HomeMy WebLinkAboutFebruary 5 2013 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
FEBRUARY 5, 2013
The Iredell County Board of Commissioners met on Tuesday, February 5, 2013, at 7:00
PM, in the Iredell County Government Center (Commissioners' Meeting Room), 200 South
Center Street, Statesville, NC.
Board Members Present
Chairman Steve Johnson
Vice Chairman Marvin Norman
David Boone
Renee Griffith
Ken Robertson
Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County
Manager Tracy Jackson, Finance Director Susan Blumenstein, Purchasing Agent Dean Lail,
Emergency Management Director David Martin, Tax Administrator Bill Furches, and Clerk to
the Board Jean Moore.
CALL TO ORDER by Chairman Johnson
ANNOUNCEMENT OF THE DEATH OF MR. JAMES J. HIGGINS: County
Manager Ron Smith advised that James "Jim" Higgins died unexpectedly on Monday,
February 4, 2013. Smith said Higgins, the Iredell County Health Director, had assumed his
position in November 2012.
INVOCATION by Chairman Johnson
PLEDGE OF ALLEGIANCE: Boy Scout Tyler Hager, with Troop 607, led the Pledge
of Allegiance.
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Johnson to approve the
following agenda adjustments.
Additions: • Closed Sessions for Economic Development — G.S. 143-318.11 (a) (4),
Personnel — G.S. 143-318.11 (a) (6) and Property Acquisition — G.S. 143-318.11 (a) (5)
• New Business: Proposed Resolution from Commissioner Boone
• Public Comment Period: Mr. Phil Hazel requested to speak.
Deletion: • Local Emergency Planning Committee (one appointment)
VOTING: Ayes — 5; Nays — 0.
ADMINISTRATIVE MATTERS
Report of Unpaid Taxes that are Liens on Real Property and a Request to Establish
Wednesday, March 13, 2013 as the Advertising Date for Tax Liens: Tax Administrator
Bill Furches said N.C.G.S. 105-369 (a) required county tax collectors to report to their governing
boards at the first meeting in February the total amount of unpaid taxes (liens on real property)
for the current year. Furches said the report had been submitted to the clerk, and a request was
being made to set an advertising date for the tax liens. He suggested Wednesday,
March 13, 2013.
Commissioner Boone asked how the collections were coming along as opposed to last
year.
Furches said through the end of January, the county was .79% ahead of last year, and this
was around $773,000. Continuing, he said that in delinquent collections, the county was ahead
by approximately $249,000 with interest/penalties being up $104,000.
OTION by Commissioner Griffith to accept the report and to set March 13, 2013, as
the advertising date.
VOTING: Ayes — 5; Nays — 0.
Request from the Health Department for Permission to Write Off Uncollected
Patient Accounts in the Amount of $31,005.83: Finance Director Susan Blumenstein said the
referenced accounts were from FY 2009, with Medicaid patients representing 26% of the total
and the remainder being private pay. She said all of the accounts had received 30, 60, and 90
day past due letters, plus they had been sent to the NC Debt Setoff Program. Blumenstein said
that if any of the responsible parties had state income tax refunds, or if they won the lottery, the
amount owed would be withheld and remitted to the county.
MOTIO by Commissioner Boone to approve the write-offs.
VOTING: Ayes — 5; Nays — 0.
Write -Off Request
SUBPROGRAM
PRIVATE
PAY
MEDICAID
TOTAL
Child Health
$1,150.20
$66.00
$1,216.20
Dental Health
$8,952.28
$1,689.00F
$10,641.28
Women's Preventive Health
Services
$7,765.12
$3,293.60
$11,058.72
Immunizations
$675.80
$296.00
1 $971.80
Maternal Health
$4,056.83
$1,663.00
$5,719.83
Miscellaneous
$300.00
$375.00
$675.00
Epidemiology
$146.00
$577.00
$723.00
Total
$23,046.23
$7,959.60
$31,005.83
Request from the Solid Waste Department for the Awarding of Three -Year, Pre -
Event Contracts for the Monitoring and Removal of Emergency Event Disaster Debris:
Purchasing Agent Dean Lail said the county's pre -event disaster debris contracts expired in
December and monthly extensions had occurred. He said that in order for debris (natural and man-
made) to be removed, should a disaster happen, new contracts were needed. Lail said a request for
proposals had been released for both debris removal and management. He said four proposals
were received for debris removal and two were submitted for management. Lail said all of the
vendors were eligible for the award, and a committee comprised of county staff and representatives
from local municipalities evaluated the proposals based on prices, qualifications, ability to meet
the county's needs, and past experience with Federal Emergency Management Agency (FEMA)
disasters. He said CERES Environmental was recommended for the debris removal, and SAIC
(formerly Beck) for the management or monitoring contract. Lail said if approved by the board,
the staff would work with the companies on three-year contracts with options to renew for
additional one-year periods.
MOTION by Vice Chairman Norman to award the contracts as recommended.
VOTING: Ayes — 5; Nays — 0.
