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Home My WebLink About4-5-2016 MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES April 5, 2016 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, April 5, 2016 at 5:30 PM, in the Iredell County Government Center (South Wing Conference Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Marvin Norman Tommy Bowles Steve Johnson Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Jones, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Assistant to the Manager Ben Stikeleather, and Clerk to the Board Retha Gaither. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith said there were no official adjustments but wanted to clarify that three public hearings were postponed to the next meeting. Also, he introduced Candy Strezinski, new ECOM Director and Kent Greene, new Fire Services and Emergency Management Director. Chairman Mallory welcomed the new employees. APPOINTMENTS BEFORE THE BOARD Request from Iredell-Statesville Schools to Reconvene the School Facilities Task Force: Assistant Superintendent Kenny Miller said the last Facilities Task Force was in 2011- 2012 and since that time there hve been many changes and growth. Iredell-Statesville School System feels it is time to pull the task force back together to review and update a ten year plan. The ISS Board of Education is requesting the Board of Commissioners to reconvene the task force with invitations to the Mooresville Graded School System and Mitchell Community College should they be interested in participating. Commissioner Johnson suggested to give every person, on the task force, a copy of the guidelines of DPI and the State Board of Education on School Facilities. This will assist the members in understanding the logic because there is a science and logic in those guidelines. Commissioner Bowles asked how this task force would work with the Educational Task Force already convened. Chairman Mallory feels this Facilities Task Force should nest within the Educational Task Force but the details can be worked out. Miller said data is given to the Facilities Task Force and then they work through the data. In the past there has been representation from all geographical areas of the county along with a rep from MGSD and MCC. The Board of Commissioners would appoint a slate of representatives. April 5, 2016 Chairman Mallory said this task force needs information from charter, private, and home schools. He referred this to the Education Task Force to coordinate the right vehicle and personnel to examine these issues. Miller said a timeline is not urgent but wanted to dispense the information to all respective boards in order to move forward. All Board members were in agreement to move forward with reconvening the Facilities Task Force and placed it on the consent agenda. PUBLIC HEARINGS Public Hearing for the Consideration of Changes Made to the Solid Waste Ordinance: Solid Waste Director David Lambert said no one from the public had inquired about the changes. Commissioner Johnson asked to clarify Section 12-8 concerning the removal of garbage "once a week." How would it would be known if someone was in violation? Lambert referred back to the definition of garbage which means putrescible waste, including animal and vegetable matter, animal offal and carcasses and recognizable industrial be - products. This would not include recycles and retail stores with non-perishable trash. Commissioner Bowles ask to clarify section 12-7 concerning buildings and structures. Lambert said this section is addressing people who pile garbage in garages and spilling out around which can be seen by neighbors who in -turn complain. With this ordinance the Health Director would have authority where there may be a health hazard. Commissioner Bowles also asked about the timeline for clearing debris left from a burned out house. Would there be a provision if a person was unable to clear the property due to an unresolved insurance claim. Commissioner Robertson said this would be a time to let common sense prevail. Lambert said there has never been a time when they have had to enforce this rule. This is generally taken care of through Building Standards. This ordinance actually is directed to trash, insulation, bedding, etc. that is scattered through the yard after a burn -out. Smith said there have been instances with this scenario where the property owner is given consideration for circumstances, unless it is a safety hazard. ADMINISTRATIVE MATTERS Request from Facility Services for Approval to Negotiate and Execute a Contract with Edifice General Contractors/ADW Architects for Proposed Public Safety Facility: Public Safety Director David Saleeby along with the team including David Montgomery, Dean Lail, Robert Woody, Dennis Hutchens, Candy Strezinski, Scott Heath, and Mission Critical Partners has worked diligently to begin the process of choosing contractors for the proposed Public Safety Complex. The goal is still to remain with $10.8 million. The request is to approve and execute a contract with Edifice General Contractors and ADW Architects for the complex. This phase includes all standard and customary services, up to and including the design build proposal. The process was very thorough and detailed. There were RFQs from eight agencies. Consideration was April 5, 2016 2 given to the experience in building this type of complex. It was narrowed down to three with the final decision for Edifice. The team actually visited and thoroughly examined a complex previously built by Edifice. Chairman Mallory asked what role Mission Critical played in this process. Strezinski said Mission Critical has worked with several of the agencies and they joined the interviews as well. Commissioner Bowles asked if they could build bullet proof. Saleeby said yes. There is a bullet proof building in another county. Chairman Mallory reminded the team that the form needs to follow function and to build - in some flexibility. Vice Chairman Norman asked the County Manager to create a flow chart to show all departments that would be housed in the new complex. Commissioner Bowles asked about storage. Saleeby said plenty of storage is in the design. Smith asked if checkpoints, periodic updates to the Board, where included in the contract. Montgomery said there are several points that fall within the initial stage. Chairman Mallory said a grant has been requested through FEMA for radios. Local legislators were contacted for their assistance. Representative Tillis and Foxx have taken action showing their support. Commissioner Robertson asked if Statesville's decision to allow dispatch would impact this design and when would the decision have to be made. Saleeby said it would expand the building but would also bring in more 9-1-1 dollars for consolidation. The building is designed to allow for expansion. Commissioner Robertson suggested to get things right from the beginning. Smith said there have been conversations with Statesville and Mooresville. If there's a joint effort, it would qualify for additional 9-1-1 funds for construction and it would be beneficial on the service portion as well. Saleeby said Mission Critical is interviewing all potential players of this project. Chairman Mallory reminded them to take into account the needs of the Sheriff's office and the present ECOM. Commissioner Johnson said that a decision needs to be made before breaking ground if it impacts the square footage. Commissioner Robertson suggested to set a deadline date for a decision. Chairman Mallory suggested another meeting with the municipalities addressing the technical and operational issues. April 5, 2016 3 This item was placed on the consent agenda. Request from the Public Library for Approval of Budget Amendment #30 for Increased State Aid to Public Libraries: Library Director Steve Messick said this is a request for a budget amendment due to receiving more funds, from the State Library, than was originally budgeted. When the budget was prepared, the figures for the final amount from the State were not available. The budget is based on the amount from the previous year. This year the library will receive more than budgeted by $7,840.00. This money will be used to purchase lap top computers to be used for training and education for the public. This year, the Library received a grant to begin a pilot project for a job and career training program at the Troutman branch. This program would be expanded to Statesville and Harmony with these funds. This item was placed on the consent agenda. BA#30 To appropriate additional State Aid to Public Libraries for laptops 4/5/2016 Account# Current Budget Chane Amended Budget 104650 456100 State Library Grant (141,690) (7,840) (149,530) 105652 535000 Departmental Supplies 28,000 7,840 35,840 Request from the Public Library for Approval to Request E -Rate Discounts: Public Library Director Steve Messick said this request is dealing with the application for reimbursements for telecommunications services under the FCC E -Rate Program. The Library has been participating in this program for about 15 years. The FCC provides reimbursements to schools and libraries for telecommunication services but they must submit an application each year by the end of April. It will subsidize 60% of the cost of the eligible services. Actually this year the reimbursement may decrease slightly because they are phasing out reimbursements for old telephone services at 20% this year and eliminated next year. Iredell County has been reclassified from a rural to urban county which has taken the percentage from 70 down to 60. The total of eligible services is $30,912 and E -Rate will cover $14,908 which would leave county funding at $16,004. This item was placed on the consent agenda. Request from the Department of Social Services for Approval to Apply for a Community Response Program Grant: Lisa York from DSS said Social Services has the opportunity to apply for a grant called The Community Response Program. The purpose is to prevent children from being victims of child abuse and neglect. In Iredell County, about 19 out of 1000 are victims of abuse and neglect with a recidivism rate of 23.5%. The goal is to target children 0-5 years of age who have been reported and either the report has not been substantiated or found there is no need of services or the report was screened out at intake. These families will be targeted for supportive services or