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HomeMy WebLinkAboutApril 1 2014 Regular MinutesApril 1, 2014 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES April 1, 2014 The Iredell County Board of Commissioners met on Tuesday, April 1, 2014, 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 Renee Griffith David Boone Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Dirks, Emergency Coordinator David Saleeby, Fire Marshal Garland Cloer, Planning Director Matthew Todd, Planner Andrew Ventresca, Health Director Jane Murray, Animal Services Director Brad Gates, Human Resources Director Sandra Gregory, Finance Director Susan Robertson and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Steve Johnson INVOCATION by Chairman Steve Johnson PLEDGE OF ALLEGIANCE led by Chairman Steve Johnson ADJUSTMENTS OF THE AGENDA: Chairman Steve Johnson had adjustments to the agenda. He had asked Mike Smith from Statesville Regional Development and Lisa Valdez to speak as an Appointment Before the Board. Chairman Johnson stated the Board of Commissioners asked for a few revisions to HB 439 prepared by Lisa Valdez. He also stated he was very impressed with her work in preparing the letter and changes to the bill. Chairman Johnson opened the floor for questions to Ms. Valdez. Johnson said the changes were to reduce the amount of acres in a parcel that would be covered under this bill from 100 acres to 50 acres. Lisa Valdez said the other change is to define zoning as part of the improvements, not just physical improvements to the land. Commissioner Renee Griffith asked the date of the meeting with legislators. Chairman Johnson said it will be Thursday (April 3). MOTION by Chairman Johnson to approve the recommended changes as amended/resubmitted by Lisa Valdez, send a letter to the legislative delegation, send a letter to each municipality in the county to support this legislation, and send a copy with Mike Smith when he meets with the legislators. VOTING: Ayes — 5; Nays — 0 [119Ell 1011doIDI►`YKY:]2OC11aIIIIa:717_\77 Mike Smith, Statesville Regional Development, addressed the Board and stated he is pleased to represent the Board when he meets with Rep. Rena Turner on Thursday. Smith said he would like to talk about the North Carolina Tier System which began in 1996 and is a system to equitably distribute the WS Lee Tax Program. The program actually ended in January 2014. However, that particular program, in regards to dividing North Carolina, remains in effect. He said economic circumstances have changed significantly since the initial inception and the last update was in 2006. The tier system criteria, which determines the level of assistance the state of North Carolina can provide to new and expanding industries, needs to be reviewed. The rankings are 1 April 1, 2014 based on an assessment of the county's unemployment rate, median household income, population growth and assessed property value per capita. There is also a small county provision which requires certain counties to be ranked more favorable among the 40-40-20 split. However, the assessed property value per capita can be misleading. A number of counties are segmented, split demographically or have property values artificially inflated by resort properties which have little value in terms of jobs and investment. Some examples include Carteret County with beach houses, Iredell County with homes on Lake Norman, and Moore County as the home of Pinehurst. Smith said the Governor's economic development report has an example of how to be more competitive. The report suggested is to formally evaluate and consider legislation to change or dissolve the current county tier system to maximize the return on investment. The tier status should not disadvantage any county who is competing solely with an out-of-state location. Possible options should include analysis of aligning the state's tier designation with the existing HUD entitlement designations. The benefits are a streamlined, simplified approach based on several factors such as: a long established federal HUD defined designation of rural and urban that has been in effect for many years; and quickly determining yearly unemployment rate calculations. Commissioner Renee Griffith stated counties should compete based on the merit of the county and what it has to offer. She doesn't think there should be any advantages or disadvantages shown to an area because of the nature of the county. She asked Smith to relay to the legislators the tier system has no business in North Carolina. Chairman Steve Johnson said he had spoken to the Governor and it is very unlikely the tier system will be abolished. He asked if the system could be handled by zip code. Smith said zip codes have been discussed along with census tracks. He said part of the feedback is Raleigh does not want additional administrative issues. However, one potential resolution would be to put the task on the office of Regional Development. This office could create a map which would be approved by the Board of Commissioners and then send to Raleigh to show an equitable and fair division. Commissioner Ken Robertson stated if regions that can attract industries and create jobs are penalized for their success but regions that don't have success are reinforced then it is a losing battle plan. Most of the areas being reinforced do not have interstate highways, no railroads, no lakes or major rivers and topographically are flat. Industries do not want to locate there. He said the state needs to level the playing field, in areas like Iredell County, if they want to create jobs. He stated leadership, not just legislators, need to be contacted to make changes in this tier system. Commissioner David Boone stated, regardless of which political party has the majority, the majority of general assembly members are from counties that benefit from the tier system. Chairman Johnson spoke of an instance when he was talking to a company showing interest in relocating in Iredell County but the state could not help because of the tier system law. Smith expressed his appreciation to the Board for the support PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Commissioner Renee Griffith presented the following proclamation to Amy Eisele, Director of SCAN. PROCLAMATION CHILD ABUSE PREVENTION MONTH IREDELL COUNTY, NORTH CAROLINA WHEREAS, children are vital to our state's future success, prosperity, and quality of life, as well as being our most vulnerable asset; and WHEREAS, safe, stable, nurturing homes and communities are needed to foster healthy growth and development for all children; and WHEREAS, child abuse and neglect is a community responsibility affecting both the current and future quality of life of communities, and 2 April 1, 2014 WHEREAS, communities that provide parents with the social support, the knowledge of parenting and child development programs, and the concrete resources needed to cope with stress and to nurture their children ensure that all children grow to their full potential; and WHEREAS, effective child abuse prevention strategies are known to succeed when there are partnerships created by citizens, human service agencies, schools, faith communities, health care providers, civic organizations, law enforcement agencies, and the business community. NOW, THEREFORE, the Iredell