Debris Removal Bid Summary
Cubicvard Eauioment TOTAL
7S%value Innsitinnrank lnprhnurSSS 25%value
CERES
Crowder -Gulf
D&J
Phillips and Jordan
2
Management or Monitoring Bid Summary
RFP No. 751 -12 -RFP -01
Iredell Cnunry, NC
Preliminny Cost Esthnates
Requirement: Per the RFP, the cost estimate is based off of the monitoring and disaster assistance involved
with the removal of 160,000 cubic yards of debris -
QA U7
Total Fstimated f abor Costs $ 172,457.00
Assumptions:
Total Debris -160,000 CY
Total Loads to Collect - 3,556
Loads per Day for 30 Days -119
Ttudcs Required - 20
Monitors Required -10
Request for Approval of Budget Amendment #21 to Appropriate Funds from
Contingency for Inmate Confinement Costs: Finance Director Susan Blumenstein said the
board had previously been briefed on the overcrowding situation at the jail, and the need to
transport inmates to out -of -county housing facilities. She said currently the Ashe and Rowan
County jails were being used, and as of January 22, 2013, a total of $41,000 had been spent.
Blumenstein said that at the current inmate population count the jail staff had estimated that
$185,000 would be needed for the outside confinement through June 30. Blumenstein said the
staff was recommending a transfer of the $185,000 from contingency to the jail for the costs.
Commissioner Boone asked how much this was per innate per day.
Blumenstein said $40 a day.
Commissioner Boone asked the estimated cost for the inmates in the county's jail.
Blumenstein said $73 a day.
Commissioner Boone asked if it was cheaper to house the inmates in outside facilities.
Blumenstein said, "That's what we are seeing today." She said the other counties had the
capacity.
Chairman Johnson said the other counties had their fixed and variable costs figured in and
they were trying to recover what they could.
3
Hourly r
Esliuiated
Estimated 1
Hours
Hours I
- Total
Position
'
Rate
I Staff
Das I
Per Da
Costs
: Costs
Project Manager
S
59.00
1
33
9
$
17,523.00
Operations Manager
$
55.00
1
30
10
$
16,500.00
Debris Site/Tower Monitors
S
31.00
2
30
9
$
16,740.00
Load Ticket Data EaLry Clerks
$
28.00
1
30
2
$
1,680.00
Billinglinvoice Analysts
$
55.00
1
30
4
$
6,600.00
Project Coordinator
$
28.00
1
30
8
$
6,720.00
Field Coordinators Crew Monitor)
$
31.00
10
30
9
$
83,700.00
Data Manager
$
50.00
1
35
10
$
17,500.00
"Total Estimated Labor Costs
$
166,963.00
Total Fstimated f abor Costs $ 172,457.00
Assumptions:
Total Debris -160,000 CY
Total Loads to Collect - 3,556
Loads per Day for 30 Days -119
Ttudcs Required - 20
Monitors Required -10
Request for Approval of Budget Amendment #21 to Appropriate Funds from
Contingency for Inmate Confinement Costs: Finance Director Susan Blumenstein said the
board had previously been briefed on the overcrowding situation at the jail, and the need to
transport inmates to out -of -county housing facilities. She said currently the Ashe and Rowan
County jails were being used, and as of January 22, 2013, a total of $41,000 had been spent.
Blumenstein said that at the current inmate population count the jail staff had estimated that
$185,000 would be needed for the outside confinement through June 30. Blumenstein said the
staff was recommending a transfer of the $185,000 from contingency to the jail for the costs.
Commissioner Boone asked how much this was per innate per day.
Blumenstein said $40 a day.
Commissioner Boone asked the estimated cost for the inmates in the county's jail.
Blumenstein said $73 a day.
Commissioner Boone asked if it was cheaper to house the inmates in outside facilities.
Blumenstein said, "That's what we are seeing today." She said the other counties had the
capacity.
Chairman Johnson said the other counties had their fixed and variable costs figured in and
they were trying to recover what they could.
3
flourly
Itistimated
lEstirmated I
Hours I
Total r
Position
I
Rate
, Staff
Das I
Per Day I
Costs
Project Manager
$
71.00
1
33
9
$ 21,087.00
Operations Manager
$
59.00
1
30
10
$ 17,700.00
Debris Site(lbwer Monitors
$
31.50
2
30
9
$ 17,010.00
Load Ticket Data Entry Clerks
$
28.00
1
30
2
$ 1,680.00
BillinglTnvoice Analysts
$
37.00
1
30
4
$ 4,440.00
Project Coordinator
$
26.00
1
30
8
$ 6,240.00
Field Coordinators (Crew Monitor)
$
31.50
10
30
9
$ 85,050.00
Data Manager
$
55.00
1
351
10
$ 19,250.00
Total Fstimated f abor Costs $ 172,457.00
Assumptions:
Total Debris -160,000 CY
Total Loads to Collect - 3,556
Loads per Day for 30 Days -119
Ttudcs Required - 20
Monitors Required -10
Request for Approval of Budget Amendment #21 to Appropriate Funds from
Contingency for Inmate Confinement Costs: Finance Director Susan Blumenstein said the
board had previously been briefed on the overcrowding situation at the jail, and the need to
transport inmates to out -of -county housing facilities. She said currently the Ashe and Rowan
County jails were being used, and as of January 22, 2013, a total of $41,000 had been spent.