evidence based services in the hope these children will never be the victim of child abuse and neglect. Commissioner Robertson asked about the funding saved for a social worker and the decrease availability of adoption services. Is the department prepared for the sacrifice between the worker and adoption services? York said they are prepared. April 5, 2016 4 This item was placed on the consent agenda. Request from Parks & Recreation for Input on a Comprehensive Recreation Master Plan Addendum: Assistant Director Michelle Hepler shared information regarding proposed changes to the Comprehensive Master Plan adopted in 2008. On November 3, 2015 the Board approved the application for a PARTF grant specifically for Jennings Park for a land acquisition only and not a development. An approved Master Plan or an addendum to an existing plan is required for any project that received PARTF funding. Parks and Recreation asked for input, feedback, or comments concerning the proposed changes before finalizing the revisions. The plan is to bring the final addendum to the Board on April 19 for approval in order to meet the grant deadline on May 2. Chairman Mallory asked if this addendum was just to bring Jennings Park into context with the entire county. Hepler said yes, in part, but since 2008 Scotts Rosenwald Park, Big Leaf Slopes Park, and other improvements, etc. have been added as well. Chairman Mallory asked what triggers an update. Hepler said most resources suggest that a master plan should be updated every ten years. Parts of the plan are not outdated and will transfer to the new document. Chairman Mallory asked the expense of creating this plan. Hepler said a hired firm charged approximately $40,000 in 2008 which is why the addendum was updated in house. Chairman Mallory asked if the entire plan could be done in house. Hepler said they could try, but it is very extensive with a huge numbers of components done by architects, professional survey companies, etc. This contracted process took about five months to complete. Therefore, the workload of the current staff may be a concern for such a project. Chairman Mallory said there is plenty of talent on staff that could shape this project to specific needs. Hepler said they would take that under consideration. Chairman Mallory suggested that Parks and Rec join in with the Education Task Force to simultaneously develop schools and parks. This item was placed on the consent agenda. Request from ECOM for Approval of MOA with Wilkes County to Use Iredell County as E911 Backup: ECOM Director Candy Strezinski said this request is to enter into an agreement with Wilkes County to provide them a back-up for their 9-1-1 Center. Wilkes County has a deadline of July 1. April 5, 2016 5 Chairman Mallory said this would improve the County's access to grants due to the regional implications. Strezinski said if two or more units join together they are considered a regional back-up. This same process is in the works with Alexander and potentially Yadkin. This item was placed on the consent agenda. Request for Approval of the March 15, 2016 minutes: There were no changes or corrections. This item was placed on the consent agenda. The Board recessed at 6:35 PM until 7:00 PM in the Commissioners' Meeting Room. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES April 5, 2016 The Iredell County Board of Commissioners met in regular session on Tuesday, April 5, 2016, at 7:00 PM, in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman James B. Mallory III Vice Chairman Marvin Norman Tommy Bowles Steve Johnson Ken Robertson Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County Manager Beth Jones, Finance Director Susan G. Robertson, Attorney Lisa Valdez, Assistant to the Manager Ben Stikeleather, and Clerk to the Board Retha Gaither. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman James Mallory asked everyone to bow their heads for a moment of silence. PLEDGE OF ALLEGIANCE led by James Mallory. ADJUSTMENTS TO THE AGENDA: County Manager Ron Smith made the following adjustment: Add: Closed Session — Attorney Client G.S. 143-318.11 (a) (3) OTIO by Commissioner Steve Johnson to approve the agenda as adjusted. VOTING: Ayes — 5; Nays — 0 Smith reported, for the sake of the audience, that two rezoning public hearings have been postponed to the next meeting. April 5, 2016 6 Chairman Mallory clarified the only public hearing on the agenda is concerning the Solid Waste Ordinance. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS (None) APPOINTMENTS BEFORE THE BOARD Request from SCAN to Adopt a Proclamation to Declare April as Child Abuse Prevention Month: SCAN Representative Tamara Roach stated the agency is a child abuse prevention non-profit that works in Iredell County to support, coach, provide accountability, and nurturing for parents who are trying to get their children back through adjudication. It is open to families who need help by increasing or improving their parenting skills. 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 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. Adopted this 5`s day of April, 2016. Request form the Health Department to Adopt a Proclamation to Declare April as Public Health Month: Health Director Jane Murray reported on behalf of the staff of the Health Department and thanked the Board for their continued support. They are proud to serve the citizens of Iredell County in Environmental Health, clinical services, and preparedness. PUBLIC HEALTH MONTH 2016 PROCLAMATION April 5, 2016 WHEREAS, public health measures to control and eliminate infectious diseases, improve environmental sanitation and promote healthy lifestyle practices have been the greatest cause of improved health status and increased life expectancy for North Carolina's residents, such that North Carolinians have an average life expectancy at birth of more than 78 years; and WHEREAS, public health plays a critical role in eliminating health inequities and preventing chronic diseases and injuries, resulting in improved productivity and decreased health care costs for all North Carolinians; and WHEREAS, a continued focus on promoting public health programs that provide accessible, high-quality medical care and that promote healthy lifestyles for women of childbearing years has resulted in a 17 percent decline in infant mortality since 2000; and WHEREAS, a continued focus on prevention has resulted in a 40 percent decline in age-adjusted heart disease death rates since 2000, a 45 percent decline in age-adjusted stroke death rates since 2000, and a 56 percent decline in birth rates for teens (ages 15-19) since 2000; and WHEREAS, the State of North Carolina is committed to a continued emphasis on prevention in public health and on helping North Carolina reach a better state of health through actions outlined in the Healthy North Carolina 2020 Objectives; and WHEREAS, the Healthy North Carolina 2020 health objectives represent a 10 -year plan to improve the health of all North Carolinians by working to promote access to preventive and needed health services; foster positive and supportive living and working conditions in our communities; and support individuals in developing the capacities and skills to achieve healthy living; and WHEREAS, communities, employers, hospitals and health care providers, individuals and families, insurers, legislators and policy makers, schools and child care facilities must work together to identify and develop innovative solutions to health problems facing the people of North Carolina; NOW, THEREFORE, WE, the IREDELL. COUNTY BOARD OF COMMISSIONERS, do hereby proclaim April 2016, as "PUBLIC HEALTH MONTH" in Iredell County, North Carolina, and command its observance to all citizens. Adopted this the 5" day of April, 2016. Commissioner Johnson commented about a recent book concerning productivity and the increased life span. The health of people has increased productivity. The authors of this book estimated that approximately half the people who ever lived on this earth are alive today. At the time of Christ the infant mortality rate was over 50%. As late as the move to west the life expectancy of a woman was 33 years and a man was 31 years. Even in the early part of the 20°i Century, it was rare to find anyone 60 years old. They died from things like, malnourishment, Typhoid, and other diseases that have long since been eradicated. Cures and methods of prevention were blessings. Longevity of life have added to the increased productivity. A person stays healthier longer and therefore has a longer period of learning which has increased the economic productivity of this country. Chairman Mallory thanked the staff of the Health Department. This department is constantly monitoring water, sewer, and basic health items that everyone takes for granted. Request from Emergency Communications to Adopt a Proclamation to Declare April 10-16, 2016 as National Telecommunicators Week: ECOM Director Candy Strezinski said the April 5, 2016 8 second week of April is dedicated to the men and women who answer 9-1-1 phone calls. In 2015 over 300,000 calls were answered. They not only answer calls, they dispatch lifesaving EMS, fire, and law enforcement to the citizens of Iredell County. The request is to support the 28 telecommunicators in Iredell County and recognize April 10-16 as Telecommunicator Week and April as 9-1-1 Education Month. National 9-1-1 Education Month April 2016 WHEREAS, 9-1-1 is nationally recognized as the number to call in an emergency to receive immediate help from police, fire, emergency medical services, or other appropriate emergency response entities; and WHEREAS, 9-1-1 was designated by Congress as the national emergency call number under the Wireless Communications and Public Safety Act of 1999 (Public Law 106-81); and WHEREAS, the ENHANCE 911 Act of 2004 (Public Law 108-494) established enhanced 9-1-1 as a high national priority as part of our Nation's homeland security and public safety; and WHEREAS, people of all ages use 9-1-1, and it is critical to educate the public of all ages on the proper use of 9-1-1; and WHEREAS, a growing segment of the population, including the deaf, hard of hearing, deaf -blind, and individuals with speech disabilities increasingly communicate with nontraditional text, video and instant messaging communications services and anticipate that these services will be able to connect directly to 9-1-1; and WHEREAS, thousands