County Board of Commissioners hereby proclaim April as Child Abuse Prevention Month and calls upon citizens, community agencies, faith groups, medical facilities, elected leaders and businesses to increase their participation in efforts to support families, thereby preventing child abuse and strengthening the communities in which we live. PUBLIC HEARINGS Chairman Steve Johnson called the meeting into a public hearing. Public Hearing to Consider a Request (Case #1403-1) from Roy Church to Rezone 7.46 Acres at 876 Tomlin Mill Road, Olin, from RA to GB: Planning Director Matthew Todd stated the staff supports this request based on the 2030 Horizon Plan calling for this area to be Highway Interchange Commercial and Employment Center-Industrial/Flex/Office. The purposed district is consistent with previous approved rezoning in the area. The potential traffic impact should be minimal and not come close to the road capacity. No one from the public spoke for or against this rezoning. OTION by Commissioner Ken Roberts to recommend in favor of the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest due to its consistency with the 2030 Horizon Plan. VOTING: Ayes — 5; Nays — 0 IREDELL COUNTY DEVELOPMENT SERVICES ssr PLANNING DIVISION PLANNING STAFF REPORT s, REZONING CASE # 1403-1 STAFF PROJECT CONTACT: Andrew Ventresca EXPLANATION OF THE REQUEST This is a request to rezone 7.47 acres on Tomlin Mill Road in Olin from RA, Residential Agricultural to GB, General Business. This is a straight rezoning request and therefore, all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. OWNER/APPLICANT OWNER/APPLICANT: Roy Church PROPERTY INFORMATION LOCATION: 876 Tomlin Mill Road; more specifically identified as PIN 4759-23-3892.000. DIRECTIONS: 3 April 1, 2014 I - 77 north to Tomlin Mill Road; East on Tomlin Mill Road; site is on the northern side of Tomlin Mill Road. SURROUNDING LAND USE: The properties to the north and west are vacant, there are residential uses to the east and south, a LCID landfill is located to the south across Tomlin Mill Road. SIZE: The property is 7.47 acres. EXISTING LAND USE: The property has a single-family home on site and is for sale. ZONING HISTORY: This property has been zoned RA since countywide zoning. The adjacent property to the west was rezoned from RA to HB in 1988. Several properties on the other side of the interstate were rezoned to GB in 2003 and 2012. OTHER JURISDICTIONAL INFORMATION: This property is not located within another jurisdictions planning boundary. OTHER SITE CHARACTERISTICS: This property is not located in a flood hazard area or Watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count is on Tomlin Mill Road near the Lowes Distribution Center and had a 2012 count of 3,300 vehicle trips per day. The capacity for this section of Tomlin Mill Road is 11,000 vehicles per day. SCHOOLS: Because this is a commercial rezoning, there should be no implications on local schools. FIRE MARSHAL: The Fire Marshal is concerned about the size and use of the building due to concerns about water supply to site. This will be reviewed in more detail when commercial building plans are submitted for review to the Building Standards Department. EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. UTILITIES: No public sewer is available to this site and it is served by Iredell Water Corporation. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning Department for review for non-residential development of the property. Zoning requirements such as parking, landscaping and buffering would be reviewed at such time. Buffering % requirements for existing ' residential uses along the -� eastern property line will be required.��, �i' i Ha STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS 4 April 1, 2014 STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Highway Interchange Commercial and Employment Center-Industrial/Flex/Office. Highway Interchange Commercial includes existing or future commercial, retail, and services located proximate to interstate interchanges on major arterial roadways. The intent of these lands is to provide for high intensity uses related to travel. Uses within this area should generally include gas stations, hotels/motels, restaurants, and other highway related businesses. Secondary uses may include retail, office developments, and higher -density residential uses. Employment Center - Industrial/Flex/Office are intended to provide concentrated areas of high quality employment facilities, integrated with or adjacent to complementary retail and commercial uses and/or medium- or high-density residential uses. These areas will provide a mix of commercial/retail and office uses at critical nodes or activity centers along major roadways and should have direct access to existing or planned arterial and collector streets. Primary uses include corporate office headquarters, hospital/medical facilities, business parks, educational facilities, and civic uses. Secondary uses may include parks, and convenience retail and restaurants intended to serve the office/institutional developments. The proposed GB district fits into both of the designations Other information to consider is that the site is in close proximity to the Lowes Distribution Center. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be commercial. The proposed district fits into the Highway Interchange Commercial and Employment Center - Industrial/Flex/Office designations and is consistent with surrounding zoning. This site is adjacent to commercially zoned property and is consistent with past approved rezoning requests in the vicinity of the 1-77 Tomlin Mill Road Interchange. Potential traffic impacts should not come close to the road capacity. SITE REVIEW COMMITTEE: David Aman & Doug Holland visited the site with staff on February 19, 2014. PLANNING BOARD ACTION: On March 5, 2014, the Planning Board held a public meeting to hear this request. Nobody spoke in opposition of this request. The Planning Board voted 6-0 to recommend approval of this request with the following motion: Motion to recommend in favor of the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest due to its consistency with the 2030 Horizon Plan. Chairman Steve Johnson called the meeting into a public hearing. Public Hearing to Consider a Request (Case #1403-2) from Jeffrey and Debra Raper to rezone 1.91 acres, at 2813 Amity Hill Road in Statesville, from RA to HB: Planning Director Matthew Todd stated this property is located on Amity Hill Road with the rear portion backing up to 1-77 near Exit 45. It is currently zoned RA and requesting to rezone to HB which is the same basic zoning north and south of the property. The staff supports this request based on the 2030 Horizon Plan calling for this area to be Highway Interchange Commercial. The proposed rezoning is consistent with approved rezoning requests adjacent to the sight and potential traffic impacts should not come close to capacity. Commissioner David Boone asked if the applicant is the owner of the sporting goods store in the West Park Shopping Center. Todd said that is correct, it is the same owners. Several citizens spoke against the rezoning sighting concerns about safety for the children and families that are patrons of neighboring KPAC, an instructional gymnastics, pre-school and after school