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HomeMy WebLinkAboutDecember 19 2017 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS PRE -AGENDA MINUTES December 19, 2017 The Iredell County Board of Commissioners met in pre -agenda session on Tuesday, December 19, 2017 at 5:00 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 Tommy Bowles Gene Houpe Jeff McNeely Marvin Norman Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County Manager Beth Jones, Assistant County Manager Susan Robertson, Strategic Planner 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 made the following adjustment: Add: Administrative Matters — VIII.7 Monticello and Ebenezer Schools Memorandum of Understanding; Unfinished Business — Discussion of proposed concealed carry ordinance; Closed Session — Economic Development G.S. 143-318.11 (a) (4) Remove: Unfinished Business — Health Department Access PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition and adoption of a resolution honoring Edmund (Eddie) L. Gaines: Chairman Mallory said the Iredell County Bar Association requested the adoption of a resolution. Since there is no current policy about naming courtrooms it is best to put this resolution on hold until a policy can be agreed upon. ADMINISTRATIVE MATTERS Request from the Facility Services Department for approval of an agreement with Iredell County Architect covering insurance requirements for architectural services: Facility Services Director Robert Woody said the request is to enter into an agreement with staff Architect David Montgomery to provide insurance for his services. There was a recent discovery that since 2015 everything that the architect creates must be signed and stamped by him. Therefore, the request is to provide insurance for coverage for anything Montgomery signs and stamps up to $9,000. Anything over $9,000 will be contracted out. The agreement has been reviewed by Risk Management and legal counsel. Commissioner Norman asked the amount of the insurance. Woody said $3,113 annually. It can be covered in this year's budget and will be identified in future budgets. If an architect was not on staff it would be covered under Fees and Services but because he is staff it is a significant savings to the County. December 19, 2017 Chairman Mallory asked if this is a new requirement and if he would have to go back and sign previous work Woody said the rules were changed in 2015 but it was not discovered until earlier this year. Anything he draws must be signed and sealed but he does not have to go back to sign previous work. Commissioner Houpe requested the agreement include a statement that he is only signing and sealing documents for Iredell County. Valdez said that is included. Montgomery cannot sign and seal privately. This item was placed on the consent agenda. Request from Mooresville Fire & Rescue for approval of $19,430.17 to purchase equipment and budget amendment #17: Director Kent Greene said this request is from Mooresville Fire and Rescue to withdraw $19,430 from their rescue reserve account. They will purchase dry suits and safety boots for swift water rescue. Finance Director Deb Alford said Mooresville Fire & Rescue did not make a request last year and they had $10,499 which inadvertently was not put on a purchase order to roll over to the new year. It went into fund balance and the budget amendment is taking it from fund balance and applying it back to Mooresville Fire & Rescue. It will be added to this year's allocation to purchase the equipment. Commissioner Houpe asked how many departments have swift water teams. Greene said Mooresville Fire & Rescue is the primary team, Iredell Rescue has some technicians, as well as North Iredell Rescue. Vice Chairman Bowles asked the possibility of using a robot for diving Greene said the teams are for swift water and not diving. The primary dive team for this area is Charlotte Fire. Sherriils Ford, unfortunately, suffered a line -of -duty death and has since disbanded the dive team in favor of the underwater robot. The robot cost around $130,000 but Sherrills Ford has been more than happy to assist Iredell County when needed. This item was placed on the consent agenda. BA#17 To appropriate Mooresville Fire & Rescue Reserve to purchase water rescue equipment 12/19/2017 Account # Current Budget Chane Amended Budget 104880 499500 Appropriated Fund Balance (1,740,000) (10,499) (1,750,499) 105555 574288 Mooresville F&R Reserve 11,080 10,499 21,579 Request from the Finance Department for approval of Budget Amendment #18 to appropriate $342,724 to MCC to purchase the Old Davis Hospital site: County Manager Ron Smith said the original agreement was $254,000. AAA Environmental was the on-site firm looking out for the best interests of the three organizations involved and made the remediation/clean-up must easier. The tunnels could not all be seen until the building was removed. The remaining amount was other various costs associated with the project. Commissioner Houpe asked why Iredell County's portion was so much more than the other two entities. December 19, 2017 Smith said it was an agreement with the first contract amount which was