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HomeMy WebLinkAboutOctober_1_2013_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES OCTOBER 1. 2013 The Iredell County Board of Commissioners met on Tuesday, October 1, 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, Finance Director Susan Blumenstein, Planning Division Manager Matthew Todd, Transportation Administrator Ben Stikeleather, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Johnson INVOCATION by Chairman Johnson ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith announced and requested the following adjustments to the agenda. Additions: *Request for Approval of Budget Amendment #7 for the 2013 Refunding of the 2003 COPS and Rescue Squad Installment Payment Financing *Under New Business, an Update on the Year -End (FY 2012-13) Close Out will be Presented *Pertaining to Memo #1 (2012 Scattered Site Housing Project), the Analysis of Impediments was not included in the agenda packet. (A copy of this document was distributed to the board members at the meeting.) OTIO by Commissioner Griffith to approve the agenda with the adjustments. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS Request for Approval of Documents Relating to the 2012 Scattered Site Housing Project and Future Community Development Block Grant (CDBG) With all Items being Effective October 2013 — October 2016: Joining Planning Division Manager Matthew Todd to discuss this request was Program Administrator Alicia Broadway, with Benchmark CMR, Inc., the agency providing the administrative and service delivery work for the CDBG. Ms. Broadway said Benchmark was honored to assist with the 2012 Scattered Site Housing grant. She said six items needed to be approved, and each one required a separate motion. (The items for approval are as follows: (1) Approval of a Resolution for the Required CDBG Policies, Procedures and Plans (2) Approval of a Fair Housing Resolution (3) Approval of a Resolution Authorizing the County Manager and the Planning Division Manager to Sign DCA Report Reports and Documents (4) Approval of a Project Budget Ordinance (5) Approval of an Analysis of Impediments and (6) Approval of a Language Access Plan.) Commissioner Boone said the following: "I attended a partisan event at the Republican Women's Club last Thursday, and the program had good information. I went to the city council candidate forum first so I heard about one-half of the program, but it was one of the best I've heard recently. Mr. Guy Smith from Cleveland County was describing how the Federal government, and to a lesser extent the state governments, used money or grants and attached conditions to them. They use these as a tool to impose their will and their control on local governments. I wish that all members of this board and all members of the local governments in this county had been able to attend. It was a very eye opening and informative meeting. I "We often complain about the mandates imposed upon this Board by the Federal and state governments and rightfully so. These mandates are sometimes imposed by direct coercion, but in many cases local governments are enticed into bending to the will of Washington or Raleigh by the lure of `free' money. We are offered some sort of grant, paid for with tax dollars, that may benefit at least a few people in the community. We are told that if we do not accept the money, someone else will get it. The only catch is that this `free' money almost always comes with strings attached. "The next several items on our agenda provide a textbook example. These are contained in Memo #1 plus the additional information that we just received. "If we approve these items, the County Manager will be tasked with receiving housing discrimination complaints, attempting a local resolution, and informing state authorities. The County would have to publicize in the local newspaper and on the County's website notices that the County Manager can be contacted with housing discrimination complaints. The Manager would also be required to accept complaints involving any HUD funded program and be the Compliance Officer for Section 504 grievances. The County would additionally be required to post Fair Housing posters in both English and Spanish in a visible location in this building and at other public buildings, as well as distribute county -specific and state -printed Fair Housing pamphlets to lending institutions and housing -related nonprofit organizations in the county. "Enforcement of fair housing laws has been a responsibility of the Federal and state governments, not of the county. If the Board approves these agenda items, we will be imposing upon ourselves a mandate to enforce state and Federal laws. Publicizing the fact that complaints can be lodged with a local official will likely increase the number of complaints. "One document we are being asked to adopt would commit the County to pursuing affirmative action in employment matters. It reads, `Responsibility for implementing equal opportunities and affirmative action measures is hereby assigned to the Board of Commissioners Chairman.....' "The County would be required to hold at least three public hearings relating to the grant. Upon request, we would be mandated to provide a translator for any non-English speaking person desiring to attend one of the hearings. Upon request, the County would have to translate `vital' documents into other languages, and provide translation assistance to any Limited English Proficiency individual wishing to file a complaint. "This is only a brief summary of the mandates we are being asked to impose upon ourselves. Just the memo on this matter in our agenda packet is nearly 50 pages long. It would be safe to say that complying with all the requirements of the Housing Grant would involve hundreds of hours of county staff time. In addition, five or ten minutes ago, we were given another memo relating to this matter which is 22 pages long, and I'm sure the members have not had a chance to read it. "The red tape attached to the acceptance of the Housing Grant is even worse than I, and I suspect most other Board members, realized it was when the proposal was first presented. "I am very cognizant of the argument that if we do not accept the grant someone else will receive the money, and that some people would benefit by our acceptance of the grant. That is the very reason I have voted to accept many grants I would not have voted to fund had I been a state or Federal legislator. "But there comes a point where the onerous mandates attached to acceptance of the sovereign's money outweigh the benefits. I believe such is the case in the matter at hand. For those who disagree, I would ask how high a price they would be willing to pay for the grant at issue. I respectfully ask my fellow Board members who originally voted in favor of accepting the money to reconsider their position in light of the information we now have before us." OTIO by Commissioner Boone to move to the next item on the agenda. VOTING: Ayes — 2 (Boone & Griffith); Nays — 3 OTIO by Chairman Johnson to approve a resolution for the required CDBG policies, procedures and plans. VOTING: Ayes - 3; Nays — 2 (Boone & Griffith) 2. OTIO by Vice Chairman Norman to Approve the Fair Housing Resolution. VOTING: Ayes - 3; Nays — 2 (Boone & Griffith) 3. OTIO by Commissioner Robertson to approve a resolution authorizing the County Manar-er and the Planning Division Manager to Sign DCA reports and documents. VOTING: Ayes - 3; Nays — 2 (Boone & Griffith) 4. OTIO by Commissioner Robertson to approve a Project Budget Ordinance. VOTING: Ayes — 3; Nays — 2 (Boone & Griffith) Analysis of Impediments: Commissioner Boone said the information on this item consisted of 22 pages. He said the information had only been shared at the meeting, and it was doubtful that any board members had been given enough time to read the analysis. Commissioner Boone said it was assumed that if the board members approved the document, they would be approving something they had not read. Chairman Johnson asked if the county staff had reviewed the document, and if so, was there a recommendation for approval. Planning Division Manager Matthew Todd said the staff recommended approval. 5. OTIO by Vice Chairman Norman to approve the Analysis of Impediments. VOTING: Ayes - 3; Nays - 2 (Boone & Griffith) 6. OTIO by Chairman Johnson to approve the Language Access Plan. VOTING: Ayes — 3; Nays — 2 (Boone & Griffith) Note: A copy of all of the items included in this request may be found at the end of the minutes. Request from ICATS to Call for a Public Hearing on October 15, 2013 to Allow Citizen Input on the FTA 5310 — Elderly and Disabled Grant Application: Transportation Administrator Ben Stikeleather said the FTA 5310 grant would provide funding for elderly and disabled individuals to travel to dialysis appointments and to make personal trips. He said the only change from last year would be a funding increase of $100,000. OTIO by Vice Chairman Norman to call for a public hearing on October 15 to allow citizen comments about the FTA 5310 grant. VOTING: Ayes — 5; Nays — 0. Request from ICATS to Call for a Public Hearing on October 15, 2013 to Allow Citizen Input on the FTA 5311 — Administrative and Capital Grant Application: Transportation Administrator Ben Stikeleather said the FTA 5311 funds would provide $260,000 for administrative costs during the next fiscal year along with $130,000 in capital funds to replace vans that had aged out. OTIO by Commissioner Griffith to call for a public hearing on October 15 to allow citizen comments about the FTA 5311 grant. VOTING: Ayes — 5; Nays — 0. Request from ICATS to Call for a Public Hearing on October 15, 2013 to Allow Citizen Input on the FTA 5316 — Job Access and Reverse Commute Grant Application: Transportation Administrator Ben Stikeleather said FTA 5316 funds would remain the same next year ($200,000) and the funding would assist in transporting individuals to and from work when their hours began before 8 AM or after 5 PM. OTIO by Commissioner Griffith to call for a public hearing on October 15, 2013 to allow citizen comments regarding the FTA 5316 grant. VOTING: Ayes — 5; Nays — 0. Request from the North Carolina Department of Cultural Resources - Division of Archives and Records for Approval of Amendments to the County Management Records Retention & Disposition Schedule: County Manager Ron Smith said two minor amendments had occurred to the Records Retention and Disposition Schedule approved by the board of commissioners in July. He said one amendment clarified the language for escheat an unclaimed property reports, and the other related to employee eligibility records. OTIO by Commissioner Boone to approve the amendments to the County Management Records Retention and Disposition Schedule. VOTING: Ayes — 5; Nays — 0. Request for Approval of the September 17, 2013 Minutes: OTIO by Commissioner Boone to approve the minutes as presented. VOTING: Ayes — 5; Nays — 0. Request for Approval of Budget Amendment #7 for the 2013 Refunding of the 2003 COPs and Rescue Squad Installment Payment Financing: Finance Director Susan Blumenstein said the refinancing of the 2003 Certificates of Participation and the 2004 Installment Purchase Agreement for the Rescue Squad had closed out, and the net present value savings would be $2.3 million over the next ten years. She said a budget amendment was needed in order to record the proceeds in the general fund. OTIO by Vice Chairman Norman to approve Budget Amendment #7. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Partners Behavioral Healthcare Board of Directors (2 announcements) 11 To record proceeds of 2013 Debt Refunding and retirement of existing Installment Payment Debt for Iredell County Rescue Squad and remaining 2003 Educational COPS BA#7 10/1/2013 Account# Current Chane Amended General Fund - (18,545,000) (18,545,000) 104880 4902.00 Proceeds of Refunding Debt 105700 5600.30 Debt Financing Fees - ISS 15,000 (1,175) 13,825 105700 5602.30 Debt Financing Fees -MGSD 6,000 (606) 5,394 105710 5751.00 Debt Refunded - 18,480,781 18,480,781 105710 5751.02 1 Refunding Closing Costs - 1 66,000 1 66,000 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Partners Behavioral Healthcare Board of Directors (2 announcements) 11 APPOINTMENTS TO BOARDS AND COMMISSIONS Nursins Home Advisory Committee (2 appointments): OTIO by Commissioner Griffith to postpone these two appointments. VOTING: Ayes - 5; Nays - 0. Adult Care Home Community Advisory Committee 0 appointment): OTIO by Commissioner Griffith to postpone this appointment. VOTING: Ayes - 5; Nays - 0. Local Emergency Planning Committee (3 appointments): Commissioner Griffith nominated Ryan Laney, Marge Gray, and Jane Murray. OTIO by Chairman Johnson to close the nominations and to appoint Laney, Gray, and Murray by acclamation. VOTING: Ayes - 5; Nays - 0. NEW BUSINESS YEAR END BUDGET UPDATE: Finance Director Susan Blumenstein distributed a spreadsheet containing the following consolidated general fund information for year ending June 30, 2013. 