program facility for children and teens. Each person expressed concerns about the I, April 1, 2014 unknown, what types of businesses could use the property, and ask the Board not to rezone. The following citizens spoke: Kristie Phillips, Pastor Michael James, Analisa Malec, Xavier Zsarmani, John Baker, Becky Cerio, Todd Dillis, Kim Baker, Crystal Patterson, Horatio Bannister, Nancy Sears, Beverly Isenhour. A couple of citizens were in favor of the rezoning. They were: David Ellis and Mary Edmiston Tolbert. Debra Raper, property owner, stated she owns a sporting goods store on Highway 90, and a gravel and grading business. She is also a licensed real estate agent and they have bought/sold several investment properties over the last 30 years. The rezoning is requested because it is in the 2030 Horizon Plan. Chairman Johnson closed the public hearing. Commissioner Renee Griffith asked if the Pre -K program at KPAC falls under the NC Division of Child Development License. Bannister said it does not but they are checking on it. Commissioner David Boone commented that the opponents to the rezoning offered two arguments. One is an argument for rezoning against any business and the other is rezoning for a business that would be a fire arms retailer. He feels some of the opposition is based on tragic events that have happened over the last few years and not on logic. He said the Raper's sporting goods store has been an asset to the community and he has heard nothing negative about their business. He said he could understand the opposition if a shooting range was being planned for this property, but that is not what is being proposed. There were some outbursts from the audience and Chairman Johnson had to re -call the meeting to order. Chairman Johnson asked Todd to state the permitted use under the proposed zoning. Todd said this is a straight rezoning request to Highway Business. He said there is a very long list, 14 pages, of specific uses. Chairman Johnson asked about the category permitted by right, what is excluded. Todd said excluded uses are those that would fail under GB or one of the industrial zoning districts. Under HB, you could have automobile, art studios, bicycle related facilities, book stores, law offices, laundry mats, but liquor stores would fall under the ABC requirements and would default to the state. He said restaurants are another permitted use. Also, private clubs would be allowed but the lay of the land on this particular lot would prevent such a use. There are other standards in the code that control some of the uses. Commissioner Griffith stated she understands the concerns with the safety of children and asked the opponents to be respectful of the Board. OTION by Commissioner Boone to vote in favor amending the zoning map and make a finding that the approval is consistent with the adopted Horizon Plan and approval is reasonable and in the best interest of the 2030 Horizon Plan. VOTING: Ayes — 4; Nays — 1 (Renee Griffith voted against.) IREDELL COUNTY DEVELOPMENT SERVICES ssr PLANNING DIVISION i PLANNING STAFF REPORT REZONING CASE # 1403-2 STAFF PROJECT CONTACT: Andrew Ventresca 6 April 1, 2014 EXPLANATION OF THE REQUEST This is a request to rezone 1.91 acres on Amity Hill Road in Statesville from RA, Residential Agricultural to HB, Highway Business. This is a straight rezoning request and therefore, all uses as described in the Table of Permitted and Special Uses (Section 2.21) in the Land Development Code will be allowed. No conditions are proposed in the request. OWNER/APPLICANT OWNER/APPLICANT: Jeffrey and Debra Raper PROPERTY INFORMATION LOCATION: 2813 Amity Hill Road; more specifically identified as PIN 4742851822.000. DIRECTIONS: I - 77 south to Amity Hill Road; North on Amity Hill Road; site is on the eastern side of Amity Hill Road. SURROUNDING LAND USE: KPAC gymnastics center is located to the north, it is vacant to the south, 1-77 to the east and residential to the west. SIZE: The property is 1.91 acres. EXISTING LAND USE: There is a single-family home located on site. ZONING HISTORY: This property has been zoned RA since Countywide zoning was adopted. The adjacent property to the north was rezoned from RA to HB in 2005. The adjacent property to the south was rezoned from RA to HB in 2007. OTHER JURISDICTIONAL INFORMATION: This property is located within the City of Statesville's Short Range Urban Service Area. This property is located near the proposed Larkin Development. The City would prefer development without any outdoor storage. OTHER SITE CHARACTERISTICS: This property is not located in a flood hazard area or Watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest traffic count is on Amity Hill Road and had a 2011 count of 2,100 vehicle trips per day. The capacity for this section of Amity Hill Road is 11,000 vehicles per day. SCHOOLS: Because this is a commercial rezoning, there should be no implications on local schools. FIRE MARSHAL: The Fire Marshal is concerned about the size of the building due to the potential that adequate water may not be available on site. This will be reviewed in more detail when commercial building plans are submitted for review to the Building Standards Department. EMS: This proposal has been reviewed by the EMS Department. They have no issues with the proposal. I� s HE JRA � I ( i J R, mhElcllony Ju RUR RU I I HE k case #t4g3-xDevelopment Services +a currant 2anmg 0 plannin Division I April 1, 2014 UTILITIES: To staffs knowledge, no public water or sewer service is available to the site. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning Department for review for non-residential development of the property. Parking requirements will be reviewed at this time. No screening or buffering requirements are required as both adjacent properties are zoned for commercial uses. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time STAFF AND BOARD COMMENTS STAFF COMMENTS: The 2030 Horizon Plan calls for this area to be Highway Interchange Commercial. Highway Interchange Commercial includes existing or future commercial, retail, and services located proximate to interstate interchanges on major arterial roadways. The intent of these lands is to provide for high intensity uses related to travel. Uses within this area should generally include gas stations, hotels/motels, restaurants, and other highway related businesses. Secondary uses may include retail, office developments, and higher -density residential uses. Other information to consider is that the site is in the City of Statesville's Short Range Urban Service Area and may be annexed by the City in the future. The property is located near the proposed Larkin Development. The City would prefer a use with no outdoor storage and meets the permitted uses in the Larkin Regulations. The Planning staff can support the proposed rezoning request based on the following: The 2030 Horizon Plan calls for this area to be commercial. The proposed district fits into the Highway Interchange Commercial designation. The site is surrounded by HB zoned properties and is consistent with past approved rezoning requests in the immediate area. Potential traffic impacts should not come close to the road capacity. SITE REVIEW COMMITTEE: David Aman visited the site with staff on February 19, 2014 PLANNING BOARD ACTION: On March 5, 2014, the