
October 26, 2010, 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 Steve Johnson
Scott Keadle
Frank Mitchell
Ken Robertson
Staff present: County Manager Joel Mashburn, Deputy County Manager Tracy Jackson,
Finance Director Susan Blumenstein, Health Director Donna Campbell, Purchasing Agent Dean
Lail, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Norman
INVOCATION by Commissioner Johnson
PLEDGE OF ALLEGIANCE
Presentation of a Resolution Requesting the North Carolina Board of
Transportation to Name the Bridges Located along Interstate 40 at the Iredell/Catawba
County Boundary Line in Honor of North Carolina Highway Patrolman C.H. Hoffman:
Commissioner Johnson read and presented the following resolution to North Carolina State
Highway Patrol Sergeant Kelly W. Stewart, with Troop F, District 4, located in Statesville, NC.
RESOLUTION
FOR THE
TROOPER C.H. HOFFMAN MEMORIAL BRIDGES
WHEREAS, the North Carolina Highway Patrol was established in 1929 with a statutory
responsibility to patrol the highways of the state, enforce the motor vehicle laws, and assist the
motoring public; and
WHEREAS, in accomplishing the many services and responsibilities of the North
Carolina Highway Patrol, many courageous and noble state troopers have made the ultimate
sacrifice in giving their lives while in the line of duty; and
WHEREAS, the North Carolina Board of Transportation has allowed bridges throughout
North Carolina to be named after fallen troopers as a fitting and proper way to honor them; and
WHEREAS, on March 15, 1968, in Iredell County, State Highway Patrolman Cecil H.
Hoffman was killed in a pursuit related traffic accident; and
WHEREAS, the Iredell County Board of Commissioners desires to dedicate the bridges
that are located along Interstate 40 at the Iredell/Catawba County boundary line in honor of
Patrolman Hoffman; and
WHEREAS, the Iredell County Rescue Squad, the West Iredell Fire Department, and the
Iredell County Sheriff's Office joins the Iredell County Board of Commissioners in making this
request.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners for the
County of Iredell as follows:
That this Board respectfully asks the North Carolina Board of Transportation
to name the bridges after Patrolman Hoffman as a way to signify and
memorialize his contributions to Iredell County and the State of North
Carolina.
2. That upon said designation that the North Carolina Department of
Transportation erect the proper signage to read as the "Trooper C.H.
Hoffman Memorial Bridges" to notify the general public about this
important dedication.
Sgt. Stewart, who was accompanied by three other highway patrolmen, said that
Patrolman Hoffman lost his life in 1968 due to a pursuit related accident. Stewart said Hoffman
left behind a wife and two small children. He thanked the board for the resolution on behalf of
the highway patrol and the Hoffman family.
(A round of applause then occurred in appreciation for the patrolmen and the work they
provide in making the roadways safer for the citizens of Iredell County and throughout North
Carolina.)
PUBLIC HEARINGS
Chairman Norman declared the meeting to be in a public hearing.
Consideration of an Amendment to the 2006 Scattered Site Rehabilitation Grant
Program: Donald Hicks, the Deputy Executive Director of Administration for the Statesville
Housing Authority, said an amendment was needed for the grant documents due to only 10
homes, out of the original 15, receiving the rehabilitation work.
No one else desired to speak, and Chairman Norman adjourned the hearing.
Chairman Norman declared the meeting to be in a public hearing.
Consideration of the Closeout of the 2006 Scattered Site Rehabilitation Grant
Program: Donald Hicks, the Deputy Executive Director of Administration for the Statesville
Housing Authority, said a public hearing was necessary before the 2006 scattered site
rehabilitation grant could be closed out.
The public was offered an opportunity to speak; however, no one chose to do so, and
Chairman Norman closed the hearing.
MOTTO by Commissioner Johnson to approve the amendment and to allow the staff to
closeout the 2006 Scattered Site Rehabilitation Grant Program which will include permission for
the Chairman to sign the closeout documents.
VOTING: Ayes — 5; Nays- 0.
ADMINISTRATIVE MATTERS
Request for the Adoption of an Iredell County Language Access Plan as Required
by the NC Department of Commerce, Division of Community Assistance, for the Scattered
Site Housing Grant: County Manager Joel Mashburn said the North Carolina Department of
Commerce required that a Language Access Plan be adopted for the 2006 Scattered Site Housing
Grant.
Finance Director Susan Blumenstein said the Department of Commerce (Division of
Community Assistance) had provided a Language Access Plan (LAP) template which was
similar in form to the ones adopted by the Iredell County Health Department and the Iredell
County Department of Social Services. She said the Department of Commerce had advised that
unless an LAP were adopted, the county could face the loss of current and future federal funds,
as well as possible litigation from legal services organizations and private individuals, along
with Housing and Urban Development (HUD) and Equal Employment Opportunity
investigations. She said also the US Department of Justice, or the Office for Civil Rights, would
have the authority to investigate claims of discrimination. Blumenstein said the compliance
office, once the LAP was approved, would review and approve the document. She said then,
posters and other resources would be posted. Blumenstein said that when the grant was
2
monitored, representatives would review for compliance, and the county would be subjected to
random reviews under Title VI. Blumenstein said that if the county had more than one language
that met the threshold, that documents would have to be translated. Blumenstein said that at the
current time, the only documents that would have to be translated were the ones for Spanish,
unless there was a specific question. She said LAPS were not new federal requirements, but that
HUD had recently issued a notice that all grantees had to be in compliance and have this type of
plan.