Blumenstein said that at the current inmate population count the jail staff had estimated that
$185,000 would be needed for the outside confinement through June 30. Blumenstein said the
staff was recommending a transfer of the $185,000 from contingency to the jail for the costs.
Commissioner Boone asked how much this was per innate per day.
Blumenstein said $40 a day.
Commissioner Boone asked the estimated cost for the inmates in the county's jail.
Blumenstein said $73 a day.
Commissioner Boone asked if it was cheaper to house the inmates in outside facilities.
Blumenstein said, "That's what we are seeing today." She said the other counties had the
capacity.
Chairman Johnson said the other counties had their fixed and variable costs figured in and
they were trying to recover what they could.
3
Commissioner Robertson noted the contingency fund would have only $33,000 remaining
with several months to go before the end of the year.
MOTION by Commissioner Robertson to approve Budget Amendment #21.
Ayes — 5; Nays — 0.
To appropriate funds from Contingency to Jail - Outside Confinement to cover the daily
BA#21 cost of Iredell County inmates housed in facilities outside of the County.
2/19/2013
105480 530200 Contingency 218,000 (185,000) 33,000
105520 537507 Contracted Outside Confinement 185,000 185,000
Request for Approval of the January 15, 2013 Minutes: MOTION by Commissioner
Boone to approve the minutes as presented.
VOTING: Ayes — 5; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Troutman Planning Board — ETJ (1 announcement)
Adult Care Home Community Advisory Committee (2 announcements)
APPOINTMENTS TO BOARDS AND
Nursing Home Advisory Board (1 appointment): Commissioner Griffith nominated
Brian Griffith.
No other nominations were submitted, and Chairman Johnson made a motion to appoint
Griffith.
VOTING: Ayes — 5; Nays — 0.
Board of Equalization & Review for 2013 (6 appointments): Commissioner Boone
nominated Hal Jolly, Don Daniels, and Karen Carty.
Chairman Johnson nominated Mike Brotherton, Ken Prichard, and Mike Loftis
(alternate's position).
No other nominations were submitted, and Chairman Johnson made a m�Ylononl to appoint
Jolly, Daniels, Carty, Brotherton, Prichard and Loftis (alternate).
VOTING: Ayes — 5; Nays — 0.
Chairman and Vice Chairman for the 2013 Board of Equalization & Review: OTION
by Vice Chairman Norman to appoint Mike Brotherton as the Chairman and Ken Prichard as the
Vice Chairman for the Board of Equalization and Review.
VOTING: Ayes — 5; Nays — 0.
PUBLIC COMMENT PERIOD: Mr. Phil Hazel appeared before the board and made
the following remarks.
4
(Prepared Statement from Phil Hazel)
Members of the Commission:
I appear before you as an Iredell county resident of 35 years; as an Iredell county business owner for 35
years; and, as an Iredell county tax payer of 35 years. In 2012, 1 and my company paid a total of
$34,280.76 in Iredell county property and personal property taxes. This, I think, obligates me to express
my opinion about how my money is used. Not because of how much I paid, but because I want to see it
used well.
Tonight you have on your agenda a request for adoption of a resolution that is an example of wasted
time and effort, and ultimately resources, over a matter that should not be of concern to the
Commission as a body though you as individuals have not lost your personal rights of free speech by
reason of your election as commissioners.
Specifically, the resolution to request a modification of State statute to allow the concealed carry of
firearms by employees of the school system on school property is ill conceived and a waste of your time
and the taxpayers' money.
The first whereas: that schools should be as safe as possible has my complete endorsement but that
does not, I believe, arise from allowing school employees with concealed carry permits to bring their
guns to school. The requirements for the issuance of a concealed carry permit do not include the rigor,
practice, threat assessment skills and appropriate reaction training as law officers. Further, there are no
requirements for annual requalification, recurrent training, performance assessment, medical review or
monitoring of psychological factors. It is actually taught, and properly so, that the use of firearms should
be the last resort. Having school personnel carrying concealed weapons could actually interfere with the
best advice —GET AS FAR FROM THE THREAT AS FAST AS YOU CAN.
The second whereas: current statute classifies carrying an array of weapons (from linoleum knives to the
full range of firearms) as felonies. It's obvious that legislators have already found that weapons on
school property are not good. For every cry to restrict firearms ownership to every cry to arm the
schools, they are based on emotion and lack of understanding. Too much emotion is bad policy,
The third whereas: holders of a valid North Carolina concealed handgun permit have a clean criminal
record, have taken classroom instruction in firearms use, and have passed both a written and
marksmanship test. Not a lot of weight here. Sounds like everybody's next door neighbor. No training on
threat assessment. No psychological evaluation. Pretty coarse sieve to pass through.