based on the size of the over-all budgets and the ability to contribute. Chairman Mallory said one item that is not shown in the breakdown is the cost avoidance of deposal fees at the landfill. All of the materials were disposed of off-site and out of county. The Board felt this should be mentioned at 7:00 and was not placed on the consent agenda. Request from the Finance Department for approval of budget amendment #19 in the amount of $520,000 to advance General Obligation proceeds to Mitchell Community College: Finance Officer Deb Alford said MCC requested an advancement of GO money that will be issued later this year. The Endowment has acquired a note and paying interest which they would like to pay off. The County will be reimbursed when the bonds are issued. This item was placed on the consent agenda. BA#19 To appropriate $520,000 of bond proceeds as an advance to Mitchell Community College to 12/19/2017 repay MCC Endowment to retire a note on purchased property. Account# I Current Budget Chane Amended Budget 104880 499302 Appropriated Fund Balance - MCC (304,000) (520,000) (824,000) 105700 560404 MCC - GO - Advance 520,000 520,000 Request from Tax Administration for approval of November refunds and releases: Everything was in order. This item was placed on the consent agenda. Request from the Deputy Clerk to the Board for approval of minutes from the meetings on December 5 and 12, 2017: There were no corrections or comments. This item was place on the consent agenda. (Adjustment) Monticello and Ebenezer Schools Memorandum of Understanding: County Manager Ron Smith said this has been discussed and reviewed multiple times by the school system. This is an arrangement where the Sheriff's Office will vacate the primary facility at Ebenezer, except for the gym, and re -locate at Monticello. The Sheriff's Office will occupy Monticello, including gym, along with the gym at Ebenezer. The agreement will be in place for five years and includes an escape clause if Ebenezer is ever sold. This item was placed on the consent agenda. UNFINISHED BUSINESS Troutman Fire Code: County Manager Ron Smith said the Town of Troutman removed Appendix D from their ordinance which solved issues that were discussed before. Appendix D put into place a requirement for a 31 lot threshold with spacing requirements for subdivisions. Removing this appendix does not necessarily say that all new subdivisions only have to have one entrance. The Fire Marshal's Office has the ability to require, through the code, as many access points has deemed necessary. By removing Appendix D, it takes the prescription out of the requirement. Now the Fire Marshal has the ability to be more flexible. Therefore, through the subdivision review process with the Town, there will be a main entrance and a secondary emergency access that the Fire Marshal is satisfied will meet the intent of the code. The access just needs to be enough for a truck to cross. Enough gravel or whatever surface that will carry the load of the truck. December 19, 2017 code. Commissioner Houpe asked why Appendix D hasn't been removed from the County's Smith said this would make it a case by case bases. Fire Marshal David Souther said Appendix D sets the specifications if more than one entrance is required. Without Appendix D it is at the discretion of the Fire Marshal. Smith said the ordinance can be reviewed if requested. Commissioner Houpe said that as long as the Fire Marshal is "good" then he agrees not to change anything in the County's ordinance. Smith said most new residential development is using municipalities' utilities. The remainder of the County will not be dealing with this issue. Chairman Mallory said one of the issues with subdivisions is the trend in transportation to have fewer cuts in order to create better traffic flow. The request is to approve the amended MOU that was adopted by the Town of Troutman. This item was placed on the consent agenda. Commissioner McNeely said a new fire code will be implemented in 2019 which means the Board may need to look at the entire code at some point. Concealed Carry: Strategic Planner Ben Stikeleather said there was a survey taken from county departments that would be eligible for the concealed carry option. The results were: 38% responded; 70% of respondents are in favor to allow staff to carry concealed; 54% of supervisors are in favor of staff carrying concealed; 25% would prefer metal detectors at their facility. Of those that were against; 25% had concerns that the current mental health evaluation required by the State was not adequate; 20% listed concerns of accidental shootings, a lack of proper training, and escalated disputes between employees; 20% of those against said there is nothing the County can do that would change their mind to favor concealed carry. For reference the 20% that are against was only 6% of the respondents. Vice Chairman Bowles said it was never the intention of this Board to place the responsibility of safety on the employees. It was the intention to not remove or prohibit one's right to defend themselves. Commissioner McNeely said metal detectors require additional staff. Commissioner Houpe would