Commissioner Keadle said he saw that the LAP was effective September 30.
Blumenstein said this was correct, due to this being the Department of Commerce's
deadline. She said a letter was received on October 15 detailing the need for a LAP.
Keadle said the county had been compliant all along, but the commerce department
needed the paperwork.
Blumenstein said this was correct.
Keadle said he had read the summary of Title VI, and it stated that Title VI of the Civil
Rights Act of 1964 prohibited discrimination based on race, color, or national origin, by any
entity receiving federal financial assistance. He said the law had been passed, and it stated the
county could not discriminate based on race, color, or national origin. Keadle asked if there
were additional requirements that would have to be met by the county other than what was in the
plan.
Blumenstein said the only answer she could provide was that the Department of
Community Assistance (DCA) was requiring the county to adopt the plan.
Keadle said the DCA had drafted the plan.
Blumenstein said this was correct. She said the plan was at least 98% identical to the
ones used by social services and the health department.
Keadle asked Health Director Donna Campbell her thoughts about the Language Access
Plan.
Campbell said it was a Title VI requirement that had to be implemented by the health
department several years ago. She said a template was also used to write the health department's
plan.
Commissioner Keadle said he had made amendments to the template, and the completed
document completely complied with Title VI. Keadle said discrimination could not occur based
on race, color, or national origin. He said, "As long as we treat everyone the same, then we're
not discriminating against anyone. I drew up an amended version. 1 made sure that 1 spelled out
very clearly that we don't, don't intend to, or permit anybody to discriminate against anybody for
any reason. I don't know who to ask. You're the finance officer, but it seems a little
unreasonable to ask you (Blumenstein). I'd like to ask somebody if we're okay if we just don't
discriminate against people, or do we have to go further with special privileges to certain
members of the population and say that we're going to speak English to everybody else, but you
can just pick which ever language you like, and we're going to make everybody in the
government speak your language. We're going to make the taxpayers pay for interpreters to
speak your language. Mr. Chairman, that makes no sense to me. It doesn't seem to me that if we
speak English to everybody, that we're discriminating against anybody; particularly if we don't
even know their national origin or care about their national origin. You know someone could
say, `Well, they don't know how to speak English,' or whatever, but they could learn how to
speak English. My wife speaks four languages. She grew up in a tiny province a long way from
Beijing in China. When she started to study they told her she had to speak Mandarin. She
learned how to speak Mandarin. When she went to business school, they told her if she wanted
to be in international business, she had to speak English. She learned to speak English. When
she got done with that, her company moved her to Guangzhou and was told you can't speak
English, you can't speak Mandarin, and you can't speak your native tongue. You have to speak
Cantonese. She had to learn how to speak Cantonese. Never once have 1 heard her say that
3
anybody discriminated against her. I think she's always thought that if you're in Canton, you'll
speak Cantonese, and you can speak any other language that you want, but you can't expect a
whole bunch of people to change their language based on whatever you're speaking. You have
to speak their language Mr. Chairman."
Chairman Norman said he understood, but the only thing the board had to do was comply
with what the Department of Community Assistance was requesting. He said this might mean
converting English into a language that could be understood by non-English speaking people.
He asked the county manager for his comments.
County Manager Mashburn said regulations occurred after legislation was enacted, but
the statute didn't specifically mention a language access plan. He said, however, it was up to the
bureaucracy to develop regulations to carryout the intent of the legislation. Mashburn said the
Housing & Urban Development (HUD) agency had decided that a plan was necessary to ensure
that the intent of the legislation was met, and the LAP was included as a part of the requirements
to receive federal funds. He said the language in the plan stated that grantees had to provide
assistance. Mashburn said it had been determined that in Iredell County, the only language other
than English, that had to be provided was Spanish. He said that in order to fulfill the 2006
Scattered Site Housing grant, Iredell County needed a language access plan. Mashburn said
HUD had determined that if a citizen didn't have access because of limited English proficiency,
then that person had been discriminated against. He said the county accepted a 2003 grant, and a
LAP wasn't required. Continuing, Mashburn said that when the 2006 grant was received, the
county didn't know the LAP was required. He said $329,000 had been spent, and unless the
county had an appeals process to eliminate the LAP requirement, he recommended approval.
Mashburn said that if a LAP wasn't adopted similar to the template, then the board might have to
review the situation again in the future. He said also that the county might have to re -pay the
$329,000 to the federal government.