The fourth whereas: schools would be safer if permit holders would be allowed to carry their weapons
at school. Prove it. There are no data that substantiate that claim. If all threat events were identical, it's
possible that plans and training could make things safer. The threat events are not identical. They are
irrational, spontaneous, frightening and require prompt appropriate action. Plus, the addition of a large
number of concealed weapons on a school campus raises the occurrence of accidents, lethal response to
non -lethal events, bullying (consider the example being set) and intra -employee lethal events,
The fifth whereas: school employees who hold a concealed handgun permit should have the right to
carry a weapon at their workplace. Here's where an individual "right," which doesn't actually exist,
impinges on the rights of other individuals —those who don't want concealed weapons carried on school
grounds. No one holding a concealed carry permit in North Carolina got one with the understanding that
they could carry wherever they pleased. There are many places where concealed weapons are not
allowed —court rooms and commission chambers for example. There are sound reasons that weapons
are excluded from many public places and there are certainly private companies that do not allow
concealed weapons on the premises. Sound policy in my opinion.
After all this, my point of emphasis is that stuff like this should not be the business of the Commission.
The Commission should stick to establishing policy, funding the schools, zoning, building code
enforcement, infrastructure, looking to the future, attracting new investment, budgeting, maintaining
the financial standing of the County. Thank you for the opportunity to speak. I'm sorry to take up this
much of your valuable time.
NEW BUSINESS
Consideration of a Proclamation to Preserve and Defend the Constitutions of the
United States and North Carolina and to Proclaim February 19, 2013, as the "Right to
Bear Arms Day in Iredell County:" Commissioner Griffith introduced the referenced
proclamation and made the following comments:
"It's with a lot of thought that I've been thinking about the incidents that have happened
around our country, and it's a subject that's very near and dear to my heart. I work with children
every day. You never want to see someone harm anybody. On the flip side of that we celebrate
a lot of freedoms. We have a lot of freedoms that set us apart from the rest of the world --
freedoms that folks in North Korea don't have. I was reading a book this week called, The
Original Argument by Glenn Beck, and he wrote, `Freedom is not the natural state of man and
without a shield in place to protect the rights of freedom, it becomes fleeting.' In America that
shield is our Constitution. Patrick Henry wrote, `The Constitution is not an instrument for the
federal government to restrain the people, it is an instrument for the people to restrain the
government --lest it comes to dominate our lives and interests.' Our founding fathers created a
republic. They gave us a Bill of Rights, and in the Bill of Rights is our First Amendment
freedom of religion, speech, press, the right to assemble, and the right to petition our
government. The Second Amendment is the right to keep and bear anus. I firmly believe that
the freedom to exercise the First Amendment is not possible without the Second Amendment.
As commissioners, we take an oath to defend the Constitution of the United States and of North
Carolina. With recent actions on behalf of our President, I felt it was important that as a body of
commissioners we make a public statement. A public statement is made from the commissioners
in the form of a proclamation or a resolution. I offer tonight a proclamation regarding the
Second Amendment. I am a concealed carry permit holder, and I have a concealed carry permit
license. I carry my gun --not because I'm afraid of anything --but I carry it because I know that in
the event of something I can protect myself and my family. There's a lot of rhetoric coming
down that says the Second Amendment --that the hunters do not need all of these weapons. The
Second Amendment was not written to protect hunters. The Second Amendment was written to
protect ourselves from the government, and so, with those thoughts I've asked the board of
commissioners to support this proclamation. There is some hesitancy because there is a thought
that maybe we don't have any business getting into national politics or national issues, but those
things that happen on a national level affect us in Iredell County. It's with great respect to the
men on this board, and the citizens of this county, that I ask for this proclamation to be
considered."
Commissioner Griffith then read the proclamation as follows:
WHEREAS: The Second Amendment to the United States Constitution states: "A well
regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear
Arms, shall not be infringed"; and
WHEREAS: Sec 30 of Article 1 in the North Carolina Constitution states: "A well regulated
militia being necessary to the security of a free State, the God-given right to keep and bear arms shall not
be infringed"; and
WHEREAS: President Obama recently announced his 23 anti -gun initiatives — even going so tar
as to use Executive Orders to bypass Congress and our God-given rights to keep and bear arms; and
WHEREAS: A Militia when properly formed is in fact the people themselves ... and include ...
all men capable of bearing arms; and
WHEREAS: It being necessary to the security of a free State, meant that the right of the people
to bear arms was, and remains, the ultimate barrier to government tyranny; and
WHEREAS: Gun control only ensures that law-abiding citizens are powerless in the face of
criminal threat.
THEREFORE BE IT PROCLAIMED AS FOLLOWS:
1. The Iredell County Board of Commissioners resolves to defend the Second Amendment and
Sec 30 Article I and will not bow down to unconstitutional laws, executive orders, or foreign/domestic
tyranny.
2. The Iredell County Board of Commissioners calls upon the Governor and General Assembly
of North Carolina to pass legislation that will guarantee the protection of our God-given right to keep and
bear arms for all North Carolinians.
3. The Iredell County Board of Commissioners hereby directs the County Manager to ensure that
no county paid staff participate in, nor allow any county resources to be used in, the implementation of
any unconstitutional law, executive order, or executive directive that infringes on the God-given right to
keep and bear arms.