1011512013 Revenue i MQ j 6130110 tTil 6130111 j tTiL 6130112 rTTJ 6130H3 '', rTR4T1J I Inc lDec) r7lanwj5w i xerrna n Budget 1 Budget amrr www' (tinder) Budget LAdyatoran Taxes 91,716290 92,840,505 98245152 100,334,891 ,. 2.13%i 99,160,4151 101.18% 1,174,476 ;Other TaxesgUmnses 815015{ 1,108,695' 1,142570 1,120,343 -1.95% 3,722,729 _ 10373% 40,243 sales ram (1) 1 23,076,683 20.414,8321 2484972 26958,072 L_ 4.41%1 -..1,080,100, 27,487,6001 9807% (529528) i8ldg8LandDev(2) NlOther Revenue__ _ _ 11.682,885.__7768,201)- 6,684,8471_- 6,873,078 16,736,0391 39.35% 151,004,5021 153,875,210 LReglst erolDeeds _ 7518791 --1,6889131 . 710,194 -.. 742,018 Cade Eniercement 2628732 _ _ 1,927X7 ( 2,367,614 1,811,020 239,795 190,6491 198,618 'Health -on-site Wastewater 1 334,773 283,918( 310,280 '(EMS 3,432,147 4,087,3631 3,895,560 .:Health Dept -all other '; 3,663,367 _ 3586,132 3,722,729 social Services 1 17,021.449 16,014,466 15,383,058 �SheffsOepartnutt 2557808: 1,621,161 1,824,813 Jail 696,603, 539,434 436,125 NlOther Revenue__ _ _ 11.682,885.__7768,201)- 6,684,8471_- 6,873,078 Total Bullftg 8 LarldDeveMpment revenues up a totat o/1&5%overFY12 990,6451 67,895 33.50% 750000 132.09% 2628732 1,789,451 11.03%1 1,811,020 145.15% _ 235,548 �. 18.59% _ 174,050! 135.33% 433,8301 39.82%1 319,5601 135.76% 4,573,477 1 _ 17.40%. 3,962,2501 _1.15.43% _ 3,524,337 -5.33%t 4.229.555 i 83.33% 14,300,725 .7.04%'� 15,456,945 92.52% 1,257,758 -31.07% 1,130.824 111.22% 506,480 16.13% 460,850 i 109_90% 6,684,8471_- x.19% 16,736,0391 39.35% )Genera( Govemmenial.._.-1 .11070242___--,11162,430'.,-- 11,489,412 j 13,339,8841 16.11%1 17,024,949! 789 iPubiie Sat _. I 27,724,500 28,024517 -_ etyj28751,9161 29818,906; 371%I 32577858.��92% 'Bldg &Land Deuelopmenl i 595,067 553.566 i_ 401,975 Bu8drlg Standards Center 67,895 . 67,6791 -- 55,460 Code Enim_cemen_t 1,947,092 1,789,451 1774,020 Planning I .. 801,157 819,900 671,463 On-site Wastewater ( 748,329 693,354 667,844 (Cooper rExtension I 365,906 357,8001 291,575 Human Servxes 33,203,091 32,381,012. -69242289 _ 32,082,822 'Education lucludes Debt Rm) 75997465 69_,829.938 (Debi Semce(County) i _. 1,050.661 1 _ 1020,321 990,405 !Cultural&Reueatienal 5,146,808- 4,892,183 4,818,931 joiner financing uses 1,005,675 2.194,050 I 159,723,668 1 151,004,5021 153,875,210 432855 7.68%j 474169: _ _ 276,700 i 100.00% 285,511 -- 97% +- 62180:. 12.12% 92,518 . 671A 1,644,153 1_ _ -7.32%1 _ 1732 006 750,816 1 1182%1 _ 785,373961A _951A ._... 604,822 9.44%1 618,026 98% 323,698.1 _ 11.02%1 414,531 78% 30,267,270 ! 566%1 34,330.877_ 88% 73.217,534 4.85%.-, 73.677,708 _ 99% 1060,015~„ 703%� _ 1,084,800 _. 98%___ FY 2013 Addition to Unassigned Fund Balance 2;457;088 61 817 611,227 126,934 Ms. Blumenstein said the auditors had finished auditing the financial statements for year ending June 30, 2013, and a report of findings would be presented to the board on November 19. Using the aforementioned spreadsheet, Blumenstein noted a few highlights as follows: *Ad valorem tax base was budgeted at $20.46 billion, but it came in at $20.582 billion *Tax collection rate was budgeted at 96.95%, but it came in at 97.06%. (Almost $1.2 million more was collected in ad valorem taxes.) *Retail sales are up *Revenues are up for the departments of the Register of Deeds, Code Enforcement, Planning, Environmental Health, and EMS (Blue Cross & Blue Shield paid a settlement due to previous underpayments, and there was a Medicaid settlement payment) *Some health divisions (maternal health, WIC, and child health coordination) have lower revenues than what was budgeted, but overall, when looking at revenues and expenditures, the county did not spend the full amount budgeted in county funds •Revenues were down in social services, but expenditures were down too with much of this being in foster care and adoption assistance payments •In expenditures, it appears the county underspent by $11.7 million. (Almost $5.7 million of this; however, is in encumbrances for next year due to unfinished projects. The actual unspent amount will be around $6.1 million.) •$2,457,088 will be added to the unassigned fund balance Chairman Johnson cautioned everyone about getting too confident about the finances as he still had a concern about the economy. He mentioned the importance of retaining a "substantially higher percentage of fund balance than what was historically maintained." He said that until there was fiscal policy in place on the Federal level to keep the economy going on a sustained basis, a fund balance at a minimum of 18% should be retained. Johnson said that at the Fall Planning Session some consideration should be given on how much of the $2.457 million could be set aside for the jail. He said this would reduce the level of debt service should the county have to incur future debt for a jail. Johnson encouraged the other board members to talk with the county staff about how much of the funding might be set aside in a jail capital reserve fund. He said that in 18 months there could be new members on the board of commissioners, and it was already known that a jail needed to be built. Commissioner Boone agreed that a healthy fund balance was needed and future debt should be at a minimum. Future Planning Sessions or Retreats Commissioner Boone mentioned the county was having a planning session in November. He said that in the past there had been some discussion about having incentives for employees who found ways to save money. Mr. Boone requested that a portion of time be devoted to incentive proposals at the planning session. In addition, Commissioner Boone requested that the board members not engage in any official business during planning sessions or retreats. He said that agenda packets were distributed before the regular meetings, and this provided time for the board members to review and research the items. Boone said at the planning sessions much information was either distributed or presented and the board members sometimes approved items without having enough time for due consideration. He said this process wasn't conducive to good decision making. Boone said a consensus could occur at the planning sessions, but on substantive matters not requiring urgent attention, he preferred for the topics to be placed on a subsequent agenda for a regular board meeting. Chairman Johnson agreed about not making decisions at the planning sessions, but he requested leeway pertaining to a discussion on economic development in November. He said at some point strategies and recommendations might be presented, and the staff would need some general direction on how to proceed. Mr. Boone asked that planning session agenda item information be provided to the board members in advance, if possible. 1.1 COUNTY MANAGER'S REPORT Environmental Health Inspections: County Manager Smith said the environmental health inspection backlog had been cut down to one week in Statesville and two weeks in Mooresville. New Health Director Recognized and Welcomed: Chairman Johnson welcomed Health Director Jane Murray to Iredell County. Ms. Murray began work on September 30, 2013. ADJOURNMENT: There being no further business to conduct, Commissioner Griffith made a olio to adjourn the meeting at 7:48 PM. (NEXT MEETING: Tuesday, October 15, 2013, in the Iredell County Government Center, 200 South Center Street, Statesville, NC.) VOTING: Ayes — 5; Nays — 0. Approval: Clerk to the Board IREDELL COUNTY'S RESOLUTION COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS OCTOBER 2013 — OCTOBER 2016 WHEREAS, Iredell County has been awarded Community Development Block Grant funds from the North Carolina Department of Commerce, Division of Community Assistance; and WHEREAS, Iredell County desires to adopt and maintain current Community Development Program Policies, Procedures, and Plans as listed in Attachment A and individually attached to this Resolution; and NOW. TIIEREFORE, BE IT RESOLVED, Iredell County hereby adopts Community Development Program Policies, Procedures, acid Plans as herein contained. Adopted this the ]sl day of October , 2013. Stephen D. Johnspd Chairman ATTEST: (lean Moore, Clerk to the Board IREDELL COUNTY SECTION 504/SELF-EVALUATION SURVEY ATTACHMENTS Attachment A The County uses newspaper advertisements and posts information on publicly accessible bulletin boards to notify all persons including the disabled of their rights under the County -funded or directed government projects. The County informs all job applicants that the County is an Equal Employment Opportunity Employer and does not discriminate against anyone for any reason including the disabled in considering the applicant for employment. Crossroads Behavioral Health represents disabled persons located within the County. The County will establish contact with this organization and other organizations in surrounding jurisdictions that may serve the County in the future. The County will continue to consult with individuals interested in the special needs of handicapped and disabled persons. The County has hiring policies to assure that no person, disabled or otherwise, is discriminated against when being considered for employment with the County. Attachment B The County provides for translators, people to sign for the hearing impaired, and any other auxiliary services necessary to participate if the County Clerk is notified prior to meetings, visits, or hearings. The County utilizes the State's Relay Number for the Deaf — TDD Number (1-800-735-8262) to make County services available to the hearing impaired. Attachment C A copy of the County's personnel manual, which includes this FIR policy, has been placed in the CDBG program files. IREDELL COUNTY SECTION 504 COMPLIANCE OFFICER/GRIEVANCE PROCEDURE OCTOBER 2013 — OCTOBER 2016 Iredell County, North Carolina, hereby designates Ron Smith. County Manager. or his designee, to serve as Section 504 Compliance Officer throughout the implementation of Iredell County's Community Development Block Grant Programs. Citizens may file Section 504 grievances at any point in the program. 'file County will respond in writing to written citizen grievances. Citizen grievances should be mailed to Ron Smith, County Manager, Iredell County. P.O. Box 788, Statesville, NC 28687. The County will respond to all written citizen grievances within ten (10) calendar days of receipt of the comments. Should any individual, family, or entity have a grievance concerning any action prohibited under Section 504, a meeting with the compliance officer to discuss the grievance will be scheduled. The meeting date and time will be established within five (5) calendar days of receipt of the request. Upon meeting and discussing the grievance, a reply will be made, in writing, within five (5) calendar days. If the citizen is dissatisfied with the local response, they may write to the North Carolina Division of Community Assistance (DCA), 4313 Mail Service Center, Raleigh. NC 27699. DCA will respond only to written comments within ten (10) calendar days of the receipt of the comments. 