Planning Board held a public meeting to hear this request. Several KPAC Gymnastics members spoke in opposition of this request. The Planning Board voted 5-0 to recommend approval of this request with the following motion: Motion to recommend in favor of the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest due to its consistency with the 2030 Horizon Plan. ADMINISTRATIVE MATTERS Request from Human Resources to Approve Revisions to the Iredell County Retiree Health Insurance Policy: Human Resources Director Sandra Gregory stated, as a result of conversations at the Winter Retreat, she is requesting two revisions to the health insurance policy. The first is make hires as of July 1, 2014 ineligible for the retiree health insurance. The second is to require current and future retirees, and their dependents, to participate in the wellness requirements or be required to pay an additional cost for non-compliance. OTIO by Commissioner Ken Robertson to adopt the changes as written. VOTING: Ayes — 5; Nays — 0 Commissioner David Boone commented that these may be painful adjustments but they are necessary due to the cost of health care. 8 April 1, 2014 Request from Human Resources to Approve Revisions to Sections of the Iredell County Personnel Ordinance: Human Resources Director Sandra Gregory gave a summary of the requested revisions: • Merging of Articles — Recommending the merging of Articles II and III. ♦ Article II is the Classification Plan, Article IIT is the Pay Plan. Both articles are more comprehensive when they are together. This will change the numbering of Articles in the Ordinance. • Section 1 — Adoption ♦ States the Board of Commissioners may annually amend wage increases dependent upon fund availability. This is currently practiced. ♦ Adds that Iredell County is required to comply with the Fair Labor Standards Act (FLSA) and county policies are intended to supplement or enhance the FLSA; if the County Policy and FLSA are not in agreement, the FLSA will take precedence over the County Policy. • Section 2 — Allocation of Positions ♦ Policy currently states, "The County Manager shall allocate each position covered by the Classification Plan to its appropriate class in the Plan. Rewording of this section states the Human Resources Director shall recommend to the County Manager the allocation of each position covered by the Classification Plan to its appropriate class in the Plan and the County Manager must still approve. Change coincides with how this process is currently handled. • Section 3 — Maintenance of the Plan ♦ First paragraph — current policy states the County Manager is responsible for the administration and maintenance of the Pay Plan. Revision words the policy as, "County Manager shall be responsible for overseeing the administration and maintenance of the Pay Plan." • Section 4 — Classification Plan. ♦ Current policy states, "The County Manager shall be responsible for the administration and maintenance of the position classification plan." This is still the case, but the revision is reworded to state, "Under the direction of the County Manager, the Human Resources Director shall be responsible for the administration and maintenance of the Position Classification Plan." This is currently practiced. ♦ Current policy reads, "The County Manager is responsible for determining substantial changes in Job duties to require a reclassification of the position and direct specific changes to the classification. With the revision, the Department Head will notify the Human Resources Director of any substantial changes in job responsibilities and the Human Resources Director will consult with the County Manager for final approval of the change. This is currently practiced. ♦ Revision clarifies that there are three instances where a position may be reclassified; during the annual cycle salary study, during budget, or during the year if there are substantial changes in job duties and or a reorganization of a department. ♦ Reorganization is a new section. This section allows the County Manager to authorize the reorganization of any department even if such reorganization results in the elimination of occupied or unoccupied positions and even if such reorganization results in a change in the job category or skill level for one or more employees. The Manager must inform the Board of Commissioners 30 - days prior to any reorganization which may affect a reduction -in -force. No Department Head may reorganize a department without prior approval from the County Manager. Reorganizations involving appointments by the Board of Commissioners and elected officials will require Board approval. Section 5 — Hiring Rate/Starting Salary ♦ Revision provides for County Manager to designate a level of authority to hire above step 0. ♦ New Section — The minimum hiring rate established for the class is the normal hiring rate, except in those cases where unusual circumstances appear to warrant appointment at a higher rate. Appointment above the minimum step may be made to Step 18 on the recommendation of the Department Director 9 April 1, 2014 with the approval of the Human Resources Director, when it is deemed necessary in the best interest of the County. Above the minimum appointment will be based on such factors as the qualifications of the applicant being higher than the desirable education and training for the class, a shortage of qualified applicants available at the minimum step, the refusal of qualified applicants to accept employment at the minimum step, and equitability within the department. ♦ With the recommendation of the Human Resources Director, the Deputy County Manager has the authority to approve hiring ranges above step 18, but lower than step 38. ♦ Salaries above step 37 require County Manager approval. • Section 10 — Trainee Salaries ♦ Current policy states that the County Manager must approve a trainee status for a hire. Revision allows the Human Resources Director, under the direction of the County Manager, to approve this for a minimum of six months to a maximum of one year. An extension beyond one year must be approved by the County Manager. ♦ Added disclosure regarding trainees through the Health Department and Department of Social Services being required to follow the rules and regulations established by the State. • Section 8 — Merit Increases ♦ Section 8.8 current policy states "merit increases will be based on the performance rating only to employees who have performed above the standard for their position. Revision removes the statement that only those employees who perform above the standard for their position will receive a merit increase. This allows for a prorated increase to those who do perform standard. • Section 11 — Pay Rates for Promotion, Demotions, Transfers, and Reclassifications ♦ The following statement is added to the policy, "Increases for interim status shall not exceed the maximum step in the current pay grade. Employees pay shall be moved back to the previous salary at the end of the interim status assignment. • Section 13 — Overtime ♦ Item 8.10 currently states, "The Department Head may authorize compensatory time, hour for hour, for an exempt employee who is required to work more than 48 hours in a work week due to workload, personnel scheduling, or other extenuating circumstances. Compensatory