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HomeMy WebLinkAbout2-4-2020 1 February 4, 2020 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES February 4, 2020 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, February 4, 2020 at 5:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government Center 200 South Center Street, Statesville, NC. Board Members Present Chairman James Mallory Vice Chairman Tommy Bowles Gene Houpe Marvin Norman Ken Robertson Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Debra Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: There were no adjustments to the agenda. PUBLIC HEARINGS Public hearing to consider a request from Jonathan Myers to rezone a parcel consisting of approximately .77 acres along Alcove Road, adjacent to I-77 and the Town of Mooresville, from Residential Agricultural (RA) to Residential Office (RO): Planning Director Matthew Todd said approval of the rezoning would permit office uses on the property. There is an existing house on the property and although the applicant plans to use the house, they can tear it down. Todd said there has been no opposition to the rezoning request and Planning Board voted 9-0 in support of the request. Chairman Mallory asked if there is any indication the applicant may apply for annexation. Todd said the property does not need water and sewer right now. Vice Chairman Bowles said there is some concern over the height of buildings in the area and asked the height restriction for RO. Todd said 35 foot. Public Hearing to consider a proposed text amendment to the Land Development Code: Planning Director Matthew Todd said there is an area near the airport that is overly restrictive that staff has been dealing with for years and it was amended a few years ago to allow for up to 50-foot. Staff found that was not working because of conflicting information from the FAA that something over 50 feet would not be a hazard and the Airport Manager agreed. Staff worked with the airport consultant and airport manager to draft a text amendment to deal with this specific issue and allow a structure to go above the height restrictions with a determination of no hazard from the FAA and written consent from the Airport Manager saying there are no 2 February 4, 2020 issues along with other requirements in the Code. Staff felt it was important for the airport manager to weigh in because the FAA is looking at only what is existing today, but the Manager can consider future plans for the area. Commissioner Houpe said the Airport Commission agrees with the text amendment. ADMINISTRATIVE MATTERS Request from Fire Services to appoint Kaylynn Murn to the Shepherds Volunteer Fire Department Relief Fund Board of Trustees, as required North Carolina General Statute 58-84-46: Emergency Management Director Kent Greene said the Relief Fund Board of Trustees are charged with certifying that membership is eligible under the State’s Volunteer Fire Retirement System. The current Chairman Carmen De Andrea is coming and Kaylynn Murn will take his place on the Board. Vice Chairman Bowles asked if this was previously known as the benevolence fund. Greene said the benevolence is to help firefighters in need. The Relief Fund Board of Trustees strictly deals with the Volunteer State Firefighters Retirement system. This item was placed on consent. Request from Emergency Medical Services to for approval of budget amendment 21 to allocate donated funds towards the Community Response Support Team efforts: EMS Director Blair Richey requested approval of a budget amendment to appropriate donations for the Community Response Support Team. The funds will go towards the purchase Naloxone, which cannot be done with any of current grant money as well as supporting other initiatives that decrease the barriers treatment for substance use individuals. Chairman Mallory said it is great to see the community is helping the County in ways where not only public dollars are being spent, but the funds are expended for things that County would have difficulty being able to legally support. Richey said one of the organizations who donated $6,000 contacted the County because they heard of the good that EMS is doing within the community. This item was placed on consent. Request from Tax Administration for approval to renew a legal contract to provide tax foreclosure services for Iredell County: Tax Administrator Bill Furches said Attorney Mark Bardill with Zacchaeus Legal Services, has served as the County’s foreclosure attorney since 2012. Furches explained Bardill produced $8,575,000 in tax payments. He has been assigned 1,084 cases and settled 839. The remaining 245 cases are still open. There is a 5% increase in fees, which are paid by the taxpayer or purchaser. Furches requested approval to renew the contract. County Attorney Lisa Valdez has reviewed the contract. This item was placed on consent. 3 February 4, 2020 Request from Tax Administration to report on Unpaid Taxes that are Liens on Real Property and set advertising date: Tax Administrator Bill Furches said there is $4,875,000 outstanding in real property and $5.6 million left to collect. Thus far, $127,521,0 00 has been collected creating a 95.78 collection rate, 30 basis points above last year. Furches requested approval of the report and set March 18, 2020 as the advertising date for unpaid properties. This item was placed on consent. ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARDS & COMMISSIONS Juvenile Crime Prevention Council – 1 appointment Nikki Kahill has volunteered to serve for the first time. Recreation Advisory Board – 1 appointment Retha Gaither, Pamela Reidy, and Melissa Simmons have volunteered to serve for the first time. Chairman Mallory noted Reidy has significant professional experience in recreation. Commissioner Houpe said the Recreation Advisory Board voted, by majority, to recommend Melissa Simmons. Chairman Mallory said the vote took place since the last Commissioners’ meeting. Commissioner Robertson said if the advisory board has found someone they would like serve, he inclined to accommodate. UNFINISHED BUSINESS (None) NEW BUSINESS (None) COUNTY MANANGERS REPORT County Manager Beth Jones gave an update on the following items:  Board of Commissioners’ Winter Planning Session Friday and Saturday, February 21 & 22, 2020 at the Iredell County Library – Statesville Branch. The Board moved into Closed Session at 5:22PM. 4 February 4, 2020 IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES February 4, 2020 The Iredell County Board of Commissioners met in regular session on Tuesday, February 4, 2020 at 7:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chairman James Mallory Vice Chairman Tommy Bowles Gene Houpe Marvin Norman Ken Robertson Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Debra Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of silence or reflection. PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA There were no adjustments to the agenda. MOTION by Commissioner Norman to approve the agenda as presented. VOTING: Ayes – 5; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Request from Fire Services and Emergency Management for adoption of a resolution recognizing Ebenezer Volunteer Fire Department for improving their insurance rating from a Class 6/9 to a Class 4/9: Emergency Management Director Kent Greene said the County has spent several years investing in the fire service to lower insurance ratings. The lower the rating the better. Ebenezer Volunteer Fire Department lowered their rating from Class 6/9 to a Class 4/9. Chief Whitlock was present on behalf of the department. Chairman Mallory congratulated Chief Whitlock and the department on a job well done and for all the time and effort to meet the stringent standards for the benefit for the citizens in Ebenezer’s fire district. MOTION by Vice Chairman Bowles to the resolution. 5 February 4, 2020 VOTING: Ayes – 5; Nays – 0 A RESOLUTION OF THE IREDELL COUNTY BOARD OF COMMISSIONERS RECOGNIZING AND HONORING THE EBENEZER VOLUNTEER FIRE DEPARTMENT FOR ACHIEVING AN IMPROVED INSURANCE RATING OF CLASS 4/9. WHEREAS, the North Carolina Office of the State Fire Marshal (OSFM) helps insurance companies across the state set their premiums by evaluating local fire departments; and WHEREAS, OSFM ratings are based on a variety of measures having to do with almost every aspect of a fire department, from training to apparatus to water supply; and WHEREAS, the availability of water alone accounts for 40 percent of the rating, making it very difficult to areas without widespread fire hydrant systems to attain good ratings; and WHEREAS, many residential insurance and commercial insurance companies rely upon OSFM ratings; and WHEREAS, OSFM uses a Fire Suppression Rating Schedule (FSRS) and a Public Protection Classification (PPC) to analyze data collected from the system; and WHEREAS, in the PPC system, lower is better; and WHEREAS, lower ratings mean savings to residential and commercial property owners; and WHEREAS, only 19 percent of fire departments rated under the PPC have achieved a Class 4 rating; and WHEREAS, as of the last rating the Ebenezer Volunteer Fire Department area was a Class 6/9, and effective April 1, 2020 the PPC rating is lowered to Class 4/9; NOW, THEREFORE, the Iredell County Board of Commissioners resolves: To recognize the hard work and dedication of the men and women of the Ebenezer Volunteer Fire Department and the consistently strong support of the community in achieving this improved rating to assist in lowering insurance costs to property owners throughout the service area. APPOINTMENTS BEFORE THE BOARD (None) PUBLIC HEARINGS Public hearing to consider a request from Jonathan Myers to rezone a parcel consisting of approximately .77 acres along Alcove Road, adjacent to I-77 and the Town of Mooresville, from Residential Agricultural (RA) to Residential Office (RO): Planning Director Matthew Todd said the property is surrounded by Mooresville jurisdiction. Staff supports the request because the 2030 Horizon Plan calls for the area to be corridor commercial, and it is adjacent to I-77. The Planning Board voted unanimously in support of the request. Todd said the RO zoning designation fits in well with the existing residential area. Although the