like this report to be presented at 7:00 for the public and then make a motion at that time. Chairman Mallory asked if the proposed policy and/or ordinance changes had any other suggested changes. Stikeleather said the concern of additional training has been addressed in the policy. The concern of disputes and metal health really has no way of addressing within a policy. Commissioner McNeely asked if drug testing was addressed. Stikeleather said no. There is a random drug testing pool but only for safety sensitive positions which basically includes employees that operate county vehicles and/or equipment. December 19, 2017 Commissioner McNeely feels if an employee would like to carry but they are not in the random drug pool then they should be added. Chairman Mallory feels that anyone who is carrying a concealed weapon has chosen to be in a safety sensitive position. Valdez said this would need to be reviewed/explored through employment law because there may be issues associated with adding that requirement if the employee's position is not safety sensitive. Commissioner McNeely suggested to review this policy in a year and research the procedure to add other employees to the random drug testing policy. Valdez said that safety sensitive refers to the job description and not because they choose to carry concealed. Chairman Mallory said employees are applying to carry concealed and therefore they should have to consent to drug testing. Commissioner Houpe said additional training is required which is above state law and state law does not require drug testing for gun permits. Commissioner Norman said drug testing should be for all employees anyway. Valdez said there are issues as to when you can random drug test based on a safety sensitive position. Chairman Mallory said the entire random drug testing procedure should be reviewed. Commissioner Houpe said it shouldn't be tied to concealed carry but to the general policy. Resolution for naming a courtroom: Chairman Mallory said Judge Joe Crosswhite has joined the audience and would like to discuss the resolution concerning naming courtrooms. There has never been a policy for such. Crosswhite said there's never been a policy within the Bar Association either. Currently there are no courtrooms named after anyone. Other counties have done this, however, it is not a common thing. It could be done, but there is a limited number of courtrooms and at some point someone will have to be told no. Commissioner Houpe reported that a concerned citizen was not against recognizing the person but was concerned about setting a precedence. He suggested that someone inform the Bar Association that this Board may choose not to adopt this resolution but that it is not personal and not a slight toward anyone. Crosswhite said he would be glad to share that with the Association. Chairman Mallory said it really isn't a decision but there needs to be an agreement of who is "the gate keeper." Therefore, when such a request comes before this Board, then it could be vetted by the Bar Association or an appropriate committee. Crosswhite suggested to return it to a group like the Bar Association to create a policy where such requests could be administered fairly after consideration. Crosswhite believes the original intent was to honor someone that is widely known but potential problems down the road were not contemplated. Crosswhite suggested to let the Bar Association create a fair way to December 19, 2017 administer and allow them to decide among the limited numbers of courtrooms who would get the space. Commissioner Houpe suggested that Judge Joe Crosswhite meet with the Justice Task Force and report back to the Board of Commissioners. OTION by Commissioner Norman to enter into closed session at 5:55 PM. VOTING: Ayes — 5; Nays — 0 The Board recessed at 6:55 PM until the regular meeting at 7:00 PM. IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES December 19, 2017 The Iredell County Board of Commissioners met in regular session on Tuesday, December 19, 2017, 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 Tommy Bowles Gene Houpe Jeff McNeely Marvin Norman Staff present: County Manager Ron Smith, County Attorney Lisa Valdez, Deputy County Manager Beth Jones, Assistant County Manager Susan Robertson, Strategic Planner Ben Stikeleather, and Clerk to the Board Retha Gaither. silence. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA County Manager Ron Smith made the following adjustments to the agenda: Add: Administrative Matters — VIII.8 Discussion about the lease of Monticello and Ebenezer Schools; Unfinished Business — Concealed Carry Ordinance. Remove: Unfinished Business — Health Department access. PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition and adoption of a resolution honoring Edmund (Eddie) L. Gaines: Chairman Mallory said this item will be coordinated with the Iredell County Bar Association and court staff to determine what policy should be in place to recognize attorneys and court personnel for their service to the community. December 19, 2017 APPOINTMENTS BEFORE THE BOARD Request from Bryon Duncan, Director of ICARE, Inc. to present the annual