time will be limited to an accrual of 80 hours. An employee, who leaves employment of the County for any reason, will not be entitled to a payout for unused compensatory time. Department Directors, Division Directors and Managerial employed are excluded. Revision recommends removing, "Department Directors, Division Directors and Managerial employees" from being excluded. • Section 14—Deductions ♦ Revision includes the following as acceptable payroll deductions for non- exempt employees: Current policy states that we can deduct if the employee "opts not to use accumulated vacation leave." Revision removes the statement, "If the employee opts not to use accumulated leave" because revisions to Holidays and Leave Policy does not allow for leave without pay unless no accumulated time is available. This was changed in 2011. • Section 15 — Payroll Procedure ♦ Added a statement regarding direct deposit being required and that direct deposit advices are accessible through MUNIS Employee Self Service. ♦ Pay for Part -Time Work Section — Recommend removing this section. It states, "Compensation of any employee appointed for less than forty (40) hours per week shall be computed on an hourly or percentage basis. Part-time employees who regularly work twenty (20) or more hours per week will receive the same holidays as the regular employees provided they are regularly scheduled to work on the day the holiday occurs." This policy creates confusion and makes part-time staff believe they are eligible. However, it only applies to those in a part-time benefits budgeted position. Article VI, Section 1, states, "Part-time employees that are eligible for benefits and are normally scheduled to work on the day which the holiday falls shall receive prorated holiday pay." 10 April 1, 2014 • Article III— Recruitment and Selection • Section I — Statement of Equal Employment Opportunity ♦ Due to Genetic Information Non -Discrimination Act (GINA) we are required to include "genetic information" as an equal employment non-discrimination category in the EEO statement. Basically means that we cannot discriminate based on any medical conditions that may be genetic and cannot inquire about any genetic history. ♦ Removed the statement regarding testing methods being conducted through the local Employment Security Commission. We have various testing methods used throughout the organization and the Employment Security Commission does not conduct these tests. • Section 3 — Position Vacancy Announcements ♦ Currently, this section states that the job title, grade, location of position, closing date of the announcement, summary of minimum qualifications and experience, summary of essential functions of the position, procedures for making application and a statement of EEO. These details are not of importance to the Ordinance and we may advertise differently when advertising externally. Posting all of these details could become costly to advertise. ♦ New Section: Allows for option for posting vacancies which are at the Department Head's discretion: • Departmental posting — which allows the Department Head to post within their departments only. • In -House posting — which is for county -wide employees only. • External Posting — which opens the vacancy up to the public and employees at the same time. • Section 8 — Appointments ♦ Current policy states that the County Manager must approve or reject an applicant and determine the starting salary of the employee. Change in the policy allows County Manager to designate this responsibility as deemed appropriate. ♦ Included a statement that DSS and Public Health are responsible for adhering to the State Personnel's Hiring Guidelines and the County Manager, or designee, will determine the class and salary of new employees. • Section 9 — Employees and Pre -Employment Testing ♦ New Section: Prior to employment, an applicant must have a drug test completed, a criminal background conducted, and driving record reviewed. Some positions may require educational degree verifications, finger printing, fitness for duty, credit checks, etc. Added the disclosure, "The County reserves the right to consider all results and withdraw any conditional offer of employment based on the results obtained." ♦ Includes the statement, "Any employee promoted to a position shall be subject to a criminal background check. Employees who move from a non -safety sensitive position to a safety -sensitive position shall be subject to a drug test. Employees who test positive will be subject to disciplinary action (see Substance Abuse Policy)." • Section 10 — Probationary Period of Employment ♦ Inserted the statement, "A new hire who is terminated prior to the expiration of the probationary period is not eligible to file an appeal as outlined in Iredell County's Grievance Policy." Current policy is not clear about this. ♦ Inserted the statement, "Current employees who are on probation due to a promotion will have appeal rights in accordance to Iredell County's Grievance Policy. Current policy is not clear about this. ♦ Included the statement, "A probationary period is required for all new hires and promotions. It's not necessary for a lateral transfer, reclassification, demotion, or reinstatement after a leave of absence." • Section 11 — Promotion ♦ Current policy reads, "Except in unusual circumstances, an employee will have completed the initial probationary period before being considered for a promotion." Revision clarifies County Manager approval is required. 11 April 1, 2014 ♦ Promotion closing packets to be sent to Human Resources Director rather than the County Manager and gives Manager authority to delegate a designee to approve the promotion and salary up to the standard promotional increase. ♦ Reiterates that employees promoted will have a probationary period evaluation. • Section 13 — Transfer ♦ Current policy requires anyone choosing to transfer to provide a written request and application to the Human Resources Director. Change to the policy will require the employee to apply during the time period in which the posting is advertised. • Article IV — Conditions of Employment • Section 1 — Work Period and Work Week ♦ The policy states that normal work hours are 8:00 a.m. — 5:00 p.m. Added an exception to this rule which states the set schedule does not apply to Exempt staff and departments with varied schedules. This reduces the potential risk of violating FLSA guidelines as it relates to exempt status. ♦ Item E — added the statement, "Excessive absences that are non-FMLA may be addressed through progressive discipline regardless of accrual balances at the time of the absence." This is consistent with sick time in the Holidays and Leave section of the Personnel Ordinance. ♦ Included a statement allowing departments to implement more stringent rules as it relates to tardies and/or absences based on the needs of the services provided by the Department. • Section 2 — Gifts and Flowers ♦ Added item "C" stating, "Gratuities of any type should be prohibited including, but not limited to, money and gift certificates. Meals may be accepted ONLY if there are at least one non -vendor people in attendance." • Section 3 — Political Activity Restricted ♦ Revised the Hatch Act statement to coincide with changes to the Act in December 2012. Revision states, employees may not