4. The Iredell County Board of Commissioners hereby proclaims February 19, 2013, as "The
Right to Bear Arms Day in Iredell County."
Commissioner Robertson asked if a modification would be considered. He asked if
"God-given" could be replaced with "Constitutional."
6
(An unidentified individual in the audience said no.)
Commissioner Griffith said she would accept, "and Constitutional." She said the
Constitution clearly stated that we were endowed these rights by our creator.
OTIO by Commissioner Griffith to approve the proclamation with an amendment as
follows: after "God-given" to add "and Constitutional" in the wording.
Commissioner Boone had the following prepared remarks, and he paraphrased them
during the meeting to conserve time.
I support Mrs. Griffith's proclamation.
Since it speaks to a very important issue, and an issue of current controversy, I would ask the
Board to indulge me in making a few comments.
The Second Amendment right to keep and bear arms is as important as the First Amendment
rights to freedom of speech and religion and the Fourth through Eighth Amendment rights to due
process and fair treatment in criminal proceedings.
The Declaration of Independence proclaims as a self-evident truth that we are endowed by our
Creator with the right to life, liberty and the pursuit of happiness, and that governments are
established to secure these rights. Thus the most fundamental purpose of government is to serve
as a means of collective self-defense. The right to life and liberty has limited practical meaning
unless one is able to defend that right, by means of individual as well collective self-defense. As
Justice Scalia stated in the Heller opinion, that means the right to possess and use weapons in
common use for self-defense.
The history of the Second Amendment shows that its purpose was to secure this inherent, God-
given right to self-defense, as well as to give the people a measure of protection against a
tyrannical government. In a sense, the Second Amendment helps to secure the other rights
guaranteed by the Constitution. The right to possess firearms for hunting or sport is legitimate
and important, but that is not the primary purpose of the Second Amendment.
A century before the ratification of the U.S. Bill of Rights, the English Bill of Rights of 1689
stated that all Protestants had the right to keep arms for their defense. The authors of the Second
Amendment expanded upon this right and extended it to include all free people. (Despite the
religious prejudice that existed at the time, British subjects of three hundred years ago enjoyed
far greater rights to self-defense than they do today.)
The language of the Second Amendment states that "the right of the people to keep and bear
arms shall not be infringed." This language clearly implies that there is a pre-existing right to be
armed, that this is not a privilege granted by government. The phrase "of the people" makes it
clear that the right extends to all citizens, not just members of an organized militia group. At the
time, "militia" was understood to consist of all able-bodied adult males, except those disqualified
by disability or a criminal history.
Stephen Halbrook, attorney and Second Amendment scholar, says that he can find no evidence
that anyone involved with drafting, debating, or ratifying the Second Amendment considered it
to be anything other than a protection of a pre-existing individual right to keep and bear arms.
James Madison, considered by many to be the principal author of the Constitution, stated in the
Federalist Papers, "Besides the advantage of being armed, which Americans possess over the
people of almost every other nation [where] the governments are afraid to trust the people with
arms." At the Virginia Convention on the ratification of the Constitution, Patrick Henry
proclaimed, "The great object is, that every man be armed... Every one who is able may have a
gun." At the Massachusetts ratification Convention, Samuel Adams said, "[T]he said constitution
[shall] be never construed to authorize congress... to prevent the people of the United States, who
are peaceable citizens, from keeping their own arms..." A draft of the Virginia Constitution
written by Thomas Jefferson states, "No free man shall be debarred the use of arms."
VA
(C ontmuation of C ommissioner Boone"s remarks)
The founders were also clear on the definition of a militia. George Mason, at the Virginia
Convention to ratify the Constitution, said "I ask, who are the militia? They consist now of the
whole people..." Richard Henry Lee wrote, "A militia, when properly formed, are in fact the
people themselves... all men capable of bearing arms."
Joseph Story served as a U.S. Supreme Court Justice from 1811-1845. In his book,
Commentaries on the Constitution of the United States, which was regarded at the time to be the
authoritative source on Constitutional law, he wrote, "The right of the citizens to keep and bear
arms has justly been considered, as the palladium of the liberties of the republic." In a later work
he wrote, "One of the ordinary modes, by which tyrants accomplish their purposes without
resistance, is by disarming the people, and making it an offense to keep arms..."
Most on the left realize that a frontal assault on the Second Amendment will fail, and thus use
arguments along the lines of .... I support the Second Amendment but no one needs a dangerous
assault weapon, you don't need ten rounds in your clip to kill a deer, we need stronger legislation
to keep criminals and the mentally ill from getting firearms, etc. Let's examine these arguments.
Aside from infringing the right to self-defense, the fact is that most so-called "gun control"
measures don't reduce violent crime ---indeed, the opposite is often true. The reason is simple.