Community Services Black Grant anti -poverty plan: Duncan said the application, a copy of which was included in the agenda, represents a three-year plan that is required to be developed and submitted to the State. The most common needs of low-income families are transportation, housing, and employment. However, one item that was highlighted this year was situational poverty. Disability is one contributing factor to situational poverty. ICARE helped 29 families move out of poverty, public assistance dependency was reduced by 29%, 25 people obtained employment, II obtained jobs with medical benefits, average pay rate was just over $10 per hour, 25 completed education and training programs, 8 secured standard housing, and 22 received emergency assistance. This year office staff will be reduced to four to deploy this program between Alexander and Iredell Counties. However, staff has been challenged to maintain the same level of service. Program Director Shelton Moore gave a brief report on self-sufficiency programs. The goal is 70 participants between Alexander and Iredell County with 57 from Iredell and 13 from Alexander due to funding between the two counties. The funding provided must be spent in the respective county, Commissioner Houpe asked if legislators had been contacted concerning more funding for situational poverty. Duncan said the largest challenge with citizens in those situations is that they don't know about the agency. Commissioner Houpe said they don't know about all of the resources that can help them which needs to be addressed. It was required that this report be presented to the Board but no action was needed Request from the Finance Department to present the June 30, 2017 Audited Financial Statements: Finance Director Deb Alford said it is a requirement for the County to be audited every year by an independent outside auditing firm. The audit season for June 30, 2017 has just been completed which resulted in a clean audit opinion. Alford publicly thanked Assistant Finance Director Susan Cornell and Budget Analyst Caroline Taylor who gave many hours of assistance with the audit. Alford introduced Cassie Wilson, auditor with Martin Starnes Associates. Wilson said Martin Starnes issued an unmodified opinion which is a clean report. Both the finance and the single audit compliance were complete with unmodified opinions on both. Wilson thanked all departments involved for the cooperation with the audit. Wilson gave a brief summary of the audit ending June 30, 2017. The General Fund total fund balance ended at $92,824,719.00 which was an increase over the prior year. The fund balance by percentage is 22%. Wilson said there is a new standard related to Other Post -Employment Benefits that are offered. This standard is requiring the full liability for other post -employment benefits to be recorded on the books at full accrual. Therefore, the Government -wide Schedules in the front of the statement report will have a re -statement next year for this new standard that's being implemented and full the liability is recorded. This also affects any enterprise funds that Other December 19, 2017 7 Post -Employment Benefits is allocated to for those expenditures as well. There will be a re- statement for those enterprise funds that have OPEB liabilities. This is expected to be a significant impact especially for the Govemment-Wide. It will be less of an impact on the enterprise funds because the percentage of allocation to those funds isn't as much. But for any funds that have a smaller fund balance for the enterprise funds, it is important to make sure that as soon as the actuary report is completed, which a new one is required for the year to be in compliance with the new standard changes, that it is analyzed. Any bond covenants, or anything that is restrictive, that this is taken into consideration whether OPEB is included in those calculations in order to have no significant issues. Wilson added that one of the bigger changes is with compliance. The State Auditor is requiring the agreed upon procedures for compliance to come back. An email has been sent to inform all units of the changes coming. This is a completely separate engagement where the State Auditor will tell, per county, what the population is necessary to test for which programs and the State Auditor will give the procedures. There will be specific testing requirements to meet and the information will be part of the State reporting for North Carolina to comply with Medicaid and other programs. Chairman Mallory asked if the new standard for OPEB is nation-wide or state-wide. Wilson said it is the Governmental Standards Board that is implementing this. Recording the full liability is across the state of North Carolina but do not know about other states. Chairman Mallory asked about the impact on ratings if other states are not reporting or report differently. Wilson said it is important to make sure that when it comes to that information, what is included and those calculations/analysis of the ratings, that OPEB is not included. This year's report has a re -statement. LEO (Law Enforcement Officer) liability was put on but there was a