be candidates for elected office in a partisan election if their salary is paid for entirely by federal loans or grants. Employees who are permitted to run for office are covered by the Hatch Act prohibitions if the employee works in connection with a program financed whole or in part by the federal loans or grants. ♦ Identified that any violation of the Political Activity Policy will be considered Unacceptable Personal Conduct and may subject the employee to disciplinary action. ♦ Included statement, "No employee may use the County's Purchasing System to secure goods for private or personal use." • Section 4 — Unlawful Workplace Harassment ♦ New — Included a "Purpose and Policy" section identifying the forms of prohibited harassment such as religion, age, national origin, genetic information, etc. that creates an intimidating, hostile, or offensive work environment or is intended to interfere with an individuals' work performance; or otherwise adversely affects an individual's employment opportunities because of the applicant or employee's inclusion in any legally protected category. ♦ Includes specific examples of harassing conduct that will not be permitted. ♦ Detailed a Complaint Procedure Section for employees to use in the event of workplace harassment. • Requires employee to report a complaint immediately to whomever in Management they feel most comfortable talking with. • Holds employee responsible for reporting any form of harassment • Requires any employee who may have recognized harassment or suspects harassment to another employee to report if immediately • Advises the victim to document specifics to the complaint • Advises the victim to report any potential retaliation. ♦ Developed a general "Investigation Procedure" statement and removed details of deadlines, etc. and grievance process because it is covered in the Discipline Section of the ordinance. Statement: "Iredell County takes workplace harassment procedures seriously. When any employee makes an allegation of harassment to the 12 April 1, 2014 person to whom the complaint is made, they shall prepare a report of the complaint according to the Complaint Procedure Section and submit immediately. The confidentiality and privacy of county employees' and others involved will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances. The parties involved in the complaint and appropriate management officials will be advised of the outcome of investigation." • Section 5 — Outside Employment ♦ Current policy reads that the County Manager will determine whether the outside work creates a conflict of interest. Changes in changed policy allows the County Manager to delegate this responsibility. ♦ Added a statement that employees should not use County equipment or resources for the execution of outside employment services. ♦ Included a provision that prohibits employees under FMLA, non-FMLA sick time, Worker's Compensation, or LWOP for sick or injured purposes from engaging in any outside employment during the period of the leave. Working another job while on leave may result in disciplinary action. This is parallel to the guidelines outlined in the Holidays and Leave — FMLA section of the Personnel Ordinance. • Section 6—Nepotism and Fraternization ♦ Policy currently states that employment is restricted of close relatives and people dating or otherwise involved in an intimate relationship between employees within the same department, shift, and/or unit less significant recruitment difficulties exist. Added the statement, "Exceptions to this policy requires County Manager approval." • Section 9. Equal Employment Opportunity (EEO) Statement ♦ Added an EEO Statement • Iredell County provides Equal Employment Opportunity to all employees without unlawful regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information (GINA), marital status, or any other status protected by applicable federal, state, or local laws. This EEO Policy applies to all aspects of the employment relationship including, but not limited to, recruitment, hiring, compensation, promotion, demotion, transfer, disciplinary action, layoff, recall, and termination of employment. • All employees are expected to comply with the County's EEO Policy. Any employee's failure to do so may result in disciplinary action, up to and including termination of employment. • Article VII — Separation, Disciplinary Action, and Reinstatement • Section 1 —Types of Separation ♦ Voluntary Resignation with Notice Current policy states that the last day one physically worked is the official date of separation. Revision allows for the last day of employment to be considered the last day of approved leave or last day of work, whichever is later. ♦ Current policy defines a separation as a resignation, reduction -in -force, disability, retirement, dismissal, and death. Revision includes voluntary resignations with and without notice and separation during probationary period. ♦ Voluntary Resignation Without Notice • Current policy states that failure to report for work for three consecutive scheduled workdays, is considered a resignation. Revision changes this to one (1) day of not calling in as a voluntary resignation. This change is consistent with revisions in the Personnel Ordinance — Holidays and Leave Policy that was approved by the Board of Commissioners in 2011 which is an additional article with the Ordinance. ♦ Death Separation Current policy states that all compensation due upon the death of an employee will be paid to the estate of the deceased employee. Revision limits the pay -out for accumulated vacation to be paid to the standard maximum of 240 hours. (This formalizes what is practiced.) • Reduction -In -Force Separation: 13 April 1, 2014 ♦ Current policy states that no permanent employee shall be separated while there are temporary employees serving in the same department, unless the permanent employee is not willing to transfer to the position held by the employee. The revision adds that before a reduction -in -force occurs, probationary and trainee employees will also be terminated. • New Section: Separation During Probationary Period ♦ New section to the policy clarifies that employees terminated during their probationary period have no rights of appeal within Iredell County's Personnel Ordinance — Grievance Procedure. ♦ States that DSS and Health Department employees are subject to the State's Career Status guidelines. • Section 2 — Discipline and Dismissal ♦ Unsatisfactory Job Performance Defined • Included the statement, "Unsatisfactory job performance shall be administered using a progressive disciplinary process." ♦ Unacceptable Personal Conduct/Grossly inefficient job performance • Established clarity that any level of disciplinary action may be administered with no prior warning. • Included grossly inefficient job performance to this section and included additional examples in this category ♦ Theft, violation of confidentiality, the creation of or the potential for death or serious harm to clients, employees, members of the public or to persons over whom the employee has responsibility, and the loss of or damage to County property or funds that result in a serious impact on the agency and/or the work unit. • Section 3 — Warnings ♦ Revision includes the statement, "No disciplinary action shall be invalid solely