Keadle said that if failing to speak the language of an individual who could not speak
English was discrimination, then this meant that anyone who spoke Russian, Portuguese, or any
other language, who came to Iredell County, was being discriminated against. He said, "That
means we, by this plan that's been submitted by staff, that was suggested by HUD, it means any
individual who does not speak English and does not speak Spanish, that means we will, by HUD
definition, discriminate against them. I can't imagine that the intent of Congress, and the
President at the time, was for Iredell County to discriminate against certain individuals, but not
to discriminate against politically significant groups. If the Constitution is to protect individuals,
then it's to protect individuals. My amended Language Access Plan protects all individuals from
being treated differently on any basis. It encourages people to speak English, which is the
language of opportunity. It is the international business language. We do nobody any service by
suggesting to them that they shouldn't speak English, whether they live in the United States, or
whether they live in Spain. They are better off if they speak English."
Commissioner Robertson asked Attorney Pope if he had reviewed the amendments
prepared by Dr. Keadle.
Attorney Pope said he had scanned the amendments, and had intended to look over the
Title VI regulations, but he didn't have time.
Commissioner Robertson asked, assuming the county adopted an amended plan and HUD
rejected it, if the county could be held responsible for the money that had been expended.
Attorney Pope said it was a gamble.
Commissioner Johnson asked if the plan was basically for the future.
Chairman Norman and County Manager Mashburn said the plan had to do with the
current grant. Mashburn said that in order to closeout the grant, a plan was needed.
Commissioner Johnson said that if the county did not agree to the LAP, then there might
be the possibility of a lawsuit with the county having to pay the grant funds back to HUD.
4
Mashburn said this was a possibility. He said it would have been good to know, early in
the game, that a LAP was needed in order to receive the federal funds. Mashburn said it was felt
the DCA would seriously scrutinize the grant closeout documents. He said the county would not
be able to receive similar grant funds in the future, unless the 2006 issue was officially closed
out. Mashburn said that every three years $400,000 was available.
Blumenstein said the posters would only need to be in Spanish. She said that if someone
came in speaking Russian, an interpreter could be found through the language phone line.
Keadle said the county would still be treating people differently. He said that if someone
spoke something other than Spanish they were treated differently. Commissioner Keadle said it
sounded like there was a requirement to comply with something more than the law. He said it
was understood the county couldn't fight those folks, but it needed to be known by the citizens of
Iredell County, the members of the board, the HUD people, and whoever else was interested, that
they were wrong.
Commissioner Johnson said HUD didn't care what the board thought. He said the people
who created the Civil Rights Act of 1964 probably never envisioned the law being interpreted
this way. He said that was the tyranny encountered when bureaucrats were allowed to make law.
Johnson said there was never any way a legislative body would have passed a law like this. He
said they were afraid someone would be offended. Johnson said, "Quite frankly, I'm offended
that they are taking my money and giving it to somebody who doesn't think enough of me to
learn my language, but again, they don't care what I think. Again, the jeopardy to the county is
that if we don't adopt it according to their interpretation, then we place the county at risk as far
as having to repay these funds." Mr. Johnson said that if this was how they conducted business,
then he would be reluctant to support one of the grants in the future. He said not simply for this
reason, but if someone read the text body, there were many agencies that could sue. He said,
"Any one of which could have somebody in them with an ax to grind who was looking for
someway to push the envelope of the law even further. It's no wonder we're broke guys. Move
to America. We'll repair your house."
Commissioner Robertson said, "I love it. We're $1.3 million in debt. We'll borrow
money from the Chinese to fix up people's houses who speak Spanish, and we will give the bill
to the grandchildren of people who speak English. God Bless America."
OTION by Commissioner Keadle to approve the original Language Access Plan as
presented by staff.
VOTING: Ayes — 5; Nays — 0.
(The plan is as follows.)
Language Access Plan
4-1
Iredell County
The purpose of this Policy and Plan is to ensure compliance with Title VI of the Civil Rights Act of 1964,
and other applicable federal and state laws and their implementing regulations with respect to persons
with limited English proficiency (LEP). Title VI of the Civil Rights Act of 1964 prohibits discrimination
based on the ground of race, color or national origin by any entity receiving federal financial assistance.
Administrative methods or procedures, which have the effect of subjecting individuals to discrimination
or defeating the objectives of these regulations, are prohibited.
In order to avoid discrimination on the grounds of national origin, all programs or activities administered
by Iredell County must take adequate steps to ensure that their policies and procedures do not deny or
have the effect of denying LEP individuals with equal access to benefits and services for which such
persons qualify. This Policy defines the responsibilities the agency has to ensure LEP individuals can
communicate effectively.
This policv and plan is effective September 30, 2010.
Scope of Policy
These requirements will apply to Iredell County (herein referred to as "the agency") including
subcontractors, vendors, and sub -recipients.
5
The agency will ensure that LEP individuals are provided meaningful access to benefits and services
provided through contractors or service providers receiving subgrants from the agency.
Definitions
A. Limited English Proficient (LEP) individual — Any prospective, potential, or actual
recipient of benefits or services from the agency who cannot speak, read, write or
understand the English language at a level that permits them to interact effectively with
health care providers and social service agencies.