1\ IREDELL COUNTY COMMUNITY DEVELOPMENT CODE OF CONDUCT OCTOBER 2013 — OCTOBER 2016 HATCH I ACT No employee or agent of the County may perform any function during work hours that is considered political activity. This includes: soliciting votes, transporting voters, distributing campaign materials, working on or developing campaign materials, etc. DISCRIMINATION No person shall, on the grounds of race, color, religion, national origin, handicap or familial status, Vietnam Era Veteran status or sex be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity funded in whole or in part with federal funds. ENGAGEMENTIN PROCUREMENT No employee, officer or agent of the County shall participate in the selection or award of administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a) The employee, officer, or agent; b) Any member of his immediate family; C) His or her partner; or d) An organization which employs or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's officers, employees, or agent shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub -agreements. CONFLICT OF INTEREST No employee or agent shall influence or attempt to influence the outcome of any case or matter in which he has a direct interest either personally or in the person of any relative by blood or marriage. Employees or agents so involved shall abstain from dealing with such matters; they may provide information at the request of the Board of Commissioners, but shall not attempt to influence the decisions of the Board of Commissioners. IREDELL COUNTY CITIZEN PARTICIPATION PROCEDURE FOR COMPLAINTS OCTOBER 2013 — OCTOBER 2016 fredell County has developed a procedure to process complaints, which may be received involving the 2012 CDBG Scattered Site Housing Project or any other HUD -funded program. There are two basic forms of complaint procedures: 1) verbal complaints which will be dealt with informally by the County Manager's Office (CMO), and 2) written complaints which will be dealt with formally with a set of procedures including appeals. All written complaints received by Congressional staff, local elected officials, the Clerk to the Board, and the County Manager will be loggcd in as received by the CMO. Within a ten-day period following the receipt of this complaint, a response will be developed by the CMO. reviewed by the Clerk to the Board, and mailed to the party who wrote the complaint. This response will include property documentation and background of the case in question, the proposed action, and the time frame in which the complaint will be addressed. In the event this response is unsatisfactory to the person making the complaint, that party will be referred to the North Carolina Division of Community Assistance (CA), specifically the CA Representative serving the County. The CA Representative will respond in writing to the complaint and the County with a decision or recommendation for resolution. The written recommendation made by the CA staff will be final in all cases. It is the responsibility of the person making the complaint to furnish documents, provide documentation to support allegations, provide counsel if desired, inform in writim, to the CMO if they are represented by a third party, and attend the meeting involving a review of their complaint. IREDELL COUNTY CITIZENS PARTICIPATION PLAN OCTOBER 2013 — OCTOBER 2016 Iredell County provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income that are residents of low and moderate - income neighborhoods and/or slum and blight areas. The County provides citizens with reasonable and timely access to local information and records relating to the grantee's proposed use of funds. This is done through Board of Commissioners' meetings, which are advertised in the local newspaper. The County provides technical assistance to facilitate citizen participation, when requested. Such assistance is provided to groups representative of persons of low -and moderate - income that request assistance in developing proposals. 'file level and type of assistance will be determined by the applicant. The County provides for public hearings to obtain citizens views and to respond to proposals and questions at all stages of the community development program. including one hearing to receive citizen input as to the housing, community and economic development needs of its citizens, one hearing prior to the submission of any application for CDBG funding from the North Carolina Division of Community Assistance, and one hearing at the close-out of the grant program. Adequate notice is given for these meetings at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped. Any published advertisement issued by Iredell County includes the State TDD telephone number (1-800-735- 2902). Iredell County provides for timely written answers to written complaints and grievances. A response will be made within 10 calendar days. (See attached Complaint Procedure) Iredell County will provide a translator for non-Emolish speaking residents for public hearings when the County is notified that any non-English speaking resident will attend the public hearing. An interpreter will be provided for hearing; impaired residents. A minimum of 48-hour notice to the Clerk to the Board is required for interpretation services, which may be needed for all County public hearings. J !. .i 4 1REDELL COUNTY RESIDENTIAL ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE PLAN OCTOBER 2013 — OCTOBER 2016 (n order to comply with the requirements of Section 104(d) of the Housing and Community Development Act of 1974. Iredell County adopts the following plan: Iredell County will replace all occupied and vacant occupiable very -low or low-income dwellings units demolished or converted to a use other than low/moderate-income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570.606 (b)(1). All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County will make public and submit to HUD the following information in writing: 1. A description of the proposed assisted activity: 2. A general location on a map and approximate number of dwelline units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate- income dwelling units as a direct result of the assisted activity; ;. A time schedule for the commencement and completion of the demolition or conversion: 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of' replacement dwelling units; and 6. the basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy. The County will provide relocation assistance, as described in 570.606 (b)(2), to each low/moderate-income household displaced by the demolition of housing or by the conversion of a low/moderate-income dwelling to another use as a direct result of assisted activities. J R. IREDELL COUNTY PROCUREMENT POLICY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS OCTOBER 2013 — OCTOBER 2016 In the procurement of supplies, equipment or services in Iredell County's CommulluN Development Block Grant Program, the following policies shall apply: I) Small purchase procedures. 'theses are relatively simple and informal procurement methods that are sound mid appropriate For a procurement of services, supplies, or other property, costing in the aggregate not more than $25.000. Under this procurement method, price or rate quotations shall be obtained from an adequate number of qualified sources. Miscellaneous professional services, office supplies and equipment may be secured by this method. 2) In competitive sealed bids (formal advertising), sealed bids shall be publicly solicited and a firm. fixed, price contract shall be awarded to the responsible bidder whose bid, conforming with all of the material terms and conditions of the invitation for bids, is lowest in price. .i) In competitive negotiations proposals shall be requested from a number of sources and the Request for Proposals shall be publicized. All aspects of the competitive negotiations shall be carried out in conformance with 24 CFR Part 85. The general administrative contract, appraisal contract, surveying contract and all other required services related to the program implementation shall be awarded utilizing this method. Under this method special consideration shall be given to experience, technical abilities, and familiarity with the services to be provided. Price shall not be the sole consideration for award of contract. All procurement efforts shall include the solicitation of bids from qualified small, female, and minority-owned business firms. In all cases, procurement under this Policy must conform to the requirements for procurement set forth in 24 CFR Part 85. An adequate record of procurement most be maintained to ensure that these policies and the rcquiremcnts of 24 CFR Part 85 have been followed in their entirety. v y. J '�Innl1'It ` IREDELL COUNTY FAIR HOUSING COMPLAINT PROCEDURE OCTOBER 2013 — OCTOBER 2016 Housing discrimination is prohibited by Title VIII of the Civil Rights Act of 1968 and by the North Carolina State ['air Housing Act. In an effort to promote lair housing and to ensure that the rights of housing discrimination victims are protected, Iredell County has developed the following procedures for receiving and resolving housing discrimination complaints: Any person or persons wishing to file a complaint of housing discrimination in Iredell County may do so by informing the County Manager of the facts and circumstances of the alleged discriminatory acts or practice. 2. Upon receiving a housing discrimination complaint, the County Manager shall acknowledge the complaint within 10 days in writing and inform the North Carolina I luman Relations Commission about the complaint. When a housing complaint cannot be resolved at the local level, the County Manager shall offer assistance to the North Carolina Human Relations Commission in the investigation and reconciliation of all housing discrimination complaints, which are based on events occurring in Iredell County. 4. The County shall publicize in the local paper and on the County's website that the County Manager is the local official to contact with housing discrimination complaints. ATTACHMENT A Policies, Procedures, Plans, etc. for Iredell County's CDBG Programs 1. Fair Housing Plan and the Fair Housing Complaint Procedure - This plan states how the County will affirmatively further fair housing and the procedure states how the County will handle complaints of housing discrimination and the steps that will be undertaken to resolve these complaints. 2. Equal Employment Opportunity and Procurement Plan - This plan certifies that the County will comply with all nondiscrimination laws and regulations in employment, and will take action in the areas of enforcement, education and removal of barriers and impediments that affirmatively further equal access in procurement. 3. Procurement Policy — This policy outlines the three methods of procurement to be used within this project for the award of contracts and for purchases made. 4. Section 3 -Local Economic Benefit for Low and Very Low Income Persons Plan - This plan explains the County's strategy for identifying employment opportunities arising out of a CDBG-assisted project and for making these jobs available for low-income residents in the project area It also states that the project activities will try to utilize local suppliers. 5. Residential Anti-DiVlacement and Relocation Plan - This plan outlines how the County will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than low/moderate income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974 and what steps the County will take to replace these units. 6. Citizens Participation Plan - This plan states that the County will provide for and encourage citizen participation and will provide technical assistance to groups representative of persons of low and moderate income who request such assistance. 7. Citizens Participation Procedure for Complaints - This plan outlines the procedures developed by the County to handle complaints received involving the Community Development Block Grant or any HUD -funded programs. 8. Code of Conduct - This policy states that no public official, employee, officer or agent of the County shall participate in the selection, the award or the administration of a contract supported by federal funds if a conflict of interest, real or apparent, is involved. 