re- statement from that. Next year is OPEB's year to have it implemented and have full liability recorded. It is trying to be more transparent with what the future liability may be but it is an estimate and up to the actuary to be in compliance with the standard and meet those requirements for the calculation. Commissioner Houpe asked for a hard copy of Wilson's presentation. He thanked staff for all the hard work. Chairman Mallory expressed appreciation for the professional interaction with staff. Commissioner McNeely expressed appreciation for the Finance Department for ajob well done. The report shows that the local sales tax increased almost 5% which is a wonderful number to see. If income dollars are spent in Iredell County the tax base will grow! PUBLIC HEARINGS Public hearing for the consideration of an economic development incentive for Project Xi: Iredell County Economic Development Corporation Director Russ Rogerson presented Project Xi. This company has potential plans to locate in Iredell County with a final decision hopefully by January. They are an international manufacturer that is considering the purchase of a facility and add a significant amount of machinery and equipment. This project will create up to 91 full time positions with wages paying $23 per hour or almost $48,000 per year. They will generate up to December 19, 2017 8 $16 million in new tax investment with $15 million in equipment. This project is expected to be completed in 2018. The request is for an incentive to be granted for Project Xi in the amount of up to $62,000 per year for five years totally not to exceed $310,400. Chairman Mallory opened the public hearing. No wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner McNeely to approve an economic incentive for Project Xi up to $310,400 over a five year period based on an investment range between $10 and $16 million in Iredell County. VOTING: Ayes — 5; Nays — 0 ADMINISTRATIVE MATTERS County Manager Ron Smith summarized the consent agenda: • Request from the Facility Services Department for approval of an agreement with the Iredell County Architect to cover insurance requirements for his services. • Request from Mooresville Fire & Rescue for approval of $19,430 and budget amendment #17 to allow them to spend from their reserve to purchase equipment. • Request from the Finance Department for approval of budget amendment #19 in the amount of $520,000 to advance General Obligation Bond proceeds to Mitchell Community College. These will be reimbursed back to the County when the bonds are actually issued. • Request from Tax Administration for approval of the November refunds and releases. • Request from the Deputy Clerk to the Board for approval of minutes from the meetings on December 5 and 12, 2017. • Approval of a Memorandum of Understanding with Iredell-Statesville Schools concerning Monticello and Ebenezer Schools. • Approval of a Memorandum of Understanding with the Town of Troutman to perform their fire inspection services through Iredell County's Fire Marshal's Office. OTION by Commissioner Norman to approve the consent agenda. VOTING: Ayes — 5; Nays — 0 Request from the Finance Department for approval of budget amendment #18 to appropriate $342,724 to MCC to purchase the old Davis Hospital site: County Manager Ron Smith said this has been a three year process. In the last year the demolishing of the hospital and remediating the asbestos has been completed. This is probably the last act for this site by this Board to actually appropriate the funds to cover the purchase and all the work that has been done. Originally the County appropriated $254,000 of the total price of $404,000. The remaining $150,000 was split equally with the City of Statesville and Mitchell Community College. There were some additional costs along the way with AAA Environmental at $27,183; discovery of additional tunnels $50,539; and all other various costs at $11,000. All together totally $342,724.00. December 19, 2017 9 County City MCCEE Grant State Funds Grand Total Funds "Appropriated" Originally $ 254.000.00 S 75,000.00 $ 75,000.00 $404.000.00 Grant - already received $ 250,000.00 $ 250,000.00 AAA Environmental $ 27,183.33 $ 27.183.33 $ 27,183.33 $ 81,550.00 Tunnels $ 50,539.99 $ 5M39.99 $ 50,539.99 $ 151,619.98 December 19, 2017 9 Amount remaining to be split 1 $ 11,000.01 1 $ 11.000.01 1 $ 11,000.01 1 1 $ 33,000.02 Totals I $ 342.723.33 1 5 163.723.33 1 $ 163.723.33 1 5 250.000.00 1 $ 920.170.00 Commissioner Houpe said the feedback in the community has been phenomenal to the City, Mitchell and the County for the work to clean-up the neighborhood. Even though there were additional expenses, however, due to the cost avoidance that were not incurred with dump fees, the amount is still within the original allocation. Vice Chairman Bowles said this has been a long hard road and expressed appreciation to staff and legal representation for staying with it. Once the new building is complete it will be well worth the effort. OTION by Commissioner Norman to approve budget amendment #18. VOTING: Ayes — 5; Nays — 0 BA#18 To appropriate 5304,000 from fund balance to Mitchell Community College for