B. Vital Documents — These forms include, but are not limited to, applications, consent
forms, all compliance plans, bid documents, fair housing information, citizen
participation plans, letters containing important information regarding participation in a
program; notices pertaining to the reduction, denial, or termination of services or
benefits, the right to appeal such actions, or that require a response from beneficiary
notices advising LEP persons of the availability of free language assistance, and other
outreach materials.
C. Title VI Compliance Officer: The person or persons responsible for compliance with the
Title VI LEP policies.
Substantial number of LEP: 5% or 1,000 people, whichever is smaller, are potential
applicants or recipients of the agency and speak a primary language other than English
and have limited English proficiency.
Providing Notice to LEP Individuals
The agency will take appropriate steps to inform all applicants, recipients, community organizations, and
other interested persons, including those whose primary language is other than English, of the provisions
of this policy. Such notification will also identify the name, office telephone number, and office address
of the Title VI compliance officer(s).
List the current name, office telephone number and office address of the Title VI compliance
officer:
Joel R. Mashburn, County Manager
Iredell County Government Center
200 S. Center Street
Statesville, NC 28677
(Note: The agency must not fy the DCA compliance of immediately ofchanges in name or contact
information for the Title VI compliance off cer.)
The agency will post and maintain signs in regularly encountered languages other than English in waiting
rooms, reception areas and other initial points of contact. These signs will inform applicants and
beneficiaries of their right to free language assistance services and invite them to identify themselves as
persons needing such services.
Identify areas within the agency where these signs will be posted:
Iredell County Government Center 200 S. Center Street Statesville, NC 28677
Iredell County Government Center South 610 E. Center Avenue Mooresville, NC 28115
A. The agency will include statements of the right to free language assistance in Spanish and
other significant languages in all outreach material that is routinely disseminated to the
public (including electronic text).
B. The agency will also disseminate information in the following manner:
Flyers will be available, to be included in disseminated information, explaining
language access rights. Information will also be available in the waiting areas of the
Iredell County Health Department and the Iredell County Department of Social Services.
Provision of Services to LEP Applicants/Recipients
A. Assessing Linguistic Needs of Potential Applicants and Recipients
1. The agency will assess the language needs of the population to be served, by
identifying:
a. the language needs of each LEP applicant/recipient
b. the points of contact where language assistance is needed; and
6
C. the resources needed to provide effective language assistance, including
location, availability and arrangements necessary for timely use.
it. Other (describe): assessments from the Iredell County Health
Department and Iredell County Department of Social Services based on
client/patient contacts and needs.
2. Determining the Language Needs of the Population to be Served
The agency is responsible for assessing the needs of the population to be served.
Such assessment will include, but not be limited to the following:
a. The non-English languages that are likely to be encountered in its
program will be identified.
b. An estimate of the number of people in the community for whom English
is not the primary language used for communication will be completed
and updated annually. To identify the languages and number of LEP
individuals local entities should review:
i. census data
ii. school system data
iii. reports from federal, state, and local governments
iv. community agencies' information, and
V. data from client tiles
vi. Other (s eci ): assessments from the Iredell County Health
Department and Iredell County Department of Social Services
based on client/patient contacts and needs.
C. The points of contact in the program or activity where language
assistance is likely to be needed will be identified.
3. Determining the Language Needs of Each Applicant/Recipient
The agency will determine the language needs of each applicant/recipient. Such
assessment will include, but not be limited to the following:
a. At the first point of contact, each applicant/recipient will be assessed to
determine the individual's primary language.
Check all methods that will be used:
multi -language identification cards, a poster -size language list,
or the use of "I speak" peel -off language identification cards for
indicating preferred languages
English proficiency assessment tools, provided they can be
administered in a manner that is sensitive to and respectful of
individual dignity and privacy
❑ Other (describe): Assistance from interpreters on staff at the
Iredell County Health Department and Iredell County
Department of Social Services; and, if necessary, telephone
interpreting services.
b. If the LEP person does not speak or read any of these languages, the
agency will use a telephone interpreting service to identify the client's
primary language.
C. Staff will not solely rely on their own assessment of the applicant or
recipient's English proficiency in determining the need for an interpreter.
If an individual requests an interpreter, an interpreter will be provided
free of charge. A declaration of the client will be used to establish the
client's primary language.
d. When staff place or receive a telephone call and cannot determine what
language the other person on the line is speaking, a telephone
interpreting service will be utilized in making the determination. The
language bank is available for assistance.
C. If any applicant/recipient is assessed as LEP, they will be informed of
interpreter availability and their right to have a language interpreter at no
cost to them with a notice in writing in the languages identified in
Section C. Provisions of Written Translations.
B. Provision of Bilingual/Interpretive Services
1. The agency will ensure that effective bilingual/interpretive services are provided to
serve the needs of the non-English speaking population. The provision of
bilingual/interpretive services will be prompt without undue delays. In most
circumstances, this requires language services to be available during all operating
7
hours.
This requirement will be met by: Two Spanish interpreters are on staff at the Iredell
County Health Department and two are on staff at the Iredell County Department of
Social Services. The language bank is available for other languages.
2. The agency will provide language assistance at all level of interaction with LEP
individuals, including telephone interactions.