9. Section 504 Plan & the 504 Grievance Procedure — The County's 504 Self Evaluation and the 504 Grievance Procedure documents the hiring policies and practices of the County and describes how citizens can file a grievance concerning 504. Section 504 preceded the American's with Disabilities Act (ADA) and deals with handicapped access to public facilities. It mirrors the more recent requirements adopted under ADA regulations, but is applicable only to public facilities. C IREDELL COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2012 CDBG SCATTERED SITE HOUSING GRANT PROJECT BUDGET ORDINANCE BE IT ORDAINED by Iredell County's Board of Commissioners that, pursuant to Section 13? of Chapter 154 of the General Statutes of North Carolina, the following Grant Project Budget Ordinance is hereby adopted: Section 1. The project authorized is the Community Development Block Grant Program described in the work statement contained in the Grant Agreement between this unit and the North Carolina Department of Commerce, Division of Community Assistance. This project is more familiarly known as the 2012 CDBG Scattered Site l lousing Project. Section 2. The officers of the County are hereby directed to proceed with the Grant Project within the terms of the Grant document(s), the rules and regulations of the Department of Commerce's Division of Community Assistance and the budget contained herein. Section 3. The following revenues are anticipated to be available to complete this project: Community Development Block Grant: $225.000.00 TOTAL. $225.000.00 Section 4. The following amounts are appropriated for the project: C-1 (Fill Rehab) Activities: Rehabilitation $182,250.00 .Administration $20.250.00 TOTAL C-1 PROJECT BUDGET $202,500.00 L-1 (Emergency Repair) Activities: Rehabilitation $20.250.00 Administration $2.250.00 TOTAL L-1 PROJECT BUDGET $22,500.00 Section 5. The Finance Director is hereby directed to maintain, within the grant project fiord. sufficient detailed accounting records to provide the accounting to the grantor agency required by the Grant Agreement(s) and federal and state regulations. Section 6. Requests for funds should be made to the grantor agency in an orderly and timely manner as funds are obligated and expenses incurred. Section 7. The Finance Director is directed to report quarterly on the financial status of each project element in Section 4 and on the total grant revenues received or claimed. Section S. The Finance Director is directed to include a detailed analysis of past and future costs and revenues on this grant project in every budget submission made to this Board of- Commissioners. fCommissioners. Section 9. Copies of this Grant Project Budget Ordinance shall be made available to the Finance Director for direction in carrying out this project. Section 10. the Finance Director is hereby authorized to transfer funds from one line item to another line item without further approval by the Board of Commissioners. subject to the regulations of the North Carolina Department of Commerce. Division of Community Assistance. Adopted this the Ise day of October . 2013. Stephen .Johnson, Chairman //,Attest: Jean Moore. Clerk to the Board FAIR HOUSING RESOLUTION IREDELL COUNTY, NOIY['H CAROLINA OCTOBER 2013 — OCTOBER 2016 WHEREAS, Iredell County seeks to protect the health, safety and welfare of its residents; and WHEREAS, citizens seek safe, sanitary. and habitable dwellings in all areas of the County; and WHEREAS, Iredell County finds the denial of equal housing opportunities because of religion, race, color, sex, familial or handicap status, or national origin legally wrong and socially unjust: and WHEREAS, the denial of equal housing opportunities in housing accommodations is detrimental to public welfare and public order; and WHEREAS, Iredell County finds the practice of discrimination against a citizen in housing a denial of his equal rights and his equal opportunity to seek a better living and develop community pride: NOW THEREFORE, BE 11' RESOLVED, by the Hoard of Convnissioners of Iredell County, North Carolina, that Section 1. Iredell County has declared it an official policy that there shall not be discrimination in the terms or conditions for buying or renting housing within the County. Section 2. All business groups and individual citizens of the County are tinged to respect and implement this policy. Section 3. The County Managcr or his designate. of Iredell County is the official authorized by the County to (1) receive and document complaints regarding housing discrimination in the County: and (2) relcr such complaints to the North Carolina Human Relations Commission for investigation, conciliation and resolution. Adopted this the Ise day of October 2013. Stephen D. Johns9riLthainnan �/Attest Jean Moore, Clerk to the Board i IREDELL COUNTY RESOLUTION AUTHORIZING THE COUNTY MANAGER AND THE PLANNING DIVISION MANAGER TO SIGN REQUIRED DCA REPORTS AND DOCUMENTS OCTOBER 2013 — OCTOBER 2016 WHEREAS, Iredell County has received a Community Development Block Grant from the North Carolina Department of Commerce, Division of Community Assistance for the Scattered Site Housing Program; and WHEREAS, Iredell County must sign various reports and documents, which need to be periodically sent to the Division of Community Assistance during the administration of the grant: and BE IT RESOLVED, that Ron Smith, the County Manager, is designated to sign these reports and documents on behalf of Iredell County's Board of Commissioners, and that Matthew "Codd, the County's Planning Division Manager, is designated as an alternate should the County Manager not be available. BE IT FURTHER RESOLVED, the authorization is to be effective on the I" day of October, 2013. Adopted this the Is' -day of October ,2013. _ t -1 Ate! y 4 Stephen`D. JohnsonChairman /Attest: ,lean Moore. Clerk to the Board IREDELL COUNTY RECIPIENT'S PLAN TO FURTHER FAIR HOUSING OCTOBER 2013 — OCTOBER 2016 Grantee: I redell Recipient's Address: P.O. Bos 788, Statesville, NC 28687 Contact Person: Ron Smith Contact Phone #: 704-878-3050 Contact Email: rsmith�cdco.iredell.ne.us TDD #:1-800-735-8262 Indicate if the Recipient will be affirmatively furthering fair housing for the first time or has implemented specific activities in the past. First Time Past Activities X H. Identify and analyze obstacles to affirmatively furthering fair housing in recipient's community. (Use additional pages as necessary) The basic obstacle is a lack of knowledge among housing agencies in the community concerning Title VIII requirements. III. Will the above activities apply to the total municipality or county? Yes_X No__ If no, provide an explanation. (Use additional pages as necessary) IV. Briefly describe the quarterly activities that the recipient will undertake over the active period of the grant to affirmatively further fair housing in their community. A time schedule and estimated cost for implementation of these activities must be included. Activities must be .scheduled for impleatetttatiou at least oil a ytrttrterlp basis. (Use attached table) The County will adopt a Fair Housing Resolution and a Complaint Procedure in the 4i' quarter of 2013, which will designate the County Manager as the official to receive complaints regarding housing discrimination. These complaints will then, by formal agreement, be referred to the North Carolina Human Relations Commission for investigation, conciliation and resolution within ten (10) calendar clays from the date of receipt. The County Manager also will submit a written response to the individual that filed the complaint to summarize the action being taken. This response will be made within ten (10) calendar days Brom the date the complaint was received. "file County Manager will place an advertisement in the local newspaper, which will inform residents of the Countys Pair Housing Resolution and who to contact for information and filing complaints. The County will distribute fair housing pamphlets in the 2nd quarter of 2014. which summarizes the Title Vill requirements, to various agencies in the community involved in housing services. This would include financial institutions and area nonprofit organizations. Grantee Name: Iredell County Quarterly Fair Flaceing Activity Nbndm Year Estimated Actual Cost cost Adopt a new Fair Housing Plan and add the contact Oct. — Dec. 2013 $270 information for the County's designee for housing complaints and Section 504 grievance complaints to the County's website. (Two activities to cover hdy- Sept 2013 before the FH Plan was adopted and Oct — Dec 2013. Request Fair Housing posters and pamphlets from the Jan. —Mar. 2014 $45 N.C. Human Relations Commission (NCHRC) and post the Fair Housing posters in both English and Spanish at an appropriate location at the County's Government Center Building to be visible to the public. Advertise both the Fair Housing Resolution and Apr. —June 2014 $225 Complaint Procedure. This notice will include the State's TDD( TY number. Establish a cunvnt list of local realtors that are July — Sept. 2014 $375 available to assist in locating housing for anyone needing assistance. Host a Fair Housing Workshop in collaboration with Oct — Dec. 2014 $300 another agency. Post Fair Housing posters at other public buildings Jan. — Mar. 2015 $80 visited by its citizens. Distribute County -specific Fair Housing pamphlets to Apr June 2015 $400 lending institution throughout Iredell County. Distribute County -specific Fair Housing pamphlets to July — Sept. 2015 $400 housing -related nonprofit organization throughout Iredell County. Advertise again the Fair Housing Resolution and the Oct — Dec. 2015 $150 Complaint Procedure. This notice also will include the State's TDDfM mrmber. Review and update the current list of local realtors tint Jan. — Mar. 2016 $270 are available to assist in locating housing for anyone needing assistance. Distribute Fair Housing pamphlets from the N.C. Apr.—June 2016 $270 Human Relations Commission to local lending institution and nonprofits throughout the County for display in public areas. Reassess its Fair Housing strategy to see how the plan July — Sept. 2016 $270 has worked to date. V. Describe recipient's method of receiving and resolving housing discrimination complaints. This may be either a procedure currently being implemented or one to be implemented under this CDBC grant. Include a description of how the recipient informs the public about the complaint procedures. (Usc additional pages as necessary) I ) Any person or persons wishing to file a complaint of housing discrimination in the County may do so by informing the County Manager of the facts and circumstance of the alleged discriminatory acts or practice. 2) Upon receiving a housing discrimination complaint, the County Manager shall acknowledge the complaint within 10 days in writing and inforni the Division of Community Assistance and the North Carolina Human Relations Commission about the complaint. ;) The County Manager shall offer assistance to the Commission in the investigation and reconciliation of all housing discrimination complaints, which are based on events occurring in the County. =4) The County Manager shall publicize, in the local newspaper with the TDD number. information for the local agency to contact with housing discrimination complaints. Adopted this I st day of October . 20 13 . Stephen D. Jo'lmson, Chairman ATTEST: can Moore. Ckfrk to the Board IREDELL COUNTY Local Economic Benefit for Low- and Very Low -Income Persons Plan Section 3 Plan October 2013 — October 2016 To ensure that, to the greatest extent possible, contracts for work are awarded to business concerns located or owned in substantial part by persons residing in the Section 3 covered area, as required by Section 3 of the Housing and Urban Development Act oh 1968, Iredell County has developed and hereby adopts the following Plan: This Section 3 Plan shall apply to services needed in connection with the grant including, but not limited to, businesses in the fields of planning, consulting, design, building construction/renovation, maintenance and repair, etc. This Section 3 covered project area for the purposes of this grant program shall include Iredell County and portions of the immediately adjacent area. When in need of a service, the County will identify suppliers, contractors or subcontractors located in the Section 3 area. Resources for this identification shall include the Minority Business Directory published through the State Department of Commerce, local directories and Small Business Administration local offices. Word of mouth recommendation shall also be used as a source. The County will include this Section 3 clause in all contracts executed under this CDBG Program. Where necessary, listings from any agency noted above deemed shall be included as well as sources of subcontractors and suppliers. The prime contractor selected for major public works facility or public construction work will be required to submit a Section 3 Plan which will outline his/her work needs in connection with the project. Should a need exist to hire any additional personnel, the Iredell County Employment Security Commission shall be notified and referred to the contractor. Each contract for housing- rehabilitation