of 9-1-1 calls are made every year by children properly trained on the use of 9-1-1, resulting in lives saved which underscores the critical importance of training children early in life about 9-1-1; and WHEREAS, there is widespread misuse of the 9-1-1 system, including prank and non -emergency calls, which can result in costly and inefficient use of 9-1-1 and emergency response resources. NOW, therefore, f, James B. Mallory III, County Commissioner of Iredell, do hereby proclaim April 2016 as National 9-1-1 Education Month. I call upon all government officials, parents, teachers, school administrators, caregivers, businesses leaders, non-profit organizations, and the people of the United States to observe this month with training, events, and activities to educate the public on 9-1-1 and its services. Dated this 5th day of April, 2016. Commissioner Robertson commented that people often question county employees because they are not sure what they do or their value. The telecommunicator is a good example of the extraordinary things that county employees do. Typically the 9-1-1 operator gets a phone call from a citizen who is having one of the worst days of their life, highly emotional, and very stressed. The caller may simply be trying to figure out where they are when stranded in an unfamiliar place. The telecommunicator must quickly determine what vehicles to dispatch. While the caller is waiting for help, the 9-1-1 operator is guiding the caller with the next steps. What is incredible is the operator is doing all of this without seeing anything. Every piece of information is being given by someone who is upset and stressed. Therefore, the telecommunicators do more than just answer April 5, 2016 the phone and send police or ambulance. They have a tremendous responsibility, but they do a very difficult job very well and the Board thanks each of them. Chairman Mallory added that Ms. Strezinski is the new director of ECOM. Public Safety is preparing to embark in an investment in public safety services to include the communication capabilities, not only in the facility but in radios used by first responders and other agencies serving the public 24/7. Iredell County has almost doubled in size since the communications center was established. Departments are working together to produce a state-of-the-art, cutting edge, yet prudent, efficient, effective center to serve the citizens of this county. Request from Statesville Regional Development to Declare April 14, 2016 as Advanced Manufacturing Day in Iredell County: Statesville Regional Development John Marek recognized partners from Mooresville South Iredell Economic Development Chris Younger and Jessica Stewart, Mike Smith from Statesville Regional Development, and Carol Johnson from Mitchell Community College who were all present. One thing these agencies do to help recruit businesses to the area is to ensure a supply of skilled labor for those businesses, particularly in manufacturing and advanced manufacturing. For the last several years these partners have worked together to hold an advanced manufacturing day at Mitchell Community College. Invited are approximately 200 self -identified students who have an interest in advanced manufacturing. They tour the campus, talk to companies and staff about the types of programs needed to obtain those good paying jobs. PROCLAMATION DECLARING APRIL 14, 2016 AS ADVANCED MANUFACTURING DAY IN IREDELL COUNTY, NORTH CAROLINA WHEREAS, a group of public and private organizations have recognized April 14, 2016 as Advanced Manufacturing Day in Iredell County to highlight the importance of advanced manufacturing in our national and local economy and to draw attention to the many rewarding high -skilled advanced manufacturing jobs; and WHEREAS, Advanced Manufacturing Day presents many opportunities to showcase Iredell County's economy and our highly skilled workforce; and WHEREAS, North Carolina ranks first among southeastern states for manufacturing jobs and is home to 10,328 manufacturing establishments employing 448,623 workers; and WHEREAS, made in Iredell County products are known for quality, are recognized worldwide, and are important to both our state and national economy; and WHEREAS, manufacturing remains North Carolina's largest industry sector, comprising slightly more than $88 billion (or 20 percent) of our gross domestic product; and WHEREAS, studies show that for every $1.00 spent in manufacturing, $1.66 is generated for North Carolina's economy; and WHEREAS, Mooresville -South Iredell Economic Development Corporation, Statesville Regional Development, Mitchell Community College, Iredell-Statesville Schools and Mooresville Graded Schools are committed to producing highly skilled, advanced manufacturing workers now and in the future to meet employers' needs; and April 5, 2016 10 WHEREAS, North Carolina Science, Technology, Engineering and Mathematics, also known as STEM initiatives, are the foundation of an education leading to a career in manufacturing; and WHEREAS, Advanced Manufacturing Day in Iredell County is designed to raise awareness about careers in manufacturing and the importance of manufacturing to our economic prosperity; NOW, THEREFORE, WE, IREDELL COUNTY COMMISSIONERS, do hereby proclaim April 14, 2016 ADVANCED MANUFACTURING DAY in Iredell County, and commend its observance to all citizens. Adopted this S" day of April, 2016. Chairman Mallory commented that he attended last year's Advanced Manufacturing Day event and was impressed at the number of high school students that were interested in learning more about advanced manufacturing. This program connects the school systems with the community college and businesses to provide the human capital necessary to attract new businesses to Iredell County. The most critical aspect of recruiting business is having a work force that is educated, trained, and capable of having a lifelong learning attitude. All of that activity assists in maintaining a low tax rate. Request from Iredell-Statesville Schools to Reconvene the School Facilities Task Force: Chairman Mallory stated that during the pre -agenda session at 5:30 PM, the Board provided direction to Assistant Superintendent Kenny Miller to move forward and begin that coordination effort. PUBLIC HEARINGS Public Hearing for the Consideration of Changes Made to the Solid Waste Ordinance: Solid Waste Director David Lambert said the proposed changes were posted on the web site, in the County Manager's office and in the main office of Solid Waste. This ordinance was written in the late 80s and early 90s. They were written in three separate articles which are now combined into a more comprehensive document. Definitions were combined with some additions to clarify different items. Chairman Mallory said the Board has reviewed the changes. Commissioner Robertson congratulated the staff of Solid Waste for researching and reviewing the ordinance to make sure Iredell County remains in compliance with the State of North Carolina. Commissioner Johnson said he had received a number of calls and had visited a number of places where people were not taking care of their trash. Mr. Lambert has hit the right balance between not being overly intrusive or mettlesome in people's lives, but giving his staff the opportunity to enforce and protect the wellbeing and quality of life for the neighbors. Chairman Mallory stated that with the arrival of a more complex society, citizens have moved away from the bases of the legal jurisprudence which is common law. Common law was unwritten but commonly known. Society has become more complex and moved as a country more into code based law where everything is written. But one can't completely ignore common law due to situations that the written law does not apply. There will be unanticipated situations to develop. Appreciation was expressed to Solid Waste staff even though they are focused on April 5, 2016 11 enforcing a law that is based on a code, it should be applied with common sense to take in the human factor that might not quite fit within the written definition. Chairman Mallory open the public hearing. No one from the audience wished to speak. Chairman Mallory closed the public hearing. OTION by Commissioner Steve Johnson to adopt this ordinance as presented. VOTING: Ayes — 5; Nays — 0 Chapter 12 SOLID WASTE* *Cross references: Administration, Ch. 2; buildings, Ch. 4; fire prevention and protection, Ch. 5; hazardous and radioactive waste, Ch. 6; parks and recreation, Ch. 8; wastewater, Ch. 14; mobile homes and temporary units, App. A,§67. State law references: Removal and disposal of trash, garbage, etc., G.S. § 153A-132.1; location of garbage collection containers on highway rights-of-way, G.S. § 136-18.3; authority of county to regulate the storage, collection, transportation, use and disposal of solid waste, G.S.§ 153A-136; authority of county to levy taxes to provide solid waste collection and disposal services and to acquire and operate landfills, G.S. § 153A -149(c)(31); authority of county to operate solid waste collection and disposal systems and facilities, G.S. § 153A-274 et seq.; radiation protection, G.S. Ch. 104E; Governor's Waste Management Board, G.S. § 143B-216.10 et seq.; county service districts, G.S. § 153A-300 et seq.; solid waste management, G.S. § 130A-290 et seq. Art. I. In General, §§ 12-1--12-30 Art. 11. Containers, §§ 12-31--12-55 Art. 111. Disposal Sites, §§ 12-56--12-82 Div. 1. Generally, §§ 12-56-12-75 Div. 2. Permit, §§ 12-76--12-82 ARTICLE 1. IN GENERAL This article shall be known and may be cited as the "Rules and Regulations Governing Solid Waste Ordinance of Iredell County, North Carolina." (Ord. of 8-7-79, Art. 1; Ord. of to -15-91) Sec. 12-2. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Beneficial Fill shall mean materials such as unpainted brick, block, concrete, stone and asphalt as approved by the Division of Waste Management for filling in low areas. (b) Blood and body fluids means liquid blood, serum, plasma, other blood products, emulsified human tissue, spinal fluids, and pleural and peritoneal fluids. Dialysates are not blood or body fluids under this definition. (e) Commercial / Industrial Waste shall mean all solid waste generated from but not limited to factories, institutions, restaurants, business firms and commercial rental properties. Consists of but not limited to manufactured materials, manufacturing by products, raw materials, packaging, plastics, paper, cloth, sweepings, putresible waste and general business waste. (d) Construction and Demolition Waste consists of but is not limited to wood (including painted and treated), insulation, windows, doors, paneling, cabinets, fixtures, roofing materials, siding materials, carpeting, vinyl flooring April 5, 2016 12 and other types of installed flooring, concrete, brick, block, asphalt and uncontaminated dirt and gravel, or other materials generated by the construction or demolition of a building or structure. (e) Covered means encased by a tarp, camper cover, metal cover, rigid cover, plastic, canvas or other suitable material which is secured to prevent spillage, leakage, or materials from blowing from the vehicle. Solid waste in plastic bags shall not be considered covered. 0 Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including groundwater. (g) Garbage means all putrescible wastes, including animal and vegetable matter, animal offal and carcasses and recognizable industrial by-products, but excluding sewage and human waste. (h) Hazardous waste means solid or liquid waste, or a combination of solid and liquid waste, which because of its quantity, concentration or physical, chemical or infectious characteristics may: a. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or b. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored or disposed of or otherwise managed. (i) Health Director means the director of the Iredell County Health Department or authorized representative. (j) Incineration means the process of burning solid, semisolid, or gaseous combustible waste to an inoffensive gas and a residue containing little or no combustible material. (k) Infectious Waste shall mean equipment, instruments, utensils and fomites (used bandages) of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease. a. Laboratory wastes, such as pathological specimens (e.g. all tissues, specimens of blood elements, excreta, and secretions from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; b. Surgical operating room pathological specimens and disposable fomites attendant thereto, and similar disposable materials from outpatients areas and emergency rooms (I) LCID Landfill means a facility designed to accept only debris generated from land clearing activities; primarily trees, stumps, rock and soil. (m) Land clearing and Inert Debris consists of vegetated growth, trees, dirt and rock generated by land clearing activities. (n) Littering shall mean throwing, scattering, spilling placing, dumping, depositing, causing or allowing to be thrown, blown, scattered, spilled, thrown or placed, or otherwise disposing of any solid waste upon any property with or without the consent of the property owner unintentionally or intentionally. (o) Material Recovery Facility means land, buildings, personnel and equipment used in the collection, sorting and distribution of recovered material. (p) Medical waste means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals in research pertaining thereto or in the production or testing of biologicals, but does not include any hazardous waste, radioactive waste, household waste as defined in 40 CFR 261.4(b)(1), or those substances excluded from the definition of "solid waste" in this section. April 5, 2016 13 (q) Pathological waste means human tissues, organs and body parts, and the carcasses and body parts of any animals that were known to have been exposed to pathogens that are potentially dangerous to humans during research, were used in the production of biological or in vivo testing of pharmaceuticals, or that died with a known or suspected disease transmissible to humans. (r) Putrescible means solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors and gasses, such as kitchen waste, offal and carcasses (s) Radioactive waste means waste containing any material, whether solid, liquid, or gas that emits ionizing radiation spontaneously. (t) Recovered materials means a material that has known recycling potential, can befeasibly recycled, and has been diverted or removed from the solid waste stream for sale, use, or reuse. In order to qualify as a recovered material, a material must meet the requirements ofNorth Carolina G.S. § 130A -309,05(c). (u) Refuse means all nonputrescible wastes. (v) Regulated medical waste means blood and body fluids in individual containers in volumes greater than 20 mt., microbiological waste and pathological waste that has not been treated pursuant to rules promulgated by the North Carolina Department of Environmental Quality. (w) Regulated waste as defined by OSHA means liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials. (x) Remains means human corpses, human anatomical parts, and terminated pregnancies. (y) Residence means property used or, if vacant, designed to be used as a residential dwelling for one or more persons, whether or not the property is also used for other non -dwelling purposes excluding commercial uses. The term includes mobile homes, single family, multi -family, and other structures used or designed to be used as residential dwellings. There can be multiple residences within a single structure, such as apartments, duplexes, town houses or condominiums. (z) Residential solid waste means waste generated as a result of daily activities in a household. Households including single -and multi -family residence (apartments, duplexes and condominiums) and mobile or modular homes. Residential waste includes kitchen waste, food packaging, clothing, floor sweepings, furniture and bedding. (aa) Responsible Parties means the owner or occupant, former owner or former occupant, of any property or part thereof or any agent or other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of this Ordinance may beheld responsible for the violation. When identifying information (for example, an addressee's name on an envelope) is found on or in solid waste, the owner of the solid waste shall be presumed to have committed the violation. A business may be held responsible for violations conducted by its agents or employees that involve solid waste related to the business. (bb) Sanitary landfill means a facility for disposal of solid waste on land in a sanitary manner in accordance with G.S. Chapter 130A, Article 9 (Section 130A-290 et seq.). (cc) Sharps means needles, syringes, capillary tubes, slides and cover slips and scalpel blades (dd) Solid waste means garbage, refuse, rubbish, trash and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as April 5, 2016 14 silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. (ee) Solid waste collector means any person who collects or transports solid waste. (.f) Solid waste container .site means any place owned, leased, rented or otherwise operated by the County at which refuse, garbage or solid waste is collected, transported and disposed of. (gg) Solid waste disposal .site means any place at which solid wastes are disposed of by incineration, sanitary landfill, demolition landfill, or any other acceptable method. ON Solid waste director means the director of the Iredell County Solid Waste Department or its authorized representative. (ii) Solid waste enforcement officer shall mean the individual appointed pursuant to this Chapter to enforce the provisions thereof. (fj) Solid waste management means purposeful, systematic control of the generation, storage, collection, transport, separation, treatment, processing, recycling, recovery, and disposal of solid waste. (kk) Solid waste managementfacility means land, buildings, personnel and equipment used in the management of solid waste. (1l) Solid waste transfer site or station shall mean any permitted facility at which solid waste is concentrated for transport to a processing facility or disposal site. (mm) Storage means the containment of solid waste either on a temporary basis or for a period of years, in such manner as not to constitute disposal. (nn) Transfer facility means a permanent structure with mechanical equipment used for the collection and/or compaction of solid waste prior to the transportation of solid waste for final disposal. (oo) Treatment means any method, technique or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any solid waste so as to neutralize such waste or so as to render such waste nonhazardous and safer for transport, amenable for recovery, amenable for storage, or reduced in volume. (pp) Treatment and processingfacility means a facility used in the treatment and processing of putrescible solid waste for final disposal or for utilization by reclaiming or recycling. (yy) Yard Waste consists of old firewood, grass clippings, leaves, shrubbery, limbs and cut trees under 8 inches in diameter and less than 8 feet in length. (Ord. of 8-7-79, Art. VI; Ord. of I t-18-86, § 1; Ord. of 10-15-91; Ord. of 6-16-92) Cross references: Definitions and rules of construction generally, § 1-3. State law references: Definitions relating to solid waste management, G.S. § 130A-290. Sec. 12-3. Purpose. The purpose of this Chapter is to promote the public safety, health and welfare of the citizens of the County in the storage, collection, transportation and disposal of solid waste throughout the county. (Ord. of 8-7-79, Art. 111; Ord. of 10-15-91) Sec. 12-4. Authority. (a) The Board of Commissioners is authorized by the General Statutes of the State to enact an ordinance regulating solid waste collection, storage, transportation and disposal within the County. April 5, 2016 15 (b) Under the provisions of G.S. Sections 153A-121, I53A-136, and I53A-292, the County hereby exercises its authority to enact this Ordinance. (c) Under the provisions of G.S. 153A-293, the County hereby exercises its authority to bill fees imposed under G.S. 153A-292 with property taxes and in the case of nonpayment, may be collected in any manner by which delinquent personal and real property taxes can be collected, i.e. the fees are a lien on the real property described on the bill that includes the fee. (d) This Chapter shall govern the unincorporated areas of the County and the municipal jurisdictions that have requested to be included within the geographic area designated pursuant to G.S 130A-294, and which have adopted this article within the municipal corporate limits pursuant to G.S. I53A-122 (Ord. of 8-7-79, Arts. II, IV; Ord. of 10-15-91) State law references: General ordinance -making power, G.S. § I53A-121; county regulation of solid