The only people who obey gun -control laws are peaceful, law abiding citizens who are unlikely
to commit a violent crime. There are an estimated 100 million firearms in the United States, and
the "bad guys" who want them can and will get them. Does anyone believe that a person who
breaks the law against murder will obey a law against possessing a certain weapon. Anti -gun
laws only disarm the good guys. A passage from a French writer that Thomas Jefferson copied in
his Commonplace Book back in 1776 observed, "The laws that forbid the carrying of
arms ... disarm only those who are neither inclined nor determined to commit crimes ... Such laws
make things worse for the assaulted and better for the assailants; they serve to encourage rather
than to prevent homicides, for an unarmed man may be attacked with greater confidence than an
armed man."
The term "assault weapon" has no specific, agreed-upon meaning. Any firearm can be used to
assault another person. The term is most commonly applied to semi-automatic rifles that have
cosmetic features designed to make them look like military weapons. Functionally, they are no
different than any other semi-automatic rifle.
Even if so-called "assault" weapons could be kept out of the hands of criminals, it would make
little difference in the homicide rate. According to the FBI Uniform Crime Report, in 2011, the
last year for which figures are available, firearms were used to commit 8,585 murders in the
United States. The vast majority, 6,220, were handgun murders. Only 323 victims were
murdered by rifles of any type. By comparison, there were 1,694 murders by knife, 496 by blunt
objects such as hammers and clubs, and 728 by fists, hands or feet. Thus five times more people
were murdered by knives than by any type of rifle.
We hear certain leftist politicians say that clips or magazines holding over ten rounds should be
outlawed. Of course, the criminals will still have weapons with this capacity. Such limits as New
York recently enacted will only handicap law-abiding citizens. And while I know of no statistical
data on the matter, of the annual 8,500 firearm murders in the US, it's safe to say that very few
were caused by the eleventh -plus round in a gun.
We also hear that the government should take stronger measures regarding background checks
and record-keeping to prevent criminals from purchasing firearms. The fact is that strict controls
are already in place. Anyone purchasing a firearm from a licensed dealer has to undergo a
background check. This has been the law for many years. The so-called gun show loophole is not
really a loophole. Dealers have to conduct background checks on buyers at gun shows, just as
they do on buyers in their store. Sales between private individuals at gun shows do not require a
background check, as is the case with sales between individuals anywhere else.
There is abundant statistical evidence that so-called "gun -control" measures do not work. The
firearm murder rate is lower now than it was any of the years the 1994 assault weapons ban was
in effect. Professor John Lott and other writers have shown that the crime rate goes down in
8
(C ontinuation of C ommissioner Boone"s remarks)
states that pass concealed carry laws. Chicago has some of the most stringent gun -control laws in
the country. Yet since the beginning of our military involvement in Afghanistan, over twice as
many Americans have been murdered in Chicago than have been killed in action in Afghanistan.
Anti -gun measures such as those proposed by the Obama administration will do nothing to
reduce violent crime. If they pass, there will eventually be another mass killing. Leftists will use
this as an excuse to propose even more stringent restrictions. This process will continue until the
law-abiding people of this country are disarmed. This is not idle speculation. That is what has
happened in the United Kingdom (England) over the past couple of generations, and what has
occurred to a lesser degree in Australia. Sen. Dianne Feinstein of California, who has introduced
an anti -gun bill in the Senate, has admitted that, if she had the votes, she would outlaw all guns
in private hands. In my opinion, the only difference in her and the President is that she was more
candid.
I believe we are facing a serious and imminent threat to one of our basic rights as free citizens. I
will do whatever I legally can, both as a citizen and as a local official, to preserve our Second
Amendment rights. To that end, I wholeheartedly support the resolution on the floor.
VOTING: Ayes — 5; Nays — 0.
Resolution Introduced by Commissioner Boone in Regards to Amending the
General Statutes to Allow School Employees who Hold a Valid North Carolina Concealed
Handgun Permit to Carry a Weapon at their Place of Employment: Commissioner Boone
read the following proposed resolution.
WHEREAS, our schools should be as safe as possible; and
WHEREAS, under NC General Statute 14-269.2, it is a felony for an employee of a
public or private school to knowingly carry a weapon on school property; and
WHEREAS, holders of a valid North Carolina concealed handgun permit have a clean
criminal record, have taken classroom instruction in firearms use, and have passed both a written
and marksmanship test; and
WHEREAS, schools would be safer if employees who hold a concealed handgun permit
were allowed to carry a weapon at school; and
WHEREAS, school employees who hold a concealed handgun permit should have the
right to carry a weapon at their workplace.
NOW THEREFORE BE IT RESOLVED that the Iredell County Board of
Commissioners urges the General Assembly to amend General Statutes 14-269.2 and 14-
415.11, and any other relevant statutes, to allow school employees who hold a valid North
Carolina Concealed Handgun Permit to carry a weapon at their place of employment.
OTION by Commissioner Boone to adopt the resolution.