under the program, as applicable. forjobs having contracts in excess of $100.000 shall be required to submit a Section 3 Plan. This Plan will be maintained in the grant tiles and shall be updated from time to time oras the grant staff may deem necessary. Early in our project, prior to any contracting, major purchases or hiring, we will develop a listing of' ,jobs. supplies and contracts likely to be utilized during the project. We will then advertise in our local newspaper an advertisement, prominently located as a display advertisement, the pertinent information regarding the project including all Section 3 required information. Adopted this _ ls1 day of October .20 13 . Stephen D. Johnson, Chairman AT"I FST: / l /✓%/r Jean Moore, Clerk to the Board NC CI Section 3 Template, English 512011 Pg9e 1 IREDELL COUNTY Equal Employment and Procurement Plan OCTOBER 2013 — OCTOBER 2016 Iredell County maintains the policy of providing equal employment opportunities for all persons regardless of race, color, religion, sex, national origin, handicap, age, political affiliation, or any other non -merit factor, except where religion, sex, national origin, or age are bona tide occupation qualifications for employment. In furtherance of this policy, Iredell County prohibits any retaliatory action of any kind taken by any employee of the locality against any other employee or applicant for employment because that person made a charge, testified, assisted or participated in any manner in a hcaring. proceeding or investigation of employment discrimination. Iredell County shall strive for greater utilization of all persons by identifying previously underutilized groups in the workforce, such as minorities, women, and the handicapped, and making special efforts toward their recruitment, selection, development and upward mobility and any other term, condition, or privilege of employment. Responsibility for implementing equal opportunities and affirmative action measures is hereby assigned to the Board of Commissioners' Chairman to assist in the implementation of this policy statement. Iredell County shall development a sctf-evaluation mechanism to provide for periodic examination and evaluation. Periodic reports as requested on the progress of' Equal Employment Opportunity and Affirmative Action will be presented to the Board of Commissioners` Chairman. The County is committed to this policy and is aware that with its implementation, the County will receive positive benefits through the greater utilization and development of all its human resources. Adopted this Ist day of October .20 U . Stephen IS Ighn§on, Chairman ATTEST: bean Moore, Clerk to the Board Providing Meaningful Communication to Persons with Limited English Proficiency b•edell Couem October 2013 - October 2015 The purpose of this Policv and Plan is to ensure compliance with Title VI of the Civil Righls Act of 1964, and other applicablefederal mrd state laws and their intplennenting regulations with respect le persons with limited English proffciene•y (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 alejeating the objectives of these regulations, are prohibited POLICY: In order to avoid discrimination on the grounds of national origin, all programs or activities administered by Iredell County will take reasonable steps to ensure that persons with Limited English Proficiency (LEP) have meaningful access and an equal opportunity to participate in benefits and services for which such persons quality. This Policy defines the responsibilities the agency has to ensure LEP individuals can communicate effectively. DEFINITIONS: 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 eftectively with health care providers and social service agencies. 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 LHP persons of the availability of free language assistance, and other outreach materials. Title V1 Compliance Ojjicer: The person or persons responsible for administering compliance with the "title VI LEP policies. Sabstaruial 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. PROCEDURES: 1. IDENTIFYING LEP PERSONS ANDTHEIR LANGUAGE Iredell County will promptly identity the language unit communication needs of the LEP person. Staff will use a language identification card (or "I speak cards," provided by Community Assistance (CA) and LEP posters to determine the language. In addition, when records are kept of past interactions with NC CA LAP Template, May 2012 Page 1 individuals or family members, the language used to communicate with the LEP person will be included as part of the record. 2. OBTAINING A QUALIFIED INTEPRETER List the current name, off ice telephone number, office address and email address of the Title V I compliance officers: Ron Smith, (704) 878-3050 Iredell County Govemment Center 200 S. Center Street, Statesville. NC 28677 (Note: The agettcp must notify the CA Compliance Office intmetliatel), of changes in name or contact information for the Title VI compliance officer.) Check all methods that will be used: ❑ Maintaining an accurate and canent list showing the language, phone number and hours of availability of bilingual staff (provide the list): ® Contacting the appropriate bilingual stafllnember to interpret, in the event that an interpreter is needed, if an employee who speaks the needed language is available and is qualified to interpret: Z Obtaining an outside interpreter ifa bilingual staff or staff interpreter is not available or does not speak the needed language. (Identify the agency(s) name(s) with whom you have contracted or turtle arrangements) • Iredell County Department of Social Services • Mitchell Community College • South Iredell I bull School • West Iredell High School The Iredell County Department of Social Services has agreed to provide qualified interpreter services. 'file agency's telephone number is (704) 873-5631 option 0, and the hours ofavailability are 8:00 a.m. — 5:00 p.m. (M -F). Mitchell Community College and both of the local high schools (South Iredell I tigh School and West Iredell High School) also will provide interpreters as needed. ❑ Other (describe): All staff will he provided notice ofthis policy aml procedure and vtafftlun nmy have direct contact with LEP fudividuals will he trniued in effective communication techniques including the effective use of an interpreter. Some LGP persons may prefer or request to use a family member or friend as an interpreter. However, family members or friends of the LEP person will not be used as interpreters unless specifically requested by that individual and alter the LEP person has understood that an offer of an interpreter at no charge to the person has been made by the facility. Such an offer and the response will be documented in the NC CA LAP Template, May 2012 page 2 person's file. If the LEP person chooses to use a family member or friend as an interpreter, issues of competency of interpretation, confidentiality, privacy, and conflict of interest should be considered. If the family member or friend is not competent or appropriate for any of these reasons, competent interpreter services will be provided to the LEP person. Children and other residents will not be used to interpret, in order to ensure confidentiality of information and accurate communication. 3. PROVIDING WRITTEN TRANSLATIONS i. Iredell County will set benchmarks for translation of vital documents into additional languages. ii. When translation of vital documents is needed, Iredell County will submit documents for translation into frequently -encountered languages. iii. Facilities will provide translation of other written materials, if needed, as well as written notice of the availability oftranslation, free of charge, for LEP individuals. 4. PROVIDING NOTICE TO LEP PERSONS Iredell County will inform LEP persons of the availability of language assistance, free ofcharge, by providing written notice in languages LEP persons will understand. Example: 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. All interpreters, translators and other aids needed to comply with this policy shall be provided without cost to the person being served, and individuals and their families will be inforlmcd of the availability of such assistance free of charge. At a minimum, notices and signs will be posted and provided in intake areas and other points of entry, including but not limited to the main lobbies, waiting rooms, etc. Notification will also be provided through one or more of the following: outreach documents, telephone voice mail menus, local newspapers, and community-based organizations. 5. MONITORING LANGUAGE NEEDS AND IMPLEMENTATION On an ongoing basis, Iredell County will assess changes in demographics, types of services or other needs that may require reevaluation of this policy and its procedures. In addition, Iredell County wil I regularly assess the efficacy of these procedures, including but not limited to mechanisms Ivr securing interpreter services, complaints filed by LEP persons, feedback from residents and community organizations, etc. Compliance Procedures, Reporting and Monitoring A. Reporting The agency will complete an annual compliance report and send this report to CA. (Format wil I be supplied by Cl) B. Monitoring NC CA LAP Template, May 2012 Page 3 I he agency will complete a self-monitoring report on a quarterly basis, using a standardized reporting system proposed by the local government. These reports will be maintained and stored by the Title VI Compliance Officer and will be provided to the CA upon request. The agency will cooperate, when requested, with special review by the CA. H. Applicant/Recipient Complaints of Discriminatory Treatment A. Complaints 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 tiled 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 form can be found at %/, u..Nr dI, 1" I'M i M , .t , r;1 t 'Ylt'-Ml 'QW'';;/ Tui Ml 1-1 The agency will maintain records of any complaints filed, the date of filing, actions taken and resolution. The agency will notify the appropriate section within CA of complaints filed, the date of filing. actions taken and resolution. This information will be provided within 30 days of resolution. B. Resolution of Matter If the matter cannot be resolved by informal means, the individual will be informed of his or her right to appeal further to CA. This notice will be provided in the primary language of the individual with Limited English Proficiency. The CA Compliance Office will conduct an investigation of the allegations of the complaint. The investigation will afford all interested persons and their representatives, ifany, an opportunity to submit evidence relevant to the complaint. The investigation will not exceed 30 days, absent a 15 -day extension for extenuating circumstances. 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. 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. ']'his notice will be provided in the primary language ofthe individual with Limited English Proficiency. If not resolved by CA, then complaint will be forwarded to Department of Justice (00.1), Department of Housing and Urban Development (HUD) Field Office. NC CA LAP Template, May 2012 Page 4 SUBMITTED AND ADOPTED BY: Stephen D. Johnson Chairman. Board of Commissioners Signature of Chair�a��i /, Gws Date NC CA LAP Template, May 2012 Page S September 2013 1 "1 F BY BENCIRVIARK CMR Iredell County Analysis of Impediments INTRODUCTION AND EXECUTIVE SUMMARY OF ANALYSYS........................................6 Historical Overview of the Fair Housing Requirement..........................................................................5 WhoConducted......................................................................................................................................5 Participants.............................................................................................................................................6 MethodologyUsed..................................................................................................................................6 HowFunded............................................................................................................................................7 Conclusions............................................................................................................................................. 