wastes, G.S. § 153A-1 36; county collection and disposal of solid waste, tax levy, G.S. § 153A-292. Sec. 12-5. Jurisdiction. This Chapter and the North Carolina Administrative Code, Title 15A, Subchapter 1313, Solid Waste Management, shall govern the storage, collection, transportation and disposal of solid waste in the County. (Ord. of 8-7-79, Art. V; Ord. of 10-15-91) See. 12-6. Enforcement. The rules and regulations prescribed in this Chapter shall be enforced by the appropriate state and county agencies having duties and responsibilities in the areas of health, solid waste disposal and law enforcement. The agencies with the enforcement powers shall include but not be limited to the County Health Department, County Solid Waste Department, Iredell County Sheriffs Department or other municipal law enforcement agency, and the Division of Waste Management of the North Carolina Department of Environmental Quality. The County shall employ a full-time person or persons with the authority to secure warrants, issue warnings, notices of violation and citations to those persons or firms violating any section of this Chapter or any state regulation as it relates to the storage, collection, transportation and/or disposal of solid waste. The officer shalt have the authority to conduct investigations and attempt to identify responsible parties when violations of any article of Chapter 12 occur. Where a violation of Chapter 130A of the North Carolina General Statutes occurs in conjunction with this Chapter, the Solid Waste Enforcement Officer shall coordinate enforcement efforts with the Health Director. Enforcement personnel are hereby empowered to issue warnings or citations to any person if there is probable cause to believe that such a person has violated any of the provisions of this Chapter. It shall be unlawful for any person to interfere with, hinder or molest the Solid Waste Enforcement Officer or other certified officers or their agents in performance of any duty authorized by this Chapter. Authority to prosecute said violators shall remain with the law enforcement and judicial systems of the Divisions of the State of North Carolina. (Ord. of 8-7-79, Art. XI; Ord. of 10-15-91) See. 12-7. Storage. No owner, occupant, tenant or lessee of any property shall permit any garbage or other refuse to accumulate upon such property that is not stored in a manner approved by the Health Director. (a) Garbage shall be stored in a container of a type approved by the Health Director. Every such container shall be constructed of metal, or equally durable material, in such a manner as to be strong watertight, not easily corrodible, fly proof, and rodent proof. It shall have handles designed for lifting and flyproof covers which shall be kept in place at all times except when garbage or other refuse is being deposited in or removed from such container. The Health Director shall have the authority to approve the use of containers not meeting these specific standards when it can be shown that such containers meet applicable health standards. A sufficient number of containers shall be provided to hold at least one (I ) week's accumulation of garbage. Each garbage container shall be kept clean so that no odor or other nuisance will exist. April 5, 2016 16 (b) Refuse and solid waste shall be stored in such a manner that it will not provide harborage to vermin nor cause a fire hazard. This includes refuse and solid waste stored inside of buildings, including houses, outbuildings, garages and/or carports. Storage of such materials that constitutes a public health nuisance or imminent hazard shall be referred to the Health Director pursuant to General Statute 130A-19 and 130A-20. (c) No person, firm or corporation shall dump, deposit, dispose or otherwise place solid waste into any garbage can, dumpster or other container made or used to contain solid waste or other debris unless such person, firm or corporation is the owner or lessee of the waste container or they have first obtained the permission of the owner or lessee for the use of the container. (Ord. of 8-7-79, Art. VII; Ord. of 10-15-91) See. 12-8. Collection. (a) The owner, occupant, tenant or lessee of any property upon which garbage is stored shall remove, or cause to be removed, all garbage from such property at least once a week. Solid waste collectors shall remove all solid waste from the property, when they receive compensation for this service, at least once a week. The work shall be done in a clean and orderly manner, without causing damage to the container. Any solid waste that is spilled shall be cleaned up, and the property left in a sanitary condition. (b) The collection of residential and commercial solid wastes shall be conducted in a way that, when delivered to the county landfill, it is received segregated unless prior approval is obtained from the solid waste director. Residential and commercial solid waste that is received mixed together (co -mingled) shall be assessed a monetary penalty equal to the fee charged per ton for commercial solid waste times the weight of the entire load. (c) Recyclable corrugated cardboard regulations. I. Recyclable corrugated cardboard, heretofore generated as a waste product from all business, industrial and institutional sources shall be banned from the Iredell County waste management facility, effective July 1, 1999. 2. All business, industrial and institutional generators of recyclable old corrugated cardboard shall be required to separate this material from all other solid waste for the purpose of recycling. 3. Public and private haulers delivering solid waste containing recyclable corrugated cardboard to the county waste management facility for disposal from business, industrial and institutional sources shall be subject to the corrective action provided in Paragraph (d) of this Section. 4. Definition of old corrugated cardboard (OCC). i. Old corrugated cardboard shall be defined as any packaging board consisting of (but not confined to) kraft paper with a fluted or wavy middle layer and having one (1) or more flat outer walls. Its most common usage is for the construction of shipping boxes and separator sheets used in packaging. it. Exemptions from this ban include corrugated cardboard materials which are: a. Wax coated; b. Soiled with grease, adhesives, food waste or chemicals; c. Adhered to expanded polystyrene or other plastic materials; d. Otherwise rendered un -recyclable by recycling industry standards. Note: Haulers and generators must not contaminate corrugated cardboard for the purpose of rendering it un - recyclable. (d) Penalty for violation of this Section. Recyclable materials banned from disposal by State or County regulations 1. It shall be unlawful to place into the landfill or a solid waste container any material banned from landfills by the state of North Carolina or the County which are required to be recycled except in the areas or containers designated for that purpose. 2. Materials required to be recycled by the state or county must not be intentionally damaged, altered or rendered unfit for recycling for the purposes of avoiding the requirement. April 5, 2016 17 3. Public and private haulers delivering solid waste containing banned materials shall receive the following: i. First violation. A written warning and hauler must sort and recycle the banned materials at the unloading point. it. Second violation. Hauler must pay (3) three times the current tipping fee on the entire load and non-compliant hauler's subsequent loads will be refused until hauler assures compliance. (Ord. of 8-7-79, Art. VIII; Ord. of 10-15-91; Ord. No, 12-15-98) Sec. 12-9. Transportation. No solid waste collector shall transport solid waste in a manner that has not been approved in accordance with the provisions of this Chapter. Vehicles or containers used for the collection and transportation of garbage, or refuse containing garbage, shall be covered, leakproof, durable and of easily cleanable construction. These shall be cleaned as often as necessary to prevent a nuisance or insect breeding, and shall be maintained in good repair. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded, secured and moved in such a manner that the contents will not fall, leak or spill therefrom, and shall be covered to prevent blowing of material. If spillage occurs, the material shall be picked up immediately by the solid waste collector and returned to the vehicle or container and the area properly cleaned. (Ord. of 8-7-79, Art. 1X; Ord. of 10-15-91) See. 12-10. Disposal. (a) No solid waste collector, or other person, shall dispose of solid waste, except by one (1) of the methods listed in this section. (However, this section shall not be construed to prevent any person from properly disposing of solid waste from his own residence on his own property in a safe and sanitary manner limited to noncommercial purposes and approved by the Solid Waste Director such as composting, mulching or recycling.) 1. Sanitary landfill which has been approved by the North Carolina Department of Environmental Quality as meeting all the requirements of the Division of Solid Waste Management Rules and Regulations Providing Standards for Solid Waste Disposal. 2. Solid waste container sites operated by the county which have been approved by the North Carolina Division of Solid Waste Management as meeting all the requirements of the Division of Solid Waste Management Rules and Regulations Providing Standards for Solid Waste Disposal. Incinerator that meets all requirements of the local, state and federal air pollution standards. 4. By any other method including reclaiming or recycling processes which has been approved by the Division of Solid Waste Management and the Solid Waste Director. (b) Solid waste will be accepted from Iredell County residents only. I_ The County will provide owners of Iredell County residences identification decals to be affixed on vehicles used to transport solid waste to a collection or disposal site. Decals are to be affixed per directions provided with receipt of the decal. Commercial haulers must also prove the solid waste was generated in Iredell County before it will be accepted and must display identification numbers supplied and assigned by the County prior to acceptance of the solid waste. 