Describe how this requirement will be met: Agency will provide language
assistance as needed utilizing currently employed Spanish interpreters at the
Iredell County Health Department and Iredell County Department of Social
Services. The language bank is available and telephone interpreter services will
only be utilized as a back-up when other options are unavailable
3. Interpreter Standards
a. Those providing bilingual/interpretive services will meet the linguistic
and cultural competency standards set forth below. The agency will
ensure that interpreters and self -identified bilingual staff, have first been
screened to ensure that the following standards are met before being used
for interpreter services:
i. Can fluently and effectively communicate in both English and
the primary language of the LEP individual
ii. Can accurately and impartially interpret to and from such
languages and English
iii. Has a basic knowledge of specialized terms and concepts used
frequently in the provision of the agency's services
iv. Demonstrates cultural competency
V. Understands the obligation to maintain confidentiality
vi. Understands the roles of interpreters and the ethics associated
with being an interpreter
Describe how the agency ensures the competency of bilingual staff
and interpreters: Interpreters employed by Iredell County are provided
English Spanish Interpreter Training by qualified outside sources.
b. When staff members have reason to believe that an interpreter is not
qualified or properly trained to serve as an interpreter, the staff member
will request another interpreter.
4. Using Family Members or Friends as Interpreters
a. Applicants/recipients may provide their own interpreter; however the
agency will not require them to do so.
b. The agency will first inform an LEP person, in the primary language of
the LEP person, of the right to free interpreter services and the potential
problems for ineffective communication. If the LEP person declines
such services and requests the use of a family member or friend, the
agency may utilize the family member or friend to interpret only if the
use of such person would not compromise the effectiveness or services
or violate the LEP person's confidentiality. The agency will monitor
these interactions and again offer interpreter services, if it appears there
are problems with this arrangement.
C. The agency will indicate in the LEP individual's file that an offer of
interpreter services was made and rejected; that the individual was
informed of potential problems associated with using friends or family
members and the name of the person serving as an interpreter at the LEP
individual's request.
d. Only under extenuating circumstances shall the agency allow a minor
(under the age of 18 years) to temporarily act as an interpreter. The
agency will keep a written record of when it has used a minor as an
interpreter, and this information will be shared with the DCA upon
request.
5. The agency will not require the applicant/recipient to pay for
bilingual/interpretive services.
C. Provision of Written Translations
1. The agency must provide written materials in languages other than English where
a substantial number or percentage of the population eligible to be served or
likely to be directly affected by the program needs services or information in a
language other than English to communicate effectively.
2. Translation of Vital Documents
a. The agency will ensure that vital documents for locally designed
programs are translated into Spanish.
b. When DCA forms and other written material contain spaces in which the
local entity is to insert information, this inserted information will also be
in the individual's primary language. When such forms are completed
by applicants/recipients in their primary language, the information must
be accepted.
C. If, as a result of the local language assessment, it appears there are a
substantial number of potential applicants or recipients of the agency
(defined as 5% or 1,000 people whichever is less) who are LEP and
speak a language other than Spanish, the agency will translate and
provide vital documents in the appropriate language.
The agency will keep a record of all vital documents translated, and will
submit this information to DCA at their request.
3. If the primary language of an LEP applicant or recipient is a language other than
Spanish AND the language does not meet the threshold for translation as defined
in the preceding paragraph, the LEP individual will be informed in their own
language of the right to oral translation of written notices. The notification will
include, in the primary language of the applicant/recipient, the following
language:
IMPORTANT: IF YOU NEED HELP IN READING THIS, ASK THE
AGENCY FOR AN INTERPRETER TO HELP. AN INTERPRETER IS
AVAILABLE FREE OF CHARGE.
D. Documentation of Applicant/Recipient Case Records
1. The agency will maintain case record documentation in sufficient detail to permit
a reviewer to determine the agency's compliance with this policy.
2. The agency will ensure that case record documentation, including computerized
records if appropriate, identifies the applicants/recipient's ethnic origin and
primary language. In those cases where the applicant/recipient is non-English
speaking, the agency will:
Document the individual's acceptance or refusal of forms or other written
materials offered in the individual's primary language.
a. Document the method used to provide bilingual services, e.g., assigned
worker is bilingual, other bilingual employee acted as interpreter,
volunteer interpreter was used, or client provided interpreter. When a
minor is used as interpreter, the agency will document the circumstances
requiring temporary use of a minor and will provide this information to
DCA upon request.
3. Consent for the release of information will be obtained from applicants/
recipients when individuals other than agency employees are used as interpreters
and the case record will be so documented.
E. Staff Development and Training
I . The agency will provide staff training at new employee orientation and
continuing training programs. The training will include, but not be limited to:
Language assistance policies and procedures, resources available to support such
procedures, methods of effective use of interpreters, and familiarization with the
discrimination complaint process.
a. Cultural awareness information, including specific cultural characteristics of
the groups served by the agency to provide a better understanding of, and
sensitivity to, the various cultural groups to ensure equal delivery of services.