because the disciplinary action may be labeled incorrectly." ♦ Included verbiage stating that active disciplinary actions shall be used in conjunction with other active disciplinary actions. ♦ A statement has been included to confirm that disciplinary warnings will remain in the employee's personnel file. ♦ Current policy reads, "At least one written warning documenting the specific reasons for the warning must be issued to an employee prior to the employee being suspended, demoted, or dismissed for unsatisfactory job performance." The revision includes that a written warning must be administered before a final written warning. This allows for the requirement of progressive discipline to be used for unsatisfactory job performance. ♦ Added a section clarifying that any level of disciplinary action could be administered with no prior warning for unacceptable personal conduct or grossly inefficient job performance which allows for severity of discipline to be determined based on this issue. • Section 4— Maintaining Credentials ♦ New Section: Employees who fail to obtain or maintain any license, registration, or certification required by a relevant law, rule, or provision when the duties of the position require that license, registration, or certification may be considered for disciplinary action up to and including termination. The employee is responsible for obtaining and maintaining current, valid credentials required by law, rule, or regulation. Failure to do so may result in disciplinary action up to and including termination. • Section 6 — Dismissal ♦ Policy revision includes the Human Resources Director in the dismissal process. The Department Head will discuss the pre -dismissal with the HR Director prior to seeking approval from County Manager to hold pre -dismissal conference. ♦ Revision requires a copy of the written notice of the action to be provided to the Human Resources Director ♦ Revision removes the following statement, "Upon dismissal on the basis of job performance, an employee may be given up to two -weeks' notice. With the prior approval of the County Manager, a payment of up to two -weeks' salary 14 April 1, 2014 may be made in lieu of a notice. Notice of pay in lieu of two -weeks' notice shall apply only to dismissal in exceptional circumstances based onjob performance. • Section 7 — Suspensions ♦ New section states that no accumulated comp time, annual leave, or other accrued leave may be used while on disciplinary suspension without pay. ♦ Current policy reads that the County Manager must be notified of disciplinary suspensions. Revision includes the Human Resources Director to be notified of suspensions in addition to the County Manager. ♦ New Statement: Investigatory suspensions with pay must be approved by the County Manager. • Section 9 — Reinstatement ♦ Current policy reads, "An employee who resigns while in good standing or who is separated because of a reduction -in -force may be reinstated within 1 year of the date of separation." Revision separates Resignations versus Reduction -in - Force. ♦ Reduction -in -Force Employees will have reinstatement rights to the position in which they were laid off from up to a maximum of one year from the date of separation. For interest in other positions within the County, they will be required to follow the Recruitment and Selection Guidelines as outlined in the Personnel Ordinance. ♦ Resignations • Will require employee to follow the Recruitment and Selection Guidelines as outlined in the Personnel Ordinance for reemployment. ♦ Allows the Department Head to approve the reinstatement versus the County Manager. • Article VIII — Grievance and Complaint Procedures • Section 2 — Coverage ♦ Current policy speaks broadly of what may be grieved. The revision specifies what conditions may be grieved. • Written and final written warnings • Adverse actions such as suspension without pay, involuntary demotions and dismissals • Alleged safety or health hazards • Unsatisfactory physical facilities, surroundings, materials, or equipment • Unjust treatment by fellow workers • Unreasonable work quotas • Reduction in force • Discriminatory actions or workplace harassment • Any additional items approved by the County Manager ♦ Conditions that may NOT be grieved • Personnel actions which do not result in any harm to the employee, such as an assignment to another position or location where the employee does not suffer any loss of pay or adverse action • Disagreement or difference of opinion with management or other employee • Coaching sessions regarding conduct or performance • Performance evaluations • Position classification decision • Other items as determined by the County Manager • Section 3 — Policy ♦ Current policy says that all employees may file a grievance. Revision clarifies that the Grievance Procedure applies only to "regular" full-time and part-time employees and does not apply to temporary employees or employees serving the initial probationary period. • Section 4 — Procedure ♦ Step 2 in the process currently allows an employee to file the grievance with the Department Head if they are not satisfied with their Supervisor's final decision. Added revisions stating that the grievance should be filed not only with the Department Head, but also with the Human Resources Director. This 15 April 1, 2014 allows the Department Heads to ensure decision is sound before going to the County Manager and/or Personnel Advisory Committee. ♦ Revisions made to Grievance Procedures for employees at DSS and Health Department in accordance to State Personnel Policy which was amended in 2002. See Section 4.1) — Employees subject to the State Personnel Act (Department of Social Services and Health). • Requires employees in these departments to comply with the County grievance procedure with the exception of discrimination or workplace harassment in which they may choose to file through the State or County. • After the grievance procedures have been exhausted, employee may continue the appeal with the Office of Administrative Hearings (OAH). • Sets specific timeframes to file appeals for harassment. Grievances not filed timely shall be dismissed. • Department Directors have the final say in the action. The internal grievance procedure is used to provide recommendations to the Directors. • Section 5 — Procedure ♦ Current policy allows employee to file any grievance with the Personnel Advisory Committee. Revision restricts subject matter that may be grieved to the Personnel Advisory Committee. (County Manager may execute a hearing by the Personnel Advisory Committee at any time.) Items that may be appealed by the Grievant to the Personnel Advisory Committee are: • Discriminatory actions or workplace harassment. • Workplace violence • Final written warnings • Adverse actions such as suspensions without pay, involuntary demotions, and dismissals • Alleged safety or health hazards • Additional issues upon County Manager approval • Section 6 — Final Decision on the Grievance ♦ For DSS and Health Department employees who appeal to the state, a disclaimer has been included which states that any conflict between the County's Grievance Procedures and the State, that the provision of the State Personnel Act shall supersede. • Article IX — Personnel Records • Section 1 — Personnel Records Maintenance ♦ Making