7 JURISDICTIONAL BACKGROUND DATA...........................................................................8 DemographicData..................................................................................................................................9 IncomeData.......................................................................................................................................... l I EmploymentData.................................................................................................................................1 I HousingProfile.....................................................................................................................................12 Maps.....................................................................................................................................................13 EVALUATION OF JURISDICTION'S CURRENT FAIR HOUSING LEGAL STATUS ......... 14 Fair housing complaints or compliance reviews where the Secretary has issued a charge of or made a finding of discrimination..........................................................................................................14 Fair housing discrimination suit filed by the Department of Justice or private Plaintiffs .................... 15 Reasons for any trends or patterns........................................................................................................15 IDENTIFICATION OF IMPEDIMENTS TO FAIR HOUSING CHOICE.................................18 PublicSector.........................................................................................................................................16 Private Sector Lending Policies and Practices......................................................................................18 Publicand Private Sector......................................................................................................................19 ASSESSMENT OF CURRENT PUBLIC AND PRIVATE FAIR HOUSING PROGRAMS AND ACTIVITIES IN THE JURISDICTION..........................................................................20 FAIR HOUSING PLAN TO COVER b YEARS ..........ERRORI BOOKMARK NOT DEFINED. CONCLUSIONS AND RECOMMENDATIONS....................................................................29 SIGNATUREPAGE.............................................................................................................22 4 Iredell County Analysis of Impediments 1 t a Historical Overview of the Fair Housing Requirement The Department of Housing and Urban Development (HUD) is committed to eliminating racial and ethnic segregation, illegal physical and other barriers to persons with disabilities, and other discriminatory practices in housing. The provisions to further fair housing emanate from the mandate of Section 808(eXS) of the Fav Housing Act which requires the Secretary of HUD to administer the Department's housing and urban development programs in a manner to affirmatively further fair housing. The extent of the AFFH obligation has never been defined statutorily. However, HUD defines it as requiring a grantee to: 1. Conduct an analysis to identify impediments to fair housing choice within the jurisdiction 2. Take appropriate actions to overcome the effects of any impediments identified through the analysis 3. Maintain records reflecting the analysis and actions in this regard. HUD interprets those broad objectives to mean: • Analyze and eliminate housing discrimination in the jurisdiction • Promote fair housing choice for all persons • Provide opportunities for inclusive patterns of housing occupancy regardless of race, color, religion, sex, familial status, disability or national origin • Promote housing that is structurally accessible to, and usable by, all persons, particularly person with disabilities. • Foster compliance with the nondiscrimination provisions of the Fair Housing Act. HUD and the NC Department of Commerce require grantees that accept HUD program funds to certify that they will affirmatively further fair housing as part of the grant obligations. An analysis of impediments to fair housing must be conducted by the grantee, along with taking appropriate actions to overcome those impediments, and maintenance of the records preceding analysis and actions. Who Conducted The federal regulations require that an Analysis to Impediments to Fair Housing Choice Study be conducted. The Analysis to Impediments to Fair Housing Choice Study identifies impediments to fair housing choice and establishes goals to address those various identified impediments. The Analysis to Impediments, also known as an Al was developed as a part of the development of the 2011-2015 Consolidated Plan. The Consolidated Plan partners manage and administer four funding sources for which HUD requires this plan. The North Carolina Department of Commerce, Division of Community Assistance manages the Community Development Block Grants (-CDBO). The North Carolina Housing Finance Agency (-NCHFA) manages the HOME program. The Housing Opportunities for Person with Aids (-HOPWA) manage HOPWA funds. The Emergency Shelter Grant (-ESG) manages Emergency Shelter Funds. Both HOPWA and ESG are managed by the North Carolina Department of Health and Human Services. Participants The estimates of housing need in the Consolidated Plan are based on data from the 2007 American Community Survey, from the U.S. Census Bureau. This was the most recent data available for the State of North Carolina at the time the Housing Market Analysis and Needs Assessment were drafted. North Carolina has been undergoing significant demographic shifts and in light of the current housing market conditions, because of this the State did not believe the needs identified in the CHAS data book in 2000 adequately reflected the nature and extent of North Carolina's general housing needs for 2011-2015, the five year period of this Consolidated Plan. The Housing and Homeless Needs Assessment also includes data on homeless and other special needs populations. NCHFA collaborated with other agencies because of their expertise in these areas, specifically with the Department of Health and Human Services (DHHS), the Office of Economic Opportunity (0130), and the North Carolina Council to End Homelessness (NCCEH). Text and data explaining the needs of persons with HIV/AIDS and their families was provided by the AIDS Care Unit in the Division of Public Health and NCCEH. As a continued effort to gain public input on the development of the Analysis to Impediments to Fair Housing Choice, a statewide survey was distributed from June 2010 -July 30, 2010. A total of 848 responses were received. All information pertaining to public notice for the Analysis to Impediments to Fair Housing Choice was distributed in both English and Spanish languages to ensure access to persons with limited English proficiency. No additional requests were made for information to be provided in other languages. Public Input Sessions for both the Analysis to Impediments to Fair Housing Choice and the Consolidated Plan were also held across the state of North Carolina. Methodoloev Used The 2010 North Carolina Analysis of Impediments to Fair Housing Choice offers a thorough examination of a variety of sources related to housing, such as demographic change, economic influences, and the state of the housing market, but also information pertaining to affirmatively furthering fair housing, the state of the fair housing delivery system and housing transactions affecting people throughout North Carolina This information was collected and evaluated through four general approaches. The four methodological research activities utilized in creating this Al were: I. Primary Research —the collection and analysis of raw data that did not previously exist. 2. Secondary Research— the review of existing data and studies. 3. Quantitative Analysis — the evaluation of objective, measurable and numerical data 4. Qualitative Analysis — the evaluation and assessment of subjective data, such as people's beliefs, feelings, attitudes, opinions and experiences. Some of the baseline secondary and quantitative data providing a picture of the State's housing marketplace were drawn from the 2000 census and estimates. These data included population, personal income, poverty estimates, housing units by tenure, cost burdens and housing conditions. Other data were drawn from records provided by the Bureau of Economic Analysis, the Bureau of Labor Statistics and a variety of other sources. 0 How Funded Funding for the Analysis of Impediments study was incurred and derived from staff time and equipment of Benchmark CMR, Inc. Conclusions The 2010 Analysis of Impediments for the state of North Carolina uncovered several issues than can be considered barriers to affirmatively furthering fair housing and, consequently, impediments to fair housing choice. These issues are as follows: 1. Imiloldent system capachy. A lack of sufficient resources and personnel in fair housing- related organizations has resulted in inadequate outreach and education efforts as well as insufficient testing and enforcement activities. Ultimately, these shortcomings have led to insufficient awareness and understanding of fair housing in the general public and housing providers as well as inadequate understanding of the complaint process. 2. Discrimination in the rental markets Housing complaint data and survey research revealed a problem of discriminatory actions by housing providers in the rental markets. Two main groups were cited: racial and ethnic minorities and persons with disabilities including failure to make reasonable accommodation. 3. Constraints In the lending markets Disproportionately high home purchase loan denial rates were found for racial and ethnic minorities, even after adjusting for income. These high loan denial rates were especially common in lower-income areas. Furthermore, householders receiving loan with high annual percentage rate terms were disproportionately from minority racial and ethnic groups. 4. Possible barriers in la rd -ase policies or practices Current zoning and development practices may not be in the spirit of affirmatively furthering fair housing. Addressing the Indentified Impediments In response to these listed impediments, over the nett five years, the Consolidated Plan partners will address the identified impediments through in the state of North Carolina should consider taking by the following actions: 1. Increase system capacity The fair housing system capacity in the state can be enhanced through: A. Engaging the Saran Relations Commission (IMP. The state should more closely and consistently partner with the HRC to increase education efforts and training activities. L Education efforts can include preparation and distribution of pamphlets and flyers or other advertisements that clearly explain the importance of fair housing, types of housing discrimination and how to file a complaint. ii. Training activities can include the same topics and be held to further fair housing education of departmental sta$ community grantees, and others, as necessary including both providers and consumers of housing. B. Demdeping a Fair Housing In&iruiwas Program (FHIP) recoient The creation of a FHIP recipient would reduce the burden on the HRC and expand the system capacity. L The FHIP recipient would be charged with implementing additional outreach and education activities. 7 ii. The FHIP recipient would also cribs= the fiequency of testing and enforcement activities in the state. C. Forming a Fair Housing Task Force OWTP) An FHTF would be comprised of fair housing agency representatives from throughout the slate and would work to coordinate statewide fair housing activities and efforts. i. The group could meet on at least a quarterly basis. ii. The FHTF would incorporate existing task forces that are related to fair housing. iii. This group would aid in prioritizing fair housing activities as well as encourage participation of state and local agencies in statewide fair housing planning. 2. Reduce AcnUrdnation in the rental market. In order decrease discrimination against protected classes in the rental market, targeted outreach and education efforts as well as testing and enforcement activities should be utilized A. Outreach and education efforts could include training or educational seminars for rental housing providers and housing consumers and focus on topics such as protected classes and types of discriminatory actions. B. Testing and enforcement could also be used to monitor the occurrence of discriminatory activities in general or to target providers that have been reported to practice discriminatory activities. 