2. The agency will provide or ensure training is provided for bilingual staff and
interpreters employed or utilized by the agency. This includes the ethics of
interpreting, including confidentiality; methods of interpreting; orientation to the
organization; specialized terminology used by the agency; and cultural
competency.
3. The agency will ensure that applicable grantees, contractors, cooperative
agreement recipients and other entities receiving state or federal dollars are
trained in the requirements of this policy.
Describe how this provision will be met: Statements of assurance of training
regarding compliance with this policy will be required of grantees, contractors,
cooperative agreement recipients, and other entities receiving State and/or federal
funding.
9
4. The agency will collect and maintain the following information about training
provided to staff: the date(s) of such training, the content of such training, the
number and types of credit hours awarded; and the names and identifying
information of each attendee at the training. The agency will ensure that
grantees, contractors, cooperative agreement recipients and other applicable
funded entities collect and maintain such information as well.
Compliance Procedures, Reporting and Monitoring
A. Reporting
I. The agency will complete an annual compliance report and send this report to
DCA. (Formal will be supplied by DCA)
B. Monitoring
1. The agency will complete a self-monitoring report on a quarterly basis, using a
standardized reporting system providing by the DCA. These reports will be
maintained and stored by the Title VI compliance officer and will be provided to
the DCA upon request.
2. The agency will cooperate, when requested, with special review by the DCA.
Applicant/Recipient Complaints of Discriminatory Treatment
A. Complaints
I . The agency will provide assistance to LEP individuals who do not speak or write
in English if they indicate that they would like to file a complaint. A complaint
will be filed in writing, contain the name and address of the person filing it or
his/her designee and briefly describe the alleged violation of this policy.
The agency will maintain records of any complaints filed, the date of filing,
actions taken and resolution.
2. The agency will notify the appropriate agency or Division within DCA of
complaints filed the date of filing, actions taken and resolution. This information
will be provided within 30 days of resolution.
B. Investigation
1. The DCA Compliance Office will conduct an investigation of the allegations of
the complaint. The investigation will afford all interested persons and their
representatives, if any, an opportunity to submit evidence relevant to the
complaint.
2. The investigation will not exceed 30 days, absent a 15 -day extension for
extenuating circumstances.
C. Resolution of Matters
1. If the investigation indicates a failure to comply with the Act, the local unit of
government, agency Director or his/her designee will so inform the recipient and
the matter will be resolved by informal means whenever possible within 60 days.
2. If the matter cannot be resolved by informal means, then the individual will be
informed of his or her right to appeal further to the Department of Justice. This
notice will be provided in the primary language of the individual with Limited
English Proficiency.
3. If not resolved by DCA, then complaint will be forwarded to DOJ, HUD Field
Office.
Request for a Scattered Site Housing Grant Amendment that is Necessary for the
Closing Out of the 2006 Issue and Authorization for the Chairman to Sign the Closing
Documents: (A motion occurred at the end of the public hearing which approved the
amendment along with permission for the chairman to sign the closeout documents.)
Request for Approval of the September 2010 Tax Refunds and Releases: County
Manager Mashburn said the tax department had submitted the September refunds and releases
for approval.
MOTTO by Commissioner Robertson to approve the September refunds/releases.
VOTING: Ayes — 5; Nays — 0.
Releases for the month of September 2010 Monthly
Total
Breakdown of Releases: $38,428.44
County $19,395.49
Solid Waste Fees $344.25
E. Alex. Co. Fire #1 $84.25
10
Shepherd's Fire #2
$1,860.29
Mt. Mourne Fire #3
$46.22
All County Fire #4
$917.19
B&F Fire #5
$99.31
Statesville City
$7,017.34
Statesville Downtown
$0.00
Mooresville Town
$6,845.18
Mooresville Downtown
$147.67
Mooresville School
$1,550.37
Love Valley
$0.00
Harmony
$33.92
Troutman
$86.96
Davidson
$0.00
Refunds for the month of September 2010
Breakdown of Refunds
County
$276.99
Solid Waste Fees
$0.00
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$1,971.47
Mt. Mourne Fire #3
$0.00
All County Fire #4
$0.00
B&F Fire #5
$0.00
Statesville City
$0.00
Statesville Downtown
$0.00
Mooresville Town
$1,572.98
Mooresville Downtown
$0.00
Mooresville School
$0.00
Love Valley
$0.00
Harmony
$0.00
Troutman
$0.00
Davidson
$0.00
Monthly
Total
$3,821.44
Request from the Health Department for Approval of Two Vaccine Codes along
with Associated Fees: Health Director Donna Campbell said patients, or their parents were
now required to pay for vaccines previously offered at no charge. She requested the addition of
two vaccine products to the fee schedule with one being Pentacel (Polio, DTaP, Hib), CPT code
90698, at a cost of $75, and the other being Pediarix (Polio, DTaP, Hepatitis B), CPT code
90723, at a cost of $65.
MOTIO by Commissioner Keadle to approve the two vaccine codes and fees.
VOTING: Ayes — 5; Nays — 0.
Request from the Health Department for Approval of Budget Amendment #12 to
Allocate $8,288 in Additional Women, Infants and Children's (WIC) Funds for a Breast
Feeding Education Project: Health Director Donna Campbell said additional WIC funds had
been received, and the department desired to start an on-going Breast Feeding Support Group.