the following additions to the list of what is public record: • Date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification. If the disciplinary action was a dismissal, a copy of the written notice of the final decision that includes the specific acts or omissions that are the basis of the dismissal. • Date and general description of the reasons for each promotion. • The terms of any written or oral employment contract in the County's possession • Date and amount of each increase or decrease in salary. • Section 3 — Access to Personnel Records ♦ Adding a statement that any individual examining their personnel record may be provided a copy of this information and cost may be assessed to the individual. ♦ Making a revision to require employees requesting access to their personnel record and/or copies, to provide proper identification and sign a release form. This is currently practiced. ♦ Clarifying that provisions for access to records apply to former employees as they apply to present employees. ♦ Including the statement, "Documents placed in employee's personnel file will be in compliance with the NC Department of Cultural Resources Records and Disposition Schedule." • Section 4 — Confidential Information 16 April 1, 2014 ♦ Revision includes a statement that Human Resources Director, County Manager, and County Attorney may examine material in any employee's personnel file. ♦ Recommend removing the statement, "A record shall be made of each disclosure and placed in the employee's file (except disclosures to the employee or the Supervisor). • Section 5 — Remedies of Employees Objecting to Material in File ♦ Current policy reads, "An employee who objects to material in his or her file may place in the file a statement relating to the material that the employee considers inaccurate or misleading. The employee may seek the removal of such material in accordance with the Grievance Procedure." Recommend removing the statement, "The employee may seek the removal of such material in accordance with the Grievance Procedure." This statement is conflicting to the retention schedule in accordance to the North Carolina Department of Cultural Resources Records and Retention and Disposition Schedule. Chairman Johnson asked to clarify the daily schedule. He wanted to confirm the Department Head has the authority to change an employee's daily schedule if circumstances required. Gregory said yes, absolutely. Chairman Johnson asked for clarification concerning copies of their personnel records. Gregory said former or current employees may request a copy of their personnel file. However, some former employees have asked for copies of their records as many as 6 times which has become costly and time consuming. Chairman Johnson said the term excessive could be subjective and suggested to provide one copy free and then charge for all others. Gregory agreed. She asked if it should be in the policy or used as a rule of thumb. Chairman Johnson suggested to put it in the policy to remove all subjectivity. Gregory agreed. MOTION by Chairman Johnson to approve all of the administrative matters to the personnel policy as presented with the suggested amendment. VOTING: Ayes — 5; Nays — 0. Request from Animal Services for Approval of BA #30 to Appropriate the Use of $5,000 in Donated Funds for 4 -Paws Spay/Neuter Program: Animal Services Director Brad Gates stated the public donates funds with the stipulation "for the good of the animals." He said if the County wants citizens to continue to donate funds in the best interest of the County, in the best interest of the Department and in the best interest of the animals, he believes these funds need to be used. He feels one of the best ways to use this fund is to promote the spay/neuter program, which will reduce the intake of animals into the shelter. There is presently a low cost spay/neuter program where the owner must meet certain income requirements, but not all residents that struggle with finances meet these conditions. Therefore these funds could help to offer free spay/neuter services for Iredell County residents. Chairman Steve Johnson congratulated Mr. Gates for reaching out to the community and improving their understanding. OTION by Vice Chairman Marvin Norman to approve. VOTING: Ayes — 5; Nays — 0. Request from Animal Services Director for Approval of BA #31 to Appropriate the Use of $800 in Donated Funds to Purchase Rabies Vaccination for Free Clinics: Animal Services Director Brad Gates stated he would like to use some donated funds, for the good of the 17 April 1, 2014 county, to help citizens who can't afford vaccinations for their pets. He said there have been an abundance of rabies cases. One of the primary objectives of the department is to eradicate this disease. The shelter offers a monthly clinic for a one year vaccination with a reduced fee, plus offers free clinics out in the county. He would like to offer free clinics in target areas where rabies have been prevalent. The next target area will be Harmony. OTION by Commissioner Renee Griffith to approve. VOTING: Ayes — 5; Nays — 0 Request for Consideration of Possible Changes to the Board of Commissioners' Regular Meeting Schedule: County Manager Ron Smith said traditionally the Board cancels the first meeting in July which is the week of Independence Day and the first meeting in November for the general election. Commissioner Renee Griffith asked if this includes the first meeting in May. Smith said it does not. Vice Chairman Marvin Norman asked if it could be added. Smith said yes, if it is desired. However, that is the slated meeting to present the budget. Chairman Johnson said if the budget is not presented on that date it will reduce the amount of time to review and study the budget. MOTION by Chairman Johnson to adopt a schedule to eliminate the first meeting in July and the first meeting in November. VOTING: Ayes — 5; Nays — 0 Request for Approval of the April 1, 2014 Minutes: OTIO by Commissioner Renee Griffith to approve. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENTS OF VACANCIES OCCURRING ON BOARD & COMMISSIONS (None) APPOINTMENTS TO BOARDS AND COMMISSIONS Appointments to the Board of Equalization & Review — 6 appointments. Commissioner Renee Griffith nominated Hall Jolly. Vice Chairman Marvin Norman nominated Carl Lombardo. Chairman Steve Johnson nominated Mike Brotherton, Ken Prichard and Larry Galliher. Commissioner David Boone nominated Don Daniels. Chairman Johnson asked if Mr. Lombardo could be designated as the alternate. Vice Chairman Norman agreed. MOTION by Chairman Johnson to close the nominations and appoint all names mentioned by acclamation. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS (None) 18 April 1, 2014 PUBLIC COMMENT (None) NEW BUSINESS (None) COUNTY MANAGER'S REPORT County Manager Ron Smith distributed the budget schedule for the work sessions. He is proposing to begin the May 20 session at 4:00 p.m. Also, May 27 was originally set to use "as needed" and he feels that date will definitely be needed as a work session. CLOSED SESSION (None) ADJOURNMENT: MOTION by Chairman Steve Johnson to adjourn the meeting at 9:11 p.m. (NEXT MEETING: Tuesday, April 15, 2014 at 7:00 p.m. in the Iredell County Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 5; Nays — 0. Approval: 19 Clerk to the Board