costs at the 12/19/2017 new building site. Account # I Current Budget Chane Amended Budget 104880 499302 Appropriated Fund Balance - MCC (342,724) (342,724) 105700 560403 MCC - Capital 1,908,510 342,724 2,251,234 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS Historic Properties Commission — 1 appointment. David Fago has volunteered to serve. MOTION by Commissioner Houpe to approve Mr. Fago. VOTING: Ayes — 5; Nays — 0 UNFINISHED BUSINESS Chairman Mallory stated the Troutman Fire Code was dealt with under the Consent Agenda. The Health Department access discussion has been deferred. Concealed Carry Ordinance: Strategic Planner Ben Stikeleather reported that a survey of employees was conducted to gather the opinions concerning a concealed carry policy amendment. Back ground about the policy was provided and hard copies of the survey was provided to those that do not have access to computers. Survey results were: 38% responded. Out of the respondents: 78% were in favor of allowing staff to carry concealed if they wish. The survey also asked what other options the County could do to make employees feel safer and 25% of the respondents requested metal detectors. Within the 30% of respondents that were against concealed carry, 25% were concerned there were not enough mental health checks through the State regulated concealed carry policy and 20% named accidental shootings, lack of training, or internal disputes that could escalate, and approximately 20% were firmly against fire arms in general. Commissioner Houpe expressed appreciation to staff and county attorney for the due diligence put into this matter. Vice Chairman Bowles commented that this is a component of a larger piece of legislature that began two years ago. The first piece was to try make employees safer along with everyone December 19, 2017 10 that ingresses and egresses through county buildings. This began with active -shooter training which was successfully completed. The second component was to make the buildings safer by knowing who is in and where they are inside the building. Limited access to public buildings has come with criticism. This Board has wrestled with the concealed carry portion. This effort was not to put safety back on the employee but an effort not to take that right away. This has been a well thought out process and maybe in a couple of years it will need to be tweaked. Smith said this is an amendment to the Personnel Policy and the Iredell County Code of Ordinances. Chairman Mallory expressed appreciation to the General Government Task Force and staff who have crafted a very thoughtful and cogent approach to the issue. The safety and security of employees is a paramount concern. MOTION by Commissioner Houpe to approve the concealed carry ordinance and amendments to the Iredell County Personnel Ordinance and Chapter 10.5 of the Iredell County Code of Ordinance as written and presented to the Board. VOTING: Ayes — 5; Nays — 0 xxx++ Iredell County Personnel Policy Section 8. Workplace Violence It is the Policy of Iredell County to promote a safe environment for its employees. The County is committed to working with its employees to maintain a work environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior. A. Violence, threats, harassment, intimidation, and other disruptive behavior in our workplace will not be tolerated. All reports of incidents will be taken seriously and will be dealt with promptly and appropriately. Such behavior can include, but is not limited to, oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm. Acts of violence include: "physical violence" — the unjustified threat of future or immediate physical injury upon another under circumstances where the ability to carry out the threat appears reasonable, imminent, or any physical action such as hitting, kicking, or action causing physical injury. "verbal hostility" — verbal threats toward persons or property, the use of vulgar or profane language toward others, disparaging or derogatory comments or slurs, offensive sexual flirtations and propositions, or verbal intimidation. The term also includes language which, although not derogatory to the personal attributes of another, is unduly harsh or severe in relationship to the business purpose for which it is utilized; i.e., profanity. "visual hostility"—derogatory or offensive posters, cartoons, drawings, or publications. B. Employees are responsible for refraining from participating in violent actions. Employees are also asked to cooperate in maintaining a safe working environment. Do not ignore violent, threatening, harassing, intimidating, or other disruptive behavior. If you observe or experience such behavior by anyone on County premises, report it immediately to a Supervisor or Department Head. Supervisors and Department Heads that receive such reports should investigate the incident and initiate appropriate action. Threats or assaults that require immediate attention by Police should be reported first to police at 911. C. Unless authorized by federal, state or local law, under no circumstances are the following items permitted on County property, including parking areas: all types of firearms, switchblade knives or explosives and other objects carried for the purpose of injuring or intimidating. Employees with a valid concealed carry permit that wish to carry concealed in the workplace must comply with the,Jollowing provisions: December 19, 2017 I 1 1. Must abide by all federal, state and local Taws pertaining to carrying a concealed handgun, including, but not limited to the abiding by the locations where concealed carry is prohibited. 