applicant plans 6 February 4, 2020 to use the single-family residential home on the property, it can be torn down and build a new office building. Commissioner Houpe asked if there was any opposition. Todd said there was no opposition at the Planning Board but staff received calls with questions, but no direct opposition. Vice Chairman Bowles asked if the applicant is asking for utilities from th e Town of Mooresville. Todd said the applicant plans to use the existing well and septic on the property. Chairman Mallory asked the height restriction in RO. Todd said 35 feet for a house, but if the applicant decides to tear the house down, and build a new building, the restriction is 50 feet. Todd explained the applicant would not able to build a 50-foot structure on well and septic and this size lot. Therefore, at that point they would request water and sewer from the Town, which leads to annexation. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Vice Chairman Bowles to approve the zoning map amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan, and that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because it is within the Corridor Commercial designation, it is adjacent to I-77 and other existing commercially used properties, and traffic impacts should not exceed road capacity. VOTING: Ayes – 5; Nays – 0 Iredell County PLANNING & DEVELOPMENT PLANNING STAFF REPORT REZONING CASE # 2001-1 STAFF PROJECT CONTACT: Leslie M. Meadows EXPLANATION OF THE REQUEST This is a request to rezone an approximately .77 acre parcel along Alcove Road, adjacent to I -77 and the Town of Mooresville, from Residential Agricultural (RA) to Residential Office (RO). This is a straight rezoning and no conditions are proposed at this time. OWNER/APPLICANT 7 February 4, 2020 OWNER/APPLICANT: Mr. Jonathan Myers PROPERTY INFORMATION ADDRESS/LOCATION: 287 Alcove Road; more specifically PIN#: 4645663676.000. SURROUNDING LAND USE: There are residential agricultural uses directly to the north, south, & west. The I -77 corridor is directly to the east. SIZE: The total acreage to be rezoned is approximately .77 acres. EXISTING LAND USE: Residential property with brick, ranch-style SFD. Has been vacant for approximately 3 years. ZONING HISTORY: This property has been zoned Residential Agricultural (RA) since county-wide zoning was established in 1990. OTHER JURISDICTIONAL INFORMATION: This property is located adjacent to the Town of Mooresville’s Urban Service Area. Mooresville’s Planning Department stated that this request is in keeping with their One Mooresville Land Use Plan, as this property is within an area they designate as Mixed Use Corridor. In order to increase mobility for pedestrian and bicycle traffic, the One Mooresville Land Use Plan envisions minor thoroughfares; such as Alcove Road, to eventually include street trees/landscaping, wide sidewalks and/or bike lanes, str eet furniture/art, and bike racks. OTHER SITE CHARACTERISTICS: The property is located within the regulated WS-IV-CA Catawba/Lake Norman Watershed Critical Area. However, because the parcel is under an acre, watershed density restrictions do not apply. The property is not within a flood hazard zone. UTILITIES: This site is currently served by well and septic. However, it is within the water service area of the Town of Mooresville. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: The closest and most recent traffic count is to the north of the site, along Alcove Road just before Edgeway Road, which had a traffic count of 3,800 vehicles per day in 2017. The CRTPO Comprehensive Transportation Plan considers this section of Alcove Road an existing minor thoroughfare. Current capacity data is unknown. The speed limit along this section of Alcove Road is 45 mph. SCHOOLS: This is a commercial rezoning and should have no implications on local schools. EMERGENCY SERVICES: This proposal has been reviewed by the Iredell County Fire Marshal’s Office and Iredell County EMS. Neither office addressed any concerns regarding the request. REQUIRED REVIEWS BY OTHER AGENCIES 8 February 4, 2020 LOCAL: The applicant must provide a commercial site plan to the Planning & Development Department for review in order to upfit the property. Zoning requirements such as parking, landscaping, and buffering will be reviewed at such time. Erosion & sedimentation control standards will also be reviewed for compliance. STATE: Other than building code, there should be no formal state agency review at this time. FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The applicant is requesting RO zoning at this site to convert the existing residence into a proposed reality office. The 2030 Horizon Plan calls for the parcel in question to support Corridor Commercial uses. Corridor Commercial areas are intended to include existing commercial, office, and/or retail uses that exist along major thoroughfares and highways or areas that will include commercial development in the future, and may contain both large and small mixed-use commercial centers. The purpose of these areas is to provide a mix of commercial/retail and office uses at critical nodes or activity centers along