Commissioner Boone then responded to a few remarks stated by Mr. Phil Hazel earlier in
the meeting. Boone said, "First, I wish he (Hazel) didn't have to pay as much tax as he does. I
will work just as hard as I can to make sure he pays less in taxes. This resolution is not costing
taxpayers any more money than you appearing before the board and giving your opinion, which
you have every right to do. I welcome your right to do that. There might be a de minimis cost in
printing the minutes, but that's the only cost to the taxpayer in doing this. If I were a school
teacher, or some other school employee, under the current law, it would be a felony --felonies are
pretty bad things --if I just walked on school property with my weapon, even if I had a valid
handgun permit, I'd be committing a felony. To my mind, that's absurd. As one who is not a
school employee, if I walk on school property with a firearm --I've committed a Class I
misdemeanor, which is serious enough but not quite as bad as a felony. I see no point in that.
Holders of concealed handgun permits, and I do have one too --I have for many years --you do
have to undergo a background check. You can't have anything much more serious than a traffic
violation on your record. I haven't verified this, but I was told yesterday by a former officer who
taught the concealed carry class, that the background requirements for a concealed handgun
permit are stricter than those to be certified as law enforcement officers. You have to have a
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pretty clean record to have a permit. If you've been adjudged mentally incompetent, or mentally
ill, you cannot get a handgun permit. If you have any kind of physical handicap that prevents the
safe use of a weapon you cannot have a handgun permit. If you are addicted to alcohol or any
controlled substance you cannot have a handgun permit. It's highly unlikely that anyone holding
a concealed handgun permit would misuse their weapon or commit a crime. It is possible.
Anything is possible. Occasionally we read about a law enforcement officer who misuses their
position, but it's highly unlikely. I think our schools would be safer if these people could carry a
weapon to school if they so chose. I would in no way pressure any school employee to be armed
or to carry a weapon. It should be entirely the choice of the school employee. If the unthinkable
happened, it might be good if they were armed. At the shooting in Connecticut, the news
accounts indicated the principal acted very heroically trying to stop the insane man committing
the murders, and was killed in the process. If she had had a weapon, she may or may not have
succeeded in disarming him, but she would have had a better chance than she had completely
unarmed. I think this is a common sense change that we need in the law. There are a lot of
things we could do to make schools safer and this is just one of them. This is one that has no
additional cost to the taxpayers, and I think it has no drawbacks to it. That is why I'm proposing
it."
Comments from Commissioner Robertson: "Just for the record, I agree the Second
Amendment has nothing to do with duck hunting, home protection, school shootings, target
shooting --none of that stuff. The Second Amendment was written, and if you read what the
founding fathers wrote, it was to give citizens the ability to take back control from an oppressive
government. This almost leads you to believe that military type weapons were specifically what
they had in mind, but 1 certainly don't want to open up that can of worms in that direction. I
believe our founding fathers were wise in their decision, and they were correct. I also believe
that registration is a precursor to special taxation, and if you think that cigarette smokers are
villainized, you wait to see what's going to happen to gun owners probably in the next four
years. I also believe that when there's a bad person with a gun, usually the only way to stop
them is with a good person with a gun. That being said, I will not vote for this specific
resolution for the following reasons: First, the decision to allow, or not allow, guns on school
property is not a county commissioner decision, and I don't want to pretend it's our decision. I
don't want anybody to be misled into believing it's our decision. Unfortunately, even by us
discussing it there will be people believing it's our call. People get confused on what we have
the ability to do, what we have the right to do, and what we have the obligation to do enough as
it is. I sure don't want to be in the middle of this anymore than we have to. Second, I really hate
opening up the door on recommending decisions on state and federal policies that we don't agree
with. We all make comments. I do it from up here. Other people do it from up here. I think
Obamacare is unconstitutional. If we start making proclamations and resolutions, which I don't
mind doing the proclamation to recognize the Second Amendment --I think that's the same day as
the NRA day. I really don't want this board to get bogged down taking an hour every meeting
wearing out a litany of things that we disagree with the state and federal government on because
we could fill up three hours a night. The third reason is because we have two school boards in
the county and before --even if I wanted to vote for this as it is written --I think we owe it to our
respective school boards who are the elected representatives of the people on school issues that
we should at least give them an opportunity to talk to us about it. We've not asked them for their
opinion, and I feel like before we even vote on something like this we should have their official
input. The fourth reason is because there's a huge gap between a concealed carry permit and
someone trained on how to handle a weapon and a hostile situation. I wore an army uniform for
26 years. I know how to use a fully -automatic weapon, a rifle, and I know how to use a semi-
automatic handgun. I would hate to have to discharge that firearm in a classroom full of kids or
a school house full of kids, but if somebody is going to do that, I want it to be somebody trained
to do that. I'm not opposed to having teachers or selected school people getting trained and
having weapons in the school system so that we can have more than just a school resource
officer. The threshold of proper training and preparedness certainly rises above the level of a
concealed carry permit. I do have a problem with that being the threshold. Then the last thing --I
did call teachers --I asked teachers about this. The input I got from teachers was that they got
distracted easily. The elementary teacher said this, and the high school teachers really said this.