She said the funds would be used for supplies and continuing education programs for the staff.
MOTTO by Commissioner Mitchell to approve Budget Amendment #12.
VOTING: Ayes — 5; Nays — 0.
Cty BA# 12 Purpose: To allocate State WIC grant revenues and expenditures for Breastfeeding
ICHD
BA# 11-1014 Education
EXISTING
AMENDED
REVENUE LINE(S)
DESCRIPTION
BUDGET
CHANGE
BUDGET
10491400 440010 54091
WIC-BreastFeedingPromotion
(81,545)
(8,290)
(89,835)
EXISTING
AMENDED
EXPENSE LINE(S)
DESCRIPTION
BUDGET
CHANGE
BUDGET
10914091 536000
Training & Development
86,490
4,960
4,960
10914091 537500
Contracted Serv-
1,200
1,200
10914091 548000
Community Awareness
2,130
2,130
Request from the Health Department for Approval of Budget Amendment #13 to
Allocate One Time Title X Bonus Funds of $8,000: Health Director Donna Campbell said
notification was recently received indicating the department was eligible to receive $8,000 in one
time Title X bonus funds to support sterilizations for non -Medicaid eligible patients. She said the
funds were specifically targeted for sterilizations and had to be spent by May 30, 2011.
OTION by Commissioner Mitchell to approve Budget Amendment #13.
VOTING: Ayes — 5; Nays — 0.
Cty BA# 13 Purpose: To allocate Women's Preventive Health grant revenue and expenditures
ICHD 11 -
BA# 1014B
EXISTING
AMENDED
REVENUE LINE(S)
DESCRIPTION
BUDGET
CHANGE
BUDGET
10491151 440006 592B
Women's Prev Health Grant
(8,000)
(8,000)
EXISTING
AMENDED
EXPENSE LINE(S)
DESCRIPTION
BUDGET
CHANGE
BUDGET
100591 520004 41101
Professional Services
86,490
8,000
94,490
Request from the Health Department for Approval of Budget Amendment #14 to
Allocate Medicaid Max Funds of $200,000 for Renovations at the Statesville and
Mooresville Offices: Donna Campbell, the health director, requested approval of a budget
amendment to renovate the downstairs portion of the Statesville facility and the second floor of
the Mooresville office. (Renovations at the Statesville office will be at the front desk, as well
as the medical records, eligibility, and multi -service clinic areas. The Mooresville remodeling
will address to storage areas for medical records. Medicaid Max funds will cover 100% of the
costs.)
MOTION by Commissioner Mitchell to approve Budget Amendment #14.
VOTING: Ayes — 5; Nays — 0.
Commissioner Robertson noted that the Scattered Site Housing Grant, as well as the
health department items, did not involve any county money, rather all of them were funded with
pass-through funds.
12
To allocate Medicaid Max revenue and
City BA# 14 Purpose: expenditures
ICHD 11 -
BA# 1014C
EXISTING
AMENDED
REVENUELINE(S)
DESCRIPTION
BUDGET
CHANGE
BUDGET
Med Max Bldg Costs
104610 444000
Reimbursement
(100,000)
(200,000)
(300,000)
Generic Services -
104590 444001 41100
Admin Med Max
(32,075)
(27,000)
(59,075)
EXISTING
MENDED
EXPENSE LINE(S)
DESCRIPTION
BUDGET
CHANGE
BUDGET
Maint & Repair -HD
105610 532530
Renovations
87,190
200,000
287,190
Maint And Repair -
105590 532525 41100
Building (Mville)
-
13,000
13,000
105590 610000 41100
Depreciable Assets
14,000
14,000
Request for (1) the Declaration of Surplus County Items (2) Authorization for the
County Purchasing Agent to Dispose of said Items by Local Sale or Other Best Method
Allowable by the General Statutes and (3) Permission to Remove Items from said List that
are Determined to be of Continued County Use: Purchasing Agent Dean Lail said numerous
items had been identified that were no longer needed. He said some items were unserviceable
and others had obsolete technology. Lail said some vehicles were also being placed in surplus
due to having met their usefulness by Iredell County standards. He said 19 seized vehicles
would be sold with the proceeds being sent to the school systems.
County Manager Mashburn said the items would be offered to other county agencies, but
it was predicted the majority would be auctioned off. He said four 2004 sheriff's vehicles were
transferred to Mitchell Community College to be used in the Basic Law Enforcement Class, and
in return, the college returned four 1994 cars that had previously been used. He said the 1994
models would now be sold.
Commissioner Mitchell asked if all the information had been stripped from the computers
in surplus.
drives.
Lail said the Information and Technology Department had stripped the computer hard
OTION by Commissioner Robertson to approve the request as submitted.
VOTING: Ayes — 5; Nays — 0.