2. Materials that are banned from disposal for any reason by the North Carolina Division of Waste Management, the County or conditions of the landfill operating permit will not be accepted at any county owned waste disposal facility. (Ord. of 8-7-79, Art. X; Ord. of 6-5-90; Ord. of 10-15-91) Sec. 12-I1. Reserved. Sec. 12-12. Penalties April 5, 2016 18 (a) Criminal penalty. Unless otherwise stated herein, any person who violates the rules and regulations set forth in this Chapter shall be guilty of a misdemeanor, which shall be punishable by a fine of not more than fifty dollars ($50.00) or by imprisonment for not more than thirty (30) days, or both for each separate violation. Each day a violation occurs is a separate violation. (b) Civil penalty. Any person, persons, or entities who are found in violation of this Chapter shall be subject to a civil penalty not to exceed five hundred dollars ($500), as provided by G.S. 153A-123. The provisions of this Chapter may be enforced by equitable remedy, and any unlawful condition existing or in violation of this Chapter may be enforced by injunction and order of abatement in accordance with the provisions of G.S. 153A-123. (c) Prior to issuance of a citation, the Solid Waste Enforcement Officer shall issue a written notice of violation and warning to the violator; such notice shall state the violation, the date by which the violation shall be corrected and the penalties for the violation if not corrected. A warning may, but is not required, robe issued where the public safety is endangered. The notice of violation and warning shall be served either in person, by mail, or posted on the property in violation. (d) In assessing penalties under this Chapter, the Solid Waste Director and Solid Waste Enforcement Officer shall consider such of the following factors as are pertinent: 1. The number of previous violations. 2. The number of communications with the offender prior to the subject violation. 3. Steps taken by the responsible party to try to comply. 4. The estimated amount and quantity of solid waste in the offending situation. 5. The degree by which the public health and safety is endangered. (e) Citations shall be served either in person, by mail, or posted on the property in violation. Any citation so served shall direct the violator to make payment of the fine to the Solid Waste Department on or before a specific day and hour named in the citation and to present evidence of the remedy of any violation of this Chapter. The deadline for payment and remedy of the violation shalt be set by the County but shall be no less than 7 days from the receipt of notification. 1. To ensure proper disposal of solid waste and that the material is not relocated to an unapproved collection site. The violator shall show proof of proper disposal of material that is in violation by receipt or some form of verification from the attendant operating an approved solid/hazardous waste collection site. Failure to show proper proof of disposal shall result in a separate offense which the violator will have to pay three (3) times the cost of the County landfill tip fee for the approximate weight of the material+ one hundred dollars ($100.00) for failure to comply with the Chapter. 2. If the violator does not appear in response to the above described warning or citation, the Solid Waste Enforcement Officer may have a criminal complaint entered against such person and secure a warrant for their arrest. The arrest shall be for the violation of the Section of this Chapter charged in the citation and upon conviction the defendant shall be subject to the penalties prescribed. 3. Persons found to be in violation of the provisions of this Chapter may be allowed to perform remedial cleanup work in compliance with subsection (b) above in lieu of prosecution, injunctive action, or civil penalties at the discretion of the County Solid Waste Director. 4. Violations where the Solid Waste Enforcement Officer believes a public health nuisance or imminent hazard may exist, shall be referred to the Health Director for determination and necessary enforcement pursuant to G.S. § 130A-19 or 130A-20. (f) Notwithstanding any of the aforementioned penalties the County retains the right to refuse service to anyone who refuses to obey the ordinances of this Chapter or fails to pay assessed fees and penalties. (g) Penalties for the disposal of types of medical waste in violation of this Chapter shall be in accordance with this Section 12-12(g). April 5, 2016 19 Any person who violates Section 12-16 shall be guilty of a misdemeanor and shall be punishable by a fine of five hundred dollars (5500.00) or imprisonment of thirty (30) days, or both, for each separate violation. The Solid Waste Director, Health Director and the Solid Waste Enforcement Officer shall have the authority to examine and investigate waste storage containers at the site of generation in order to determine compliance. This section shall not apply to microwaved treated medical waste which has been approved by the North Carolina Department of Environmental Quality for disposal in a municipal landfill. This section does not apply to sharps and medical supplies generated from the residences of individuals who have chronic medical conditions that require home treatment. (h) Penalties for violations of Article BI shall be in accordance with this Section 12-12(h). (i) Any noncompliance with the conditions of a permit pursuant to Article III or operation of a facility without a permit, or the operation of facility in a manner such as to create or constitute a hazard to the public health or safety, and any noncompliance with the procedural requirements of Article III, or refusal to permit County officials to enter a facility, structure or enclosed area in the performance of their duties, and any refusal to pay the taxes or fees provided for by Article Ill, and any failure or refusal to provide the information or apply for amendment to permits as may be required, shall be a misdemeanor which may be punishable as provided in subsection (a) above. (ii) The County may seek injunctions in the appropriate courts of competent jurisdiction when the operation of a solid waste disposal facility is, in the judgment of the Solid Waste Director, creating an imminent hazard to the health, safety, or welfare of the public. The County may also seek any other appropriate equitable relief it deems necessary to ensure the public health, safety and welfare. (Ord. of 11-18-86, § IX; Ord. of 10-15-91; Ord. of 6-16-92; Amd. of 11-7-95) Sec.12-13. Reserved Sec. 12-14. On-site rules and regulations. The Solid Waste Director shall be responsible for establishing from time to time rules and regulations pertaining to operational procedures of the solid waste collection and disposal sites operated by Iredell County. These rules and regulations shall be for the protection and safety of both the general public having access and use of the facilities and the persons employed by the County to operate said facilities. Said rules and regulations shall include, but not be limited to, hours and days of operation, routing of trucks and vehicles on-site, cleaning on County property of trucks and containers used by haulers to collect and transport solid waste, and other areas of concern as they arise. (Ord. of 10-15-91) Sec. 12-15. Exceptions and exemptions. The County Board of Commissioners may, where deemed necessary in the best interest of the citizens of Iredell County, make exceptions and/or exemptions to the rules and regulations of this article as long as those exceptions or exemptions do not negate the North Carolina Administrative Code, Title 15A, Subchapter 13B, Solid Waste Management Rules. (Ord. of 10-15-91) Sec. 12-16. Medical waste. All solid waste defined in Section 12-2 as infectious waste, microbiological waste, pathological waste, regulated medical waste by definition of NCDENR and OSHA, remains, and sharps, shall be prohibited from being disposed of in a County sanitary landfill or solid waste container in Iredell County. This section does not apply to sharps and medical supplies generated from the residences of individuals who have chronic medical conditions that require home treatment. (Ord. of 6-16-92; Amid. of 11-7-95) Sec. 12-17. Casualty damage solid waste. April 5, 2016 20 No owner, occupant, tenant, or lessee of any commercial, industrial, or residential property shall permit the solid waste remaining from any building or other structure which has been damaged beyond repair by fire, storm or other casualty, to remain on the property for more than one (1) year after the completion of the investigations by the fire marshal and casualty insurance companies if the appearance of such waste appears to negatively impact the value of the surrounding property, mars the appearance of the area, or causes a public health nuisance. The tern "beyond repair" shall mean that the costs of repairing the casualty damage exceeds the value of the damaged structure prior to the casualty. The County shall enforce this section of by imposing the penalty prescribed in Section 12-12 of this Chapter either (a) upon petition of an owner of other property located in the immediate area where the violation occurs and/or (b) a finding by the solid waste enforcement officer that the waste is creating public health nuisance. Sec. 12-18. Prohibited activities The following activities are prohibited in the disposal or handling of solid waste. Nothing in this section shall be interpreted to prohibit legal activity in properly permitted sites. (a) Littering. It shall be unlawful for any person to engage in littering or to violate any provision of N.C.G.S. 14- 399 (b) Open burning of solid waste. It shall be unlawful for any person to dispose of solid waste, construction materials or unwanted structures by burning. (c) Burying or submerging of solid waste. It shall be unlawful to bury in the earth or submersing in a body of water any solid waste materials for the purpose of disposal. Beneficial fill materials permitted by County, State and Federal rules are exempted. Waste disposal facilities permitted by the solid waste section are exempted from burial prohibition. (d) The disposal of solid waste, which has been transported from outside the boundaries of the County, at any County -owned solid waste disposal site. (Ord. of 3-15-94; Ord. of 7-19-94) Secs. 12-19--12-30. Reserved. ARTICLE It. SOLID WASTE CONTAINER SITES Sec. 12-31. Title. This article shall be known and may be cited as the "Solid Waste Container Ordinance of lredell County, North Carolina." (Ord. of 