If you don't have the gun strapped to you, there's a chance the gun could end up in the hands of a
child. If you forget to lock it in the desk of your drawer, or if you accidently leave it in your
pocketbook, and during the warm months, teachers are wearing light clothes so they are not
wearing jackets for the concealment of a weapon. Probably the tendency would be to take the
gun off and put it somewhere, then all of a sudden we have unintended consequences. While I
support the Second Amendment, and I also support having more people trained with weapons in
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the school to prevent something like this, this specific resolution, at this time, without discussing
it with our own elected representatives, I can't vote for it and I won't."
Commissioner Boone said the following: "I never claimed this was a commissioners'
decision. We are obviously asking the state to change a state statute. The state statute doesn't
only apply to public schools, it applies to private schools. It applies to any school or college
except for home schools --say for example the school Mrs. Griffith is principal of --they cannot
make their own decisions about firearms. The state dictates it for them. As far as our local
school boards, I would hope they would agree with us on this. I don't know, but right now they
have no authority. If they wanted to allow the school employees to carry weapons to school,
they do not have that option. The state has taken that option away from them. All this resolution
is doing is asking the state to amend the draconian part of the state statutes."
Commissioner Griffith said the following: "I work with children every day and I take my
responsibility as serious as being a mother. I look at my job, other than being a wife and mother,
as probably the most important thing that I do. I personally would do whatever it took to prevent
anything from happening to a child in our school. I would do whatever it took. I believe if we
had a sign on our school --if the sign said, `No weapons allowed,' every person walking in there
is aware that we are a soft target. When those children are all lined up for dismissal, and we are
all outside --devastation can happen in the blink of an eye --I believe if there were a sign outside
our doors that says, `Our staff is trained and armed and any attempt to harm a child will result in
deadly force,' I think it would make people think twice before they stepped in my school to do
harm. I think Mr. Boone is absolutely correct we have no options as a private school. We
receive no government money --we get not a single dime from the state of North Carolina to
offset the cost of tuition, and personally we don't want it. We don't want the state's money, but
in that regard, they have limited us in what we can do to protect our children. As a responsible
gun owner, and as a concealed gun carry permit person or citizen of Iredell County, I support this
resolution asking the legislature to take a look at this law and give the authority back to the
community where it belongs."
Chairman Johnson made the following remarks: "I don't know of any other issue that
brings to the forefront a clash between those who subscribe to a more liberal philosophy and
those who subscribe to a more conservative philosophy. It is the fork in the road where those
who believe you can regulate human behavior externally clashes with those who believe that
changes in human behavior can only originate from within. I believe the gun violence is not a
problem folks --it is a symptom --a symptom of our moral decline. People who are moral people,
who own guns, feel put upon because people are trying to take away a right that they think is
God given. I share that point of view. I will share this with you. I pass time, since I have
become older and have less physical prowess, I've become an avid reader. The best book I've
read in the past five years is by Jacques Barzun. He's a Frenchman. By birth he came here with
his parents. He died at the age of 104. When he was 93 years old he published what I think was
his greatest work. It's called, From Dawn to Decadence: 500 Years of Western Cultural Life
1500 to the Present. One of the most profound observations he made in that book was: `When
the absurd becomes common place and ordinary, your culture is in decadence.' Folks you can
look around you and the absurd is common place. It is absurd for someone to kill little children
with any kind of weapon. It is simply absurd. It defies all logic. I will say this, running the risk
of offending some people I'm sure in some quarters, but unless we return to the moral foundation
that founded this principle, ladies and gentlemen, we live in the twilight of a great civilization.
I'm a firm believer in that."
VOTING: Ayes — 3; Nays — 2 (Robertson and Norman)
CLOSED SESSION: MOTION by Chairman Johnson to enter into closed session at
8:10 PM for the purpose of discussing items pertaining to G.S. 143-318.11 (a) (3) —
Attorney/Client, G.S. 143-318.11 (a) (6) in regards to Personnel, G.S. 143-318.11 (a) (5) —
Property Acquisition, and G.S. 143-318.11 (a) (4) — Economic Development.
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 9:05 PM)
COUNTY MANAGER'S REPORT
WINTER BUDGET PLANNING SESSION: County Manager Smith distributed
copies of the agenda for the Winter Budget Planning Session scheduled on Friday, February 15
and Saturday, February 16, 2013, at the Agricultural Resource Center, Statesville, NC.
DIRECTIVE TO THE CLERK TO DRAFT A LETTER IN REGARDS TO THE
NORTH CAROLINA STATE RETIREMENT SYSTEM'S 1,000 HOUR MAXIMUM
WORK LIMITATION FOR COUNTY RETIREES: Chairman Johnson requested that a
letter be sent to the county's legislative delegation seeking an amendment to the state of North
Carolina Retirement System's (local government) regulations. Johnson said the county manager
could assist in obtaining internal data for use in the letter that would explain how the 1,000 hour
annual work limit was difficult for the county.
ADJOURNMENT: There being no further business to conduct, Chairman Johnson
made a motion at 9:10 PM to adjourn the meeting. (NEXT MEETING: Winter Budget Planning
Session on Friday, February 15, 2013, and Saturday, February 16, 2013, at the Agricultural
Resource Center, Statesville, NC.
VOTING: Ayes — 5; Nays — 0.
Approval:
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Clerk to the Board