3. Decrease constraints in the lending markets. To reduce constraints and the perception of discrimination in the lending market, efforts should be focused on both lenders and applicants for loans for housing. A. For lenders, activities envisioned in this action pertain to targeted training sessions to prevent uneven terms in the making of home loans as well as possible testing activities. B. Consumers of housing could be targeted with outreach and education efforts that describe the attributed of good credit, how to establish and maintain good credit, what constitutes fair tending and how to identify predatory loans. 4. Examine land ase policies and practiew. This action is to include enhanced discussion with individuals and entities that reach out to the Consolidated Plan subgramees about best practices in land use planning, making people more aware of North Carolina's new land use laws and suggesting advocacy for reducing NIMBYism. Jurisdictional Background Data Demoeraphic Data 2010 Population by Sex Source: 2010 US Census Female w Male 2000 Population by Age 80 to 84 years 70 to 74 years 60 to 64 years 50 to 54 years - 40 to 44 years - - - 30 to 34 years 20 to 24 years 10 to 14 years - -- -- - Under 5 years - 0 2000 4000 6000 8000 10000 12000 14000 Under 5 years 9,975 6.26% 5 to 9 years 11,367 7.13% 10 to 14 years 11,950 7.50% 15 to 19 years 11,361 7.13% 20 to 24 years 8,356 5.24% 25 to 29 years 8,934 5.60% 30 to 34 years 9,224 5.79% 35 to 39 years 11,470 7.19% 40 to 44 years 12,396 7.77% 45 to 49 years 13,260 8.32% 50 to 54 years 11,827 7.42% 55 to 59 years 9,879 6.20% 9 60 to 64 years 8,993 5.64% 65 to 69 years 6,874 4.31% 70 to 74 years 5,026 3.15% 75 to 79 years 3,717 2.33% 80 to 84 years 2,729 1.71% 85 years and over 2,099 1.32% 159,437 100.00% Source: 2010 US Census 0% 2010 Population by Race ,.,, 0% __. _2% M White Black American Indian and Alaska Native Asian Native Hawaiian and Other Pacific Islander Some Other Race Two or More Races Source: 2010 US Census 128,646 19,047 547 2,922 43 5,348 2,884 159,437 10 White n Black American Indian and Alaska Native Asian Native Hawaiian and Other Pacific Islander Some Other Race 80.69% 11.95% 0.34% 1.83% 0.03% 3.35% 1.81% 100.00% Income Data 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 000 ppp ppb �,Cj pip ys' ps' p00 ppp os2 c ,y0 o .yb O,Lb o o -CP �1N 0 ° Ooi. ��a Op0` pop` �0� O0p` Opp` p00` '0 pp'0 000 �yy X10' h15' htih' h3h' Shp' huh' pp� hp� hti0 r�1 51 Source: 2011 American Community Survev I -Year Estimates Employment Data The major employers in Iredell County are Iredell Memorial Hospital, Lowe's Regional Distribution Center, Piedmont healthcare, JCP Logistics Distribution Center, Davis Regional Medical Center, Kewaunee Scientific, Doosan Inrracore-Portable Power, Engineered Sintered Components. Manheirn Statesville, Wal-Mart, Asmo orNC, Inc, and Pratt Industries. Public Administration Employers by Industry Agriculture, 3% Forestry, Constructiorpishing, 8% Mining 2% Manufacturing 19% Services pr 1 qp% a ,rTransportation, Utilities Retail - 5% Trade `Information 12% 1% Fire Wholesale 5% Trade Industry Employers Percentage of Employees Agriculture, Forestry, Fishing, Mining 1,054 1.50`io Construction 5.971 8.50% Manufacturing 13.278 18.90% Transportation, Utilities 3,583 5.10% Information 913 1.30% Wholesale Trade 3,302 4.70% Retail Trade 8,430 12.00% Fire 3,723 5.30% Services 27,890 37.90% Public Administration 2,108 3.00% Source: HSR12009 Mousing Profile 2000 Housing Tenure Source: 2000 LIS Census Owner - occupied 73% 12 mm Statesville q Aim moors Sey4n 13 Evaluation of Jurisdiction's Current Fair Housing Legal Status HUD maintains records of all complaints filed that represent violations of federal housing law. Over the 2004 through 2009 time period, HUD reported a total of 804 fair housing complaints from within the state of North Carolina with a high of 208 in 2004 and a low of 21 in 2007. The majority of these complaints, 582, were filed in entitlement areas in the state, while 222 were filed in the non -entitlement areas. Details regarding complaints filed in entitlement or non - entitlement areas are presented in Appendix D of this report. Table V.1 presents the complaint data broken down by basis or the protected class status of the person alleged to have been aggrieved in the complaint. Complainants may cite more than one basis; hence the number of bases cited can exceed the total number of complaints. The majority of the fair housing complaints filed with HUD in North Carolina were filed on the basis of race, with 363 of the 1,021 bases cited An additional 267 complaints were filed on the basis of disability, 131 were filed on the basis of national origin, and 100 were filed on the basis of family status. The issue, or alleged discriminatory action, that was related to each complaint is presented in the following table; similar to the way bases are reported, more than one issue may be counted per each complaint. In this case, 1,028 issues were cited with discrimination in tenors, conditions or privileges in rental transactions cited 315 times. Discriminatory terms, conditions, privilege or services and facilities was cited 145 times and failure to make reasonable accommodation was cited 102 times. The most commonly cited issues related to rental transactions, which suggests that discriminatory acts leading to the filing of fair housing complaints are more commonly associated with the rental market. Housing complaints filed with HUD can also be examined by closure status. Of the 804 total complaints, 349 were determined to be without cause. However, 200 complaints were settled successfully, another 55 were withdrawn by the complainant after resolution was reached, and one was resolved through FHAP judicial consent order, but this represents a fairly low rate of success for the complaint system in the state. These data are presented below in the following table. The 256 housing complaints that were successfully settled were further examined The table below shows that successfully resolved fair housing complaints in North Carolina most commonly related to disability, followed by race, national origin and family status. Some housing complaint data regarding number of complaints, basis and closure were also received from the North Carolina Human Relations Commission (HRC). These data were relevant to 2007 through July 2010, and, as shown in the following table, a total of 269 complaints were filed during this time period More than 100 complaints were filed in 2008 while only one complaint was filed in 2007. Eleven of these total complaints were missing detailed information regarding year filed, basis or closure status. 14 Fair housing discrimination suit filed by the Department of Justice or miyate Plaintiffs No know cases filled within the County by the Department of Justice or private Plaintiffs. Reasons for any trends or pattems Fair housing complaint data was collected from HUD and the North Carolina Human Relations Commission. Data from these sources showed that more than 800 complaints were filed in North Carolina from 2004 through 2009. The most common bases for complaints were race and disability and the most prevalent issue was discriminatory terms and conditions in the rental market. A fair housing survey regarding the state of fair housing throughout North Carolina showed that many respondents have concerns about fair housing in their communities and that they see barriers to affirmatively furthering fair housing, including discrimination in the rental markets, lack of enforcement of fair housing laws, and zoning and land use restrictions. Some respondents also found fair housing laws difficult to understand and noted that additional outreach and education efforts regarding fair housing are needed in their communities. 15 Identification of Impediments to Fair Housing Choice Public Sector Zoning and Site Selection Exclusionary zoning is sometimes associated with discrimination in housing, while inclusionary zoning is looked upon as a weapon to force affordable housing on communities. Neither form of zoning is intended to be either discriminatory or coercive. Recognizing that local zoning ordinances have broad extraterritorial impact, some courts and policy makers sometimes determine that each community must provide its share of a region's affordable housing needs. This fair -share principle is often articulated as inclusionary zoning. It is, in effect, the converse of exclusionary zoning. Inclusionary zoning and its correlative, inclusionary housing are terms used to describe a wide variety of techniques local governments use to link the construction of low- and moderate - income affordable housing to the construction of housing for the marketplace. Under an inclusionary zoning program, affordable housing is constructed and integrated into more expensive housing developments, thereby becoming an integral part of the overall residential development of a community. Simply put, inclusionary zoning encourages or requires developers, as a condition of permit approval, to include some portion of affordable housing in new market -nate housing developments. The principal objectives of inclusionary zoning are to increase the supply of affordable housing in a community and to do so in a manner that fosters greater economic and racial integration. There are three types of inclusionary zoning programs: L Mandatory ii. Conditional iii. Voluntary Neighborhood Revitalization, County and Other Services, Employment -Housing -Transportation Linkage hedell County Area Transportation System (ICATS) is a Community Transportation Program that serves both human service consumers as well as the general public. The service office hours are 8:00 am. and 5:00 p.m, Monday through Friday. Services are provided through deviated fixed routes, subscription routes, and demand response service trips. ICATS is a paratransit service; a ridesharing public transportation system that enables routes and schedules to be structured to transport multiple passengers to multiple destinations. Service is provided curb -to - curb unless door-to-door service is requested for special populations. Types of service provided: Medical, personal, and employment trips are available. The Charlotte Area Transit System (CATS) provides the opportunity for vanpools These are flexible, comfortable, cost-effective way for groups of 5 to 15 commuters to share their ride to work. A Vanpool consists of a group of people who live and work near each other and share similar commuting schedules. Each service tailors its schedule around the group's needs, with all members deciding on the pick-up and drop-off locations and times. CATS Vanpool program provides modem vans, gas cards, insurance and maintenance. 16 PHA and Other Assisted/Insured Housing Provider Tenant Selection Procedures; Housing Choices for Certificate and Voucher Holders Presently, there are twenty (20) housing choices within the Iredell County of permanent subsidized housing. There are also five (5) housing choices of affordable rental developments that allow subsidized agreements. There are also four (4) HUS approved housing counseling agencies within the County. Property Tax Policies Iredell County does provide for a few tax exclusions and a deferral for qualified homeowners. They are: 1. Elderly or Disabled Homestead Exclusion: This exclusion is for homeowners aged 65 or older or those that are totally and permanently disabled. 2. Disabled Veterans Homestead Exclusion: This exclusion is for Honorably Discharged Veterans that are 100% totally disabled from a service -connected disability or that received benefits for specially adapted housing under 38U.S.C. Sec. 2101. There is no income test for this exclusion. 