8-6-79, Art. I; Ord. 10-15-91) See. 12-32. Reserved. See. 12-33. Purpose. The purpose of this Article is to promote the public safety, health, and welfare of the citizens of the County in the use of solid waste container sites located throughout the County. These sites contain equipment that could prove injurious to the public and this Article is designed to protect the public as well as the property of companies renting containers to the County. (Ord. of 8-6-79, Art. II1) Sec. 12-34. Authority. (a) The Board of Commissioners is authorized by the North Carolina General Statutes to enact an ordinance regulating solid waste collection, storage, and transportation within the county. (b) Under the provisions of G.S. § 153A-121 and 153A-136, the County hereby exercises its authority to enact this Article. April 5, 2016 21 (Ord. of 8-6-79, Arts. 11, IV) State law references: General ordinance -making power, G.S. § I53A-I2I; County regulation of solid wastes, G.S. § 153A-136. Sec. 12-35. Jurisdiction. This article shall govern the use of solid waste container sites operated and maintained by the County. (Ord. of 8-6-79, Art. V) Sec. 12-36. Materials not acceptable. No person shall place in a solid waste container site: TABLE 12-36.1: Fire or embers Pesticides Liquids Chemicals Poisons Animals Herbicides Concrete, Brick, Block Stumps and/or logs Animal wastes Shingles Clearing materials Bulk amounts of spoiled foods Ashes, burnt materials (Ord. of 8-6-79, § 1) Sec. 12-37. Fire prevention. It shall be unlawful for any person to set or cause to be set any fire in a solid waste container. No person shall place in a container embers, ashes or other material that would create a fire hazard. (Ord. of 8-6-79, § Il) Cross references: Fire prevention and protection, Ch. 5. See. 12-38. Scavenging. It shall be unlawful for any unauthorized person to remove any item from a solid waste container. No person shall climb on, around or inside a container. No person shall open or attempt to open any solid waste container, unless he is authorized to place items therein or to remove items therefrom. No person shall cause any damage to be inflicted upon a solid waste container. (Ord. of 8-6-79, § 111) Sec. 12-39. Loitering. No person shall loiter or congregate on any container site property and no vehicle shall be left unattended on such property. Any vehicle left unattended shall be towed away at the owner's expense. (Ord. of 8-6-79, § IV) Sec. 12-40. Reserved. Sec. 12-41. Penalties. Penalties as set forth in Section 12-12 shall apply to violations of this Article Il. Sees. 12-42--12-49. Reserved. ARTICLE 111. DISPOSAL SITES, TRANSFER FACILITIES, TREATMENT AND PROCESSING FACILITIES, MATERIAL RECOVERY FACILITIES Sees. 12-50-42-56. Reserved. April 5, 2016 22 Sec. 12-57. Compliance with State rules. All solid waste shall be stored, collected, transported, separated or processed, recycled, recovered, and disposed of in a manner consistent with the requirements of the solid waste management rules prepared by the Solid and Hazardous Waste Management Branch, Division of Solid Waste Management, Department of Environmental Quality of the State of North Carolina. All facilities shall be operated in compliance with industry standards and all applicable local, State and Federal laws. Local and State officials retain the right to inspect facilities in accordance with all applicable laws. (Ord. of I 1-18-86, § II; Ord. of 10-15-91) State law references: Solid waste management program, G.S. § 130A-294. Sec. 12-58. Limited use; location. In addition to such other regulations as may be imposed by any local, regional, state or federal regulatory authority, the following regulations shall apply with respect to the siting and operation of solid waste disposal sites in the County. Where these restrictions conflict with other local, state or federal regulations, including the Iredell County Land Development Code, the more restrictive shall control. (a) No solid waste disposal site or solid waste management site shall accept, store, treat or dispose of any solid waste except such solid waste as has been generated within the County. In the event of a dispute concerning whether particular solid waste has been generated within the County, the County Solid Waste Director will be the final arbiter. (b) No solid waste disposal site shall be located within any watershed containing an impoundment reservoir supplying water for human consumption. (c) Expansions of existing landfill units or new MSW LF units must conform to the requirements of the effective permit. (d) All units must be sited and constructed per the rules set forth by North Carolina G.S. 130A Article 9, GS 130A-295.6 and 15A NCAC 138. (e) No new solid waste management facilities or disposal site maybe located within 300 feet of any exterior property line or within 500 feet of any occupied building, residence or residential dwelling unit or private well serving such residence. The minimum distance from any stream or waterway is 50 feet. (f) All activities related to the handling or processing of solid waste at a transfer facility or treatment and processing facility must take place within a covered enclosed building. Such buildings must not be sited within 50 feet of any stream. (Ord. of 11-18-86, § VIIE Ord. of 10-15-91) Sec. 12-59. Penalty; enforcement. Penalties as set forth in Section 12-12 shall apply to violations of this Article 11. Secs. 12-60-42-75. Reserved. See. 12-76. Permit Required. (a) No person shall operate any solid waste disposal site, solid waste management facility or material recovery facility until he shall have first been granted a permit by the County Board of Commissioners. (b) No construction or site preparation for a new solid waste disposal site or waste processing facility shall begin until a permit shall have been issued. (Ord. of 1 I-18-86, § BI) Sec. 12-77. Application. A permit applicant under this Article shall prepare and file a permit application for a solid waste disposal site, solid waste management facility, and/or material recovery facility with the Solid Waste Director, who may seek approval from the Health Director and/or County Board of Health. The permit application shall include all documents April 5, 2016 23 submitted to the federal and state governments for applications and permits from such governmental units. The application shall contain the following information: (a) A description of the company, individual or partnership proposing to own and operate the solid waste disposal site, including full information on its financial capability and detailed history of all its past activities in the field of solid waste management, including a synopsis of every other facility it has ever operated; (b) Evidence of liability insurance including environmental impact liability insurance in amounts of at least ten million dollars ($10,000,000.00) and a history of all claims against the applicant at any site, including any parent company or subsidiary or related company; (c) A description ofthe scope ofthe proposed project including a schedule of how much and what kinds of solid waste the facility will accept, where within the county the material will come from, what pretreatment will be required, where within the facility waste will be treated and stored, and how long the facility is expected to operate; (d) The estimated project cost, including information on construction cost, the area operating expense, and estimate of the cost for the lifetime of the project; (e) The proposed method of financing the project, including development operation enclosure stages; (f) The proposed number of employees and types of positions, including information on the training and experience required for each position, salaries to be paid, etc.; (g) Anticipated dates when both construction and operation will commence; (h) A detailed estimate of the types and amounts of county services the county will need to provide each year for the facility; (i) A description of emergency procedures and safety and security precautions that will be in place at the facility; 0) A description of the environmental protection measures to be taken by the applicant to prevent contamination on, under and around the facility site, and its description of planned monitoring systems with an estimated annual budget for each of the items; (k) A description of the site closure plan for the facility with the anticipated date of closure and the estimated cost of site closure; (I) A description of anticipated need for postclosure care; (m) A list of all fees and charges sought to be imposed by the applicant; (n) A map or maps including the following information L Names, addresses, telephone numbers of legal owner and agent of property, 2. Name, address and telephone number of professional person responsible for design and surveys, 3. Description of any existing legal rights-of-way or easements affecting the property, 4. Reference to existing restrictive covenants on the property, if any, 5. Reference to existing zoning classifications of the property and all adjoining property, 6. Location of the property by tax map and parcel number, warranty deed book and page number, and other evidence of title of the current owner, 7. The map shall be drawn to a scale of not less than one hundred (100) feet to one (1) inch, 8. Location sketch map showing relationship of the project to the surrounding area, 9. Graphic scale, date, approximate north arrow, and legend, 10. Location of property with respect to surrounding property and streets, the names of adjacent property and streets, and the names for adjacent developments, 11. Location of all boundary lines of the property, 12. Total acreage of the land in the project, April 5, 2016 24 13. Location of the nearest buildings (including mobile homes, railroads, parks, cemeteries, bridges, sewers, water mains, culverts, water wells, gas and electric lines), 14. Location of all bodies of water, watercourses, groundwater, springs and other pertinent features, 15. Location of all test wells and/or borings, 16. Location of the 100 -year floodplain, flood of record, standard project flood, and inundation due to a dam break, 17. Location of all faults, dikes, sills and other pertinent geological structures, 18. A topographic map with contours at vertical intervals of not more than five (5) feet on the same scale as the project site map, 19. Transportation route map showing proposed