2. Must be in good standing with all County, State and Federal laws and policies. 3. Must notify Iredell County Human Resources of their intent to carry a concealed handgun at the workplace. 4. Must complete an annual mandatory training provided by Iredell County. 5. Must complete an acknowledgment and consent form upon the completion of the annual training accepting all liability if they act outside of any federal, state and Local laws pertaining to the concealed carrying of handguns. 6. Must keep all handguns: a. Safely secured on their person or in a holster on their person, or b. Locked securely in the employee's vehicle, or c. Locked securely in a personal gun case that is securely affttxed in a locked compartment in the employee's of that is accessed solely by the concealed carry permit owner. 7. Must remove and take the handgun with them when leaving Iredell Countyfacilities. 8. Must consent to criminal background checks conducted by or on behalf of the County, to be conducted at the sole discretion of the County. Employees who fail to comply with this provision may be subject to disciplinary action. D. Because of the great value placed on the safety and well-being of employees by Iredell County, substantiated incidents of violence will be considered "Failure in Personal Conduct" and the employee will be subject to disciplinary action up to and including dismissal. E. Since most serious incidents of workplace violence represent a personal crisis that the individual is unable or unwilling to solve alone, intervention at an early stage provides the individual with the necessary assistance to resolve these issues, prevent escalation, and allow continued productive employment Employees who arc experiencing a personal crisis arc encouraged to seek help through the County's Employee Assistance Program. Attendance is confidential and the program provides advice, assessments, and treatment plans based on individual evaluations. F. Supervisors and Department Heads can also utilize the Employee Assistance Program to develop intervention strategies and make decisions that will prevent violent incidents from occurring. G. Regardless of whether authorized by federal, state or local law, weapons of any kind are strictly prohibited in all disciplinary and grievance proceedings, including meetings and/or hearings with any co-worker, Supervisor, Department head, member of Administration or member of the Personnel Advisory Committee. Iredell County Code of Ordinances Chapter 10.5—PUBLIC PROPERTY See. 10.5-1. — Title. This chapter shall be known as the "Public Property Ordinance." (Ord. of 12-7-99) See. 10.5-2. — Definitions. County rnanager. The "county manager" shall mean the person appointed by the Iredell County Board of Commissioners as manager (acting, interim, or permanent) of Iredell County. Facilhv. "Facility" shall mean any building, structure, or improvement owned by or leased by Iredell County or otherwise under its dominion or control Facili1v manager. The "facility manager" shall mean the December 19, 2017 12 person designated by the county manager as the person in charge of any facility or property of Iredell County, which person shall have the authority to grant permission for the use of said facility or property, to persons other than employees m officials of Iredell County. Property. "Property" shall mean any property owned or leased by Iredell County or otherwise under its dominion or control. (Ord. of 12-7-99) (a) Sec. 10.5-3. — Time restrictions for county property and facilities; authority; exceptions. (b) (c) It shall be unlawful for any person to trespass or to be on or upon any property of facility between the hours of six o'clock p.m. and six o'clock a.m. on any weekday and between six o'clock p.m. on Friday and six o'clock a.m. on Monday without written permission of the county manager or the facility manager. The county manager shall be in charge of all property and facilities. The county manager may designate a person or persons to be in charge of each facility (the facility manager). This chapter shall not apply to (i) county employees or officials in the discharge of their duties; (it) persons in attendance at a meeting sponsored by a governmental, civil, or non-profit agency for which the facility manager shall have given permission to use the property or facility; (iii) any other person with permission from either the county manager or the facility manager. (Ord. of 12-7-99) Sec. 10.5-4. — Failure to leave. It shall be unlawful for any person to fail to leave any property or facility after having been asked to leave by the acting facility manager. (Ord. of 12-7-99) Sec. 10.5-5. — Facility rules and regulations. It shall be unlawful