3. Circuit Breaker Homestead Tax Deferment Program: This program limits the amount of taxes one must pay annually on their permanent residence to a fixed percentage of their income. The amount of taxes above that percentage is deferred and does not have to be repaid until such time that a disqualifying event occurs. Examples of disqualifying events would be death, transfer of the property, or the property is no longer the taxpayer's permanent residence. Upon a disqualifying event, the last three years of deferred taxes plus interest become due and payable. To qualify, the income of the homeowner and spouse must not exceed $42,150. Planning and Zoning Boards The Iredell County Planning Board is an advisory board to the Board of Commissioner. The Board is composed of nine members appointed by Board of Commissioners for terms of four years. The Planning Board is responsible for the following: A. Make studies and recommend to the Board of Commissioners plans, goals and objectives relating to the growth, development and redevelopment of the County; B. Develop and recommend to the Board of Commissioners policies, Ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner, C. Make recommendations to the Board of Commissioners concerning proposed Zoning Map and Land Development Code text changes; enlargement of nonconforming uses; vested rights requests; and, D. Perform any other duties assigned by the Board of Commissioners. Building Codes (Accessibility) Iredell County Code Enforcement uses the 2009 North Carolina Residential Code as adopted by the North Carolina Building Code Council on March 11, 2008. Chapter l I of this Code details the regulations for accessibility. 17 Private Sector Lending Policies and Practices Under the Home Mortgage Disclosure Act (HMDA) financial institutions are required to disclose the race, sex, ethnicity, household income of mortgage applicants, and the outcome of the loan application. After the owner occupied home purchase loan application is submitted, the financing institution makes one of several decisions: • Originated indicates that the loan was made by the lending institution. • Approved but not accepted notes loans approved by the lender, but not accepted by the applicant. • Application denied by financial institution defines a situation where the loan application failed. • Application withdrawn by applicant means that the applicant closed the application process. • File closed for incompleteness means that the loan application process was closed by the institution due to incomplete information. • Loan purchased by the institution indicates that the previously originated loan was purchased on the secondary market. Part of the HMDA data includes information about the reason for the loan denial. The most frequently cited categories of denials were credit history and debt -to -income ratio. These data do not offer proof of discrimination in the home purchase market, only that there is institutional inequity in these denial rates. These problems could be diminished through enhancing programs for consumers to better understand credit and the importance of establishing good credit. In addition to modifications implemented in 2004 for documenting loan applicants' race and ethnicity, the HMDA reporting requirements were changed in response to the Predatory Lending Consumer Protection Act of 2002, as well as the Home Owner Equity Protection Act (HOEPA). Consequently, loan originations are now flagged in the data system for three additional attributes: 1. If they are HOEPA loans; 2. Lien status, such as whether secured by a first lien, a subordinate lien, not secured by a lien, or not applicable (purchased loans); and 3. Presence of high annual percentage rate loans (HALs), defined as more than three percentage points for home purchases when contrasted with comparable treasury instruments or five percentage points for refinance loans. Evaluated home purchase loan applications from 2004 through 2008 showed that in the State of North Carolina there were 752,088 loan originations and 156,881 loan denials, for an average five-year loan denial rate of 17.3 percent. The data also showed that American Indian, black and Hispanic applicants experienced significantly higher rates of loan denials than white applicants, even after correcting for income. Further, some geographic areas of the state had significantly higher denial rates that exceeded 80.0 percent, including areas with high concentrations of minority populations. Analysis of high interest rate loans showed that minority populations also received a disproportionate share of these lower quality loan products. 18 Public and Private Sector Fair Housing Enforcement Any person who feels their housing rights have been violated may submit a complaint to HUD via phone, mail or the Intemet. A complaint can be submitted to the national HUD office in Washington, DC or at the regional HUD office in Atlanta When a complaint is submitted, intake specialists review the information and contact the complainant in order to gather additional details and to determine if the case qualifies as possible housing discrimination. Complaints that are specific to a state or locality that is part of HUD's Fair Housing Assistance Program are referred to the appropriate parties, who have 30 days to address the complaint. If HUD is handling the case, the formal complaint is sent to the complainant for review and is then forwarded to the alleged violator for review and response. Next, the circumstances of the complaint are investigated through conducting interviews and examining relevant documents. During this time, the investigator attempts to rectify the situation through mediation, if possible. The case is closed if mediation of the two parties is achieved or if the investigator determines that there was no reasonable cause of discrimination. If reasonable cause is found, then either a federal judge or a HUD Administrative Law Judge hears the case and determines damages, if any. A respondent may be ordered: • To compensate for actual damages, including humiliation, pain and suffering. • To provide injunctive or other equitable relief, for example, to make the housing available. • To pay the Federal Government a civil penalty to vindicate the public interest. • To pay reasonable attorney's fees and costs. Within the Iredell County the County Manager or his designate, is the official authorized by the County to: • Receive and document complaints regarding housing discrimination in the County • Refer such complaints to the North Carolina Human Relations Commission for investigation, conciliation and resolution. In addition to general fair housing discrimination complaints, HUD accepts specific complaints that violate Section 504 of the Rehabilitation Act of 1973, which prohibits programs or organizations that receive federal funds from discriminating against persons with disabilities. Citizens in Iredell County may file Section 504 grievances. The County will respond in writing to written citizen grievances. The County will respond to all written citizen grievances within ten (10) calendar days of receipt of the comments. In North Carolina, the North Carolina Human Relations Commission (HRC) accepts fair housing complaints as they are related to fair housing violations in regard to the federal Fair Housing Act or the North Carolina Human Rights Act. This agency accepts complaints that are alleged to occur in areas that are not covered by existing FHAP agencies. Informational Programs The North Carolina Human Relations Commission (HRC) works as a clearinghouse of fair housing information and resources for citizens of North Carolina. 19 Visitability in Housing According to HUD, housing that is "visitable" has a very basic level of accessibility that enables people with disabilities to visit friends, relatives, and neighbors in their homes within any community. Visitability can be achieved for little cost, with the use of two simple design standards: • Provide a 32" clear opening in all bathroom and interior doorways • Provide at least one accessible means of egress/ingress for each unit. Visitability design incorporates the following in all construction or alterations, in addition to the applicable requirements of Section 504 and the Fair Housing Act, whenever practical and possible for as many units as possible within a development: Visitability also expands the availability of housing options for individuals who may not require full accessibility. It will assist project owners in making reasonable accommodations and reduce, in some cases, the need for structural modifications or transfers when individuals become disabled in place. Visitability will also improve the marketability of units. Assessment of Current Public and Private Fair Housing Programs and Activities in the Jurisdiction The County currently implements a two year fair housing plan the thrust of which is public education. Mus consists of published public notices regarding fair housing, posting fair housing posters on County properties, development and distribution of fair housing brochures etc. A fair housing activity is undertaken each quarter. In regard to private fair housing activities local banters and realtors have periodic training on fair housing laws. Five (S) Year Strategy of Quarterly Activities to Implement Analysis of Impediments Study • A 30 month Fair Housing Plan will be prepared in the 1' Quarter. • A Complahnt Procedure will be adopted in the 2"' Quarter. • The County will request Fair Housing posters and pamphlets from the North Carolina Human Relations Commission (NCHRC) in 3rd quarter. • The County will post Fair Housing Posters in both English and Spanish at an appropriate location at the Iredell County Government Center, to be visible to the public, in 4th quarter. • The County will advertise both the Fair Housing Resolution and Complaint Procedure in 5th quarter. This notice will include the State's TDD number. • The County will maintain a current list of local realtors who are available to assist in locating housing for anyone needing assistance, in 6th quarter. 20 • The County will prepare Fair Housing Pamphlets and distribute them to appropriate lending institutions throughout the County in P quarter. • The County will distribute Fair Housing Pamphlets to realtor organizations throughout the County, in 8th quarter. • The County will again advertise the Fair Housing Resolution and the Complaint Procedure in 9th quarter. • The County will post Fair Housing Posters at other County maintained buildings visited by its citizens in 10" quarter. • A second 30 month Fair Housing Plan will be prepared in the I' Quarter. • A Complaint Procedure will be readopted in the le quarter. • The County will request Fair Housing posters and pamphlets from the North Carolina Human Relations Commission (NCHRC) in 1P quarter. • The County will post Fair Housing Posters in both English and Spanish at an appropriate location at County Buildings, to be visible to the public, in 15th quarter. • The County will advertise both the Fair Housing Resolution and Complaint Procedure in 169i quarter. This notice will include the State's TDD number. • The County will update its list of local realtors who are available to assist in locating housing for anyone needing assistance in 1'7t6 quarter. • The County will prepare Fair Housing Pamphlets and distribute them to an updated list lending institutions throughout the County in I e quarter. • The County will distribute Fair Housing Pamphlets to citizen organizatums; throughout the County in the 199i quarter. • The County will prepare a new Analysis to impediments Plan in the 209i quarter. Conclusions and Recommendations It is recommended that Iredell County continue the following activities to affirmatively further fair housing choice: A. Iredell County should continue its periodic advertisement, in a newspaper of general distribution, of a notice advising County residents of the County's commitment and who to contact should a complaint need to be investigated. 21 B. The County should continue to disburse a Fair Housing Pamphlet which summarizes Title VIII requirements. "These should be distributed annually to various agencies in the community involved in housing services. C. The County should continue to post fair housing information in its Government Center and other County offices as a further effort to inform residents and housing providers of fair housing laws. D. The County should continue to be a receiving agency for fair housing complaints within its jurisdiction in conformance with the Pair housing Resolution adopted by the lredell County Board of Commissioners. E. The County should periodically review programs and policies relating to fair housing of the major institutions in the County involved in fair housing choice issues. Signature ate Chief hlected Offteini