transportation routes to and from the facility from all cities and towns in the county, all transfer facilities, and all points of major generation of garbage or solid waste, 20. Compatibility with existing land uses, including orientation and layout of site plans, planned buffer zone setback from use area to the solid waste disposal site's exterior property line, and planned aesthetic design of facility and landscaping. (o) The County Board of Commissioners, upon receipt from a materials recovery facility that provides sufficient proof and documentation to evidence that its materials will be limited to paper, plastic, glass and cardboard of a nontoxic and nonhazardous nature, may reduce the application requirements set forth in this Section. (Ord. of 11-18-86, § IV) Cross references: Flood damage prevention, § 10-51 et seq. Sec. 12-78. Fees and costs; failure to comply. (a) All applicants for a solid waste disposal site permit or solid waste management facility permit shall pay a filing fee of ten thousand dollars (SI0,000.00), of which two thousand five hundred dollars (52,500.00) is nonrefundable. The Board of Commissioners shall assess applicant fees in such amounts as the Board of Commissioners finds necessary and sufficient to reimburse the County for the cost of any needed professional assistance that may be required by the County to evaluate the permit application, verify its contents and evaluate the impact of such a permit on the community, public health, and environment. This assistance may include but shall not be limited to the assistance of lawyers, biologists, geologists, engineers, chemists, hydrologists, physicists, emergency response and public health experts and professional testing laboratories. If the cost to the County is less than ten thousand dollars ($10,000.00), then the applicant will receive a refund of all the unused application fee in excess of the nonrefundable portion. If the cost to the County in evaluating the application is greater than 510,000, then the County will bill the applicant for the difference. (b) Failure to provide the funds required by this section within thirty (30) days of demand shall result in termination of the permit process or cancellation of the permit. In addition, the County Board of Commissioners may take legal action against the applicant for any cost incurred by the County up to the point of denial, termination, or revocation. (c) All applications for a valid waste disposal site permit or solid waste management facility shall include an irrevocable consent signed by all the owners of any interest in the land upon which the solid waste disposal site or solid waste management facility is proposed to be located. Said irrevocable consent shall allow county and other governmental officials access to the property during business hours for the purposes of inspecting, testing and monitoring the property and the facility and shall be in such form that it is recordable in the office of the Register of Deeds and shall run with the land. (Ord. of 1 I-18-86, § V; Ord. of 12-2-97) See. 12-79. Application procedure. (a) Within ninety (90) days of the submission of the applicant under this division, the Board of Commissioners shall hold a public hearing so that the applicant can present its plans to the public and answer questions from the public. (b) After the hearing the Board of Commissioners shall have ninety (90) days in which to determine if the application is complete and shall mail notice of its determination to the applicant. April 5, 2016 25 (c) Each application shall require an analysis conducted by the County staff. The analysis shall be completed within ninety (90) days from the day the application is determined to be complete. (d) When the completed application and completed staff analysis are available, the Board of Commissioners shall call a second public hearing for public review of the completed application and staff analysis. Notice of such public hearing shall be given at least fifteen (15) days prior to the date specified therein. Notice shall be posted by the applicant on the proposed property and on each and every street of access, and notice shall also be placed by the applicant in each of the county newspapers not less than fifteen (15) days prior to the day specified therein. (e) Within thirty (30) days after the second public hearing, the Board of Commissioners shall determine whether to accept the application, deny it, or grant it with specified conditions. (Ord. of 1 I-18-86, § VI) Sec. 12-80. Conditions. The Board of Commissioners may specify conditions on granting a permit as will, in their opinion, ensure that the facility in its proposed location will not adversely affect the health, safety and general welfare of the community in which the facility is to be located. All such specified conditions shall be entered in the minutes of the meeting at which the permit is approved. All conditions shall run with the permit and shall also be binding upon the original applicants, their heirs, successors and assigns. Any noncompliance with the specified conditions constitute violation of this article and shall invalidate the permit. (Ord. of I I-18-86, § VII) See. 12-81. Revocation. For any solid waste disposal, solid waste management or materials recovery facility operator who has committed a violation of this Article, or for whom the continued operation of the facility poses an unreasonable hazard to the health, welfare or safety of the public, the Board of Commissioners may publicly announce its intention to recommend a revocation of the permit. The facility operator may request a hearing and the Board of Commissioners shalt grant such a hearing within ten (10) days of the request. At the hearing the facility operator may present evidence in mitigation, to demonstrate subsequent remedial action, etc. The Board of Commissioners may continue the permit upon finding that: (a) The facility operator has made a good faith effort to comply with the permit and to remedy violations; and (b) Reinstatement of the permit would not endanger the public health and welfare; and (c) The facility operator has proposed a plan to remedy any other hazardous conditions on the facility site as expeditiously as possible. (Ord. of I I-18-86, § X) Sec. 12-82. Annual renewal fee. There is hereby imposed an annual renewal fee, as established by the Board of Commissioners, for each waste disposal site, which shall be payable annually on the anniversary of the issuance of the permit. Solid Waste Management Facility annual renewal fees are based upon the previous years reported tonnage at rate established by the County Board of Commissioners. Failure to pay the annual renewal fee within thirty (30) days of its due date shall result in the automatic revocation of the permit. Material Recovery Facilities will be subject to annual renewal but will not pay any renewal fees. (Ord. of 12-2-97) ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the following items for the consent agenda: April 5, 2016 26 • Request from Facility Services for approval to negotiate and execute a contract with Edifice General Contractors and ADW Architects for the proposed Public Safety Facility. • Request from the Public Library for approval of BA #30 for increased state aid to public libraries. • Request from the Public Library for approval to request e -rate discounts in the amount of $14,908. • Request from the Department of Social Services for approval to apply for a Community Response Program Grant for up to $100,000. • Request from Parks & Recreation for input on a Comprehensive Recreation Master Plan Addendum. • Request from ECOM for approval of a MOA with Wilkes County to use Iredell County as E911 Backup. • Request for approval of the March 15, 2016 minutes. MOT10N by Vice Chairman Marvin Norman to approve the consent agenda. VOTING: Ayes — 5; Nays — 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS Jones. 1 -Care Board of Directors (2 Announcements) APPOINTMENTS TO BOARD AND COMMISSIONS Centralina Economic Development Commissioner (1 Appointment) OTION by Commissioner Ken Robertson to nominate Deputy County Manager Beth VOTING: Ayes — 5; Nays — 0 Nursing Home Advisory Board (I Appointment) — Vonnie Holbrook has volunteered. MOTION by Vice Chairman Marvin Norman to nominate Vonnie Holbrook. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS PUBLIC COMMENT PERIOD (None) NEW BUSINESS (None) COUNTY MANAGER'S REPORT County Manager Ron Smith announced an invitation to the grand opening and ribbon cutting for the Big Leaf Slopes Park that will be held April 23, 10:00 AM until 2:00 PM, at 341 April 5, 2016 27 Twin Oaks Road, Statesville. This park has been completed by volunteers and Facility Services staff. Smith also announced the invitation to an event to celebrate National Telecommunicator Week on April 13, 3:00 PM, at the Emergency Operations Center (EOC) at ECOM. Smith reminded the Board the budget will be submitted on May 3 along with the budget message. The budget books will be available after the first May meeting. Budget sessions are scheduled for May 9 and 12 in the South Wing Conference Room of the Government Center from 12:00 to 5:00 PM. The public hearing is scheduled for June 7. CLOSED SESSIONS Chairman Mallory recessed the Board into Closed Session at 7:42 PM to consider maters for Economic Development, G.S. 143-318.11 (a) (4); Property Acquisition G.S. 143-318.22 (a) (5); and Attorney Client G.S. 143-318.11 (a) (3) The Board reconvened in regular session at 8:32 PM. OTION by Commissioner Steve Johnson to call for a public hearing on April 19, 2016 at 7:00 PM in regard to an economic development incentive of $144,885 over a five year period for Project Dorado based on a $6 million investment in Iredell County. VOTING: Ayes — 5; Nays — 0 OTION by Commissioner Tommy Bowles to call for a public hearing on April 19, 2016 at 7:00 PM in regard to an economic development incentive of $61,200 over a five year period for Project Mag based on a $3.1 million investment in Iredell County. VOTING: Ayes — 5; Nays — 0 ADJOURNMENT MOT10N by Commissioner Steve Johnson to adjourn at 8:35 PM. (The next meeting will be Tuesday, April 19, 2016, 7:00 PM, in the Commissioners' Meeting Room, Pre -Agenda Discussion at 5:30 PM in the South Wing Conference Room, Government Center, 200 South Center Street, Statesville, NC) VOTING: Ayes — 5; Nays — 0 Date Approved Retha C. Gaither, Clerk April 5, 2016 28