for any person to violate any rule m regulation pertaining to any property or facility, including but not limited to rules or regulations pertaining to hours and places of parking vehicles, use of parking Tots or parking areas, use of buildings, and littering upon grounds or in buildings. (Ord. of 12-7-99) Sec. 10.5-6. — Prohibited activities. It shall be unlawful for any person to use any property or facility other than areas designated in public parks for that purpose for skateboarding, roller blading, skating (in-line or otherwise), congregating, playing of music, biking (motorized or self-propelled), or staging, playing or participating in any game. (Ord. of 12-7-99) Sec. 10.5-7. — Loitering on county property or facilities. December 19, 2017 13 It shall be unlawful for any person to loaf, lounge, or loiter near, on or about the parking or sidewalk areas of any property or facility. Nothing herein shall be construed, however, as prohibiting those with lawful business at any property or facility from attending to such business, and this chapter shall not apply to persons with lawful business upon any property or facility. See. 10.5-8. — Penalty. Violation of any provision of a 1, p , � 7 is a misdemeanor and is punishable as provided in i w, 1 '(a) and (b) of Chapter I of the Iredell County Code. See. 10.5-9. —Weapons prohibited on County property. Except as provided in subsection (b) below, all persons are prohibitedfrom possessing weapons, including concealed weapons as defined in G.S. 14-269(a), in any building or recreational facilities owned or operated by the County. (a) This prohibition shall not apply to the following persons: (I) Of and enlisted personnel of the Armed Forces ofthe United States when in discharge of their of duties as such and acting under orders requiring them to carry, weapons. (2) Civil officers of the United States while in the discharge oftheir of duties. (3) Officers and soldiers of the militia and National Guard when called into actual service. (4) Sworn /an, enforcement officers. (5) Animal control officers when in discharge of their official duties as such and acting under governmental policies or regulation authorizing them to carry weapons. (6) Any person who has a valid concealed handgun permit issued in accordance with Chapter 14 Article 54B of the North Carolina General Statutes or considered valid under NCGS-14-415.24, and the person is carrying the concealed handgun in accordance with scope of the handgun permit as set out in NCGS 14- 415.11. This provision does not otherwise authorize said person to carry or possess a concealed or deadly weapons) itemized in NCGS 14-269(a). (7) Any other person authorized to carry concealed weapons pursuant to NCGS 14-269 (as amended). (b) With the exception of those persons permitted to carry concealed weapons pursuant to NC General Statue 14-269(b), no person is authorized to carry concealed weapons at the following County -owned Property and/or facilities: (1) Schools or education property (2) Areas ofpublic demonstrations, riots, civil disorder or other disturbances (3) Buildings where State or Federal Agencies reside to include courthouses (4) Law Enforcement Facilities (5) Recreational facilities, as defined in NCGS 14-415.23 (c•) A conspicuous notice shall be posted at each entrance to any County -owned Property set forth in subsection (a) above stating, "Possession of a Concealed Handgun is Allowed Pursuant to NCGS 14-269. All other Weapons Prohibited. " (d) Penalties: (1) Any person in violation of this section shall be guilty of a misdemeanor and upon conviction shall be fined five hundred dollars ($500.00) or imprisoned for six (6) months or both. (2) Weapons possessed in violation of this section are hereby declared to be contraband. The Sheriff or his designee shall hold such weapon for disposal pursuant to court order. In the absence of any court order, the weapon may be disposed of in a manner authorized by NCGS 14-269.1. December 19, 2017 14 (3) Should any provision of this section be declared invalid or unconstitutional by any court of competent Jurisdiction, such declaration shall not affect the validity of the section as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. No one wished to speak. PUBLIC COMMENT NEW BUSINESS Commissioner Houpe wished everyone a Merry Christmas and thanked the staff for their work all year long. COUNTY MANAGER'S REPORT County Manager Ron Smith gave updates on the following: • On Harrill Street, near the jail, there is an area that will be used as a lay -down area for materials and will be fenced in with security lights. This will be maintained and not detrimental to the neighborhood. • Footings are being dug on both sites and progress is being made. • County offices are closed Monday and Tuesday, December 25 and 26. CLOSED SESSIONS Chairman Mallory reported that the Closed Session items were concluded after the pre - agenda meeting and there were no action items to report. ADJOURNMENT MOTION by Commissioner Norman to adjourn at 8:15 PM. The next regular meeting will be Tuesday, January 2, 2017, 5:00 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 December 19, 2017 15