Resolution Authorizing the Disposition of
Certain Surplus Personal Property
WHEREAS, the County of Iredell has possession of an inventory of vehicles and other
certain personal property items that are surplus to its needs and desires to dispose of same.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Iredell
County that Dean A. Lail, Purchasing Agent, pursuant to the provisions of N.C.G.S. 160A-266,
is hereby authorized to dispose of the listed personal property by physical public auction to be
held at 9:OOAM, November 20, 2010, by on-line surplus auction through the GovDeals site, or
other appropriate method allowed by the North Carolina General Statutes, and most
advantageous to the County for cash or good check, and that said Purchasing Agent is hereby
authorized to schedule, conduct, and execute any actions required to convey title to this property.
A copy of the inventory surplus list is as follows:
13
14
15
16
17
18
19
m
21
22
23
Request from the Iredell-Statesville Board of Education for Concurrence in
Allowing the North Carolina Department of Transportation (NCDOT) to use part of the
Road Rights -of -Way at Pressly, Northview and Cloverleaf School due to the Expansion of
the I-40/1-77 Interchange: County Manager Mashburn said the NCDOT needed small
"slivers" of school property to expand the I -40/I-77 interchange. He said the total compensation
for the road rights of way would be $31,225.00, and the school board had approved the request.
Mashburn said the school sites were included in a past Certificates of Participation issue, and
technically, the county owned the property. (The affected sites are Pressly Elementary with
compensation of $8,400; Northview at $19,225; and Cloverleaf at $19,225.)
MOTION by Commissioner Keadle to concur with the Iredell-Statesville Board of
Education in allowing the Department of Transportation to take portions of the road rights of
way.
VOTING: Ayes — 5; Nays — 0.
Request for Approval of the 4:00 P.M., September 21, 2010 Minutes and the
October 5, 2010 Minutes: OTION by Commissioner Keadle to approve the minutes as
presented.
VOTING: Ayes — 5; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Crossroads Behavioral Healthcare Board of Directors (1 announcement)
Animal Grievance Committee (1 announcement)
Region F Aging Advisory Committee (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Nursing Home Advisory Committee (1 appointment): No nominations were submitted,
and Commissioner Robertson made a motion to postpone the appointment.
VOTING: Ayes — 5; Nays — 0.
PUBLIC COMMENT PERIOD: An opportunity to speak before the board was
offered, but no one accepted.
COUNTY MANAGER'S REPORT: County Manager Mashburn requested Finance
Director Susan Blumenstein to provide an FY -11 first quarter financial update.
Blumenstein said the county was just barely breaking even at this point. She said some
revenues were coming in less than anticipated, but it was predicted that property taxes would
offset the shortage. Blumenstein said unemployment was not any better, and that 2,266 fewer
24
people were employed in August 2010 than in August of 2009. She said May of 2005 was the
peak level as far as growth in the county and it would take several years to be near that pre -
recession level. Blumenstein provided the following chart to illustrate the county's financial
position.
Blumenstein said the Department of Fiscal Research for the North Carolina General
Assembly had reported that the state would be unlikely to see any "robust expansion" anytime
soon because of the housing and financial problems. She said the county would be affected by
the state's $3.3 billion shortfall next year. Blumenstein said that at the end of September, state
agencies were directed to submit, by October 29, budgets for next year showing a 5, 10, and 15%
reduction. She said there were rumors circulating that the state might have to cut 10,000 to
12,000 positions in order to balance the budget. Blumenstein said state individual and corporate
income tax revenues were now lower, and if the state backed out on the Medicaid commitment,
there would be a loss of $6.5 million.
Johnson said increasingly, budgetary decisions that impacted the county were made two
hours east of here in Raleigh. He said all of this would "pale in comparison" to what would
happen in Raleigh next year. Johnson said the state continued to spend money at a time when
revenues were falling. He said the biggest lie that had been told during this election cycle was
by the President of the United States, and this was when he said that corporations got tax cuts for
sending jobs overseas. Johnson said they did not. He said they paid a higher tax if they did not.
Johnson said that if a comparison were made between the corporate income tax rate in this
country, and some of the developing economies, as well as the mature economies, the corporate
tax rate was significantly higher here than in other countries. He said, "This is why they make
capital investments there, and that is why they don't make them here." Johnson said it was a
business decision, and if a business made a major capital investment in this country, the
company would have to wait years to depreciate it off the taxes. He said capital investments
could be made in other countries, and a write off could occur in one year.
Commissioner Robertson said the Inspections Department was operating at a loss;
however, some grants were assisting. He asked the county manager's plans on the department,
especially with the workload being so low.
PEI
Mashburn said the only people who remained were the ones the county could financially
cover. He said some layoffs had occurred, but so far, the personnel costs had been covered by
grants. Mashburn said that when the grant funds ended, more layoffs might have to occur.
Robertson said he understood then, that the department did not have an idle workforce.
Mashburn said the employees might not be as busy as they once were, but at the present
time they were needed.
ADJOURNMENT: There being no other business to conduct, Commissioner Keadle
made a otion to adjourn the meeting at 8:10 p.m. (Next meeting: Tuesday, November 9, 2010,
at 7 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC.)
VOTING: Ayes — 5; Nays — 0.
Approved:
26
Clerk to the Board