major roadways. The parcel is next to and directly faces I -77 traffic, so may no longer be ideal as a family residence. According to the applicant, the existing ranch -style home has been vacant for approximately 3 years. The parcel is just outside of the Town of Mooresville’s Municipal Planning area, on all sides, and is near other commercially used properties. Mooresville’s long-range Future Land Use Plan also identifies this parcel as part of a commercial Mixed Use Corridor. Thus, the site could easily be incorporated into and serviced by the town at some point in the future. The proposed use, realty office, should not generate a noticeable amount of increased traffic to the surrounding neighborhood, or exceed road capacity. The Planning staff can support the proposed rezoning request based on the following: The property is within the 2030 Horizon Plan’s Corridor Commercial designation; as well as being designated Mixed Use Corridor within the One Mooresville’s Future Land Us e Plan; it is adjacent to I-77 and other existing commercially used properties, and traffic impacts should not exceed road capacity. SITE REVIEW COMMITTEE: Jerry Santoni and staff visited site on December 20, 2019. PLANNING BOARD ACTION: On January 8, 2020, the Planning Board held a public meeting to hear the rezoning request. There was no public present in favor or in opposition. The board voted 9-0 to recommend in favor of the rezoning. Public Hearing to consider a proposed text amendment to the Land Development Code: Planning Director Matthew Todd said the Land Development Code has a specific section that regulates the heights of structure in the vicinity of the Statesville Regional Airport. Over the years amendments have been made to the section. Todd said the areas off the end of the runway seemed to get a little over restrictive on the height regulations and essentially read that a structure could not be erected taller than the elevation of the end of the runway. It was lifted to allow up to 50 feet, but there were still problems. Staff worked with the airport consultant and airport manager to craft a text amendment to deal with this specific issue allow a structure to go above the height restrictions with a determination of no hazard from the FAA and written consent from the Airport Manager saying there are no issues along with other requirements in the Code. Todd noted that the Planning Board voted unanimously in support of the text amendment. Commissioner Houpe asked if there was any opposition to the text amendment. 9 February 4, 2020 Todd said no. Vice Chairman Bowles asked if there are any current plans for a taller structure. Todd said no. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner Houpe to approve the zoning text amendment and to make a finding that the approval is consistent with the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because it aims to add flexibility based on industry experts regarding height requirements in the airport overlay. VOTING: Ayes – 5; Nays – 0 IREDELL COUNTY PLANNING & DEVELOPMENT PLANNING STAFF REPORT Proposed Text Amendment – Airport Overlay EXPLANATION OF THE REQUEST Staff is proposing amendments to Chapter 4 of the Iredell County Land Development Code. The following text amendments to the Land Development Code are being presented for information only at this time. Existing text that is bold and with strike through is text to be removed. Text in red and underlined is new text to be added. STAFF COMMENTS Chapter 4 deals with specific regulations for the Urban Service Areas, ETJ Extension and overlay districts. Section 4.6 deals specifically with the Airport Overlay Regulations for the Statesville Regional Airport. These regulations address height limitations in zones identified around the airport. Based on previous experiences the language in the Primary Approach zone as identified on this figure is over restrictive. This overlay language was initially developed by a consultant. Over time both Statesv ille and Iredell County have made changes to this overlay that are not consistent. This section that we are proposing to amend is not within the Statesville Ordinance. We have discussed this proposed amendment with John Ferguson, Statesville Airport Manager and their consultant. They are satisfied with this proposed amendment. TEXT AMENDMENTS 10 February 4, 2020 Performance Requirements (Chapter 4) Section 4.6.1 Airport Zones C. Primary Approach Zones The Primary Approach Zones begin at each runway end starting at the pavement edge at a width of 1,000 feet and extend to a width of 6,940 for a horizontal distance of 20,000 feet. This zone provides that no structure may be built within this zone that rises above a height as determined in the underlying zoning district as directed in Chapter 2 or to a maximum of fifty (50) feet above ground elevation, whichever is less. No structures will be exempt from this requirement, and under no circumstance shall any structures be located in the Primary Approach Zone that are taller than fifty (50) feet above ground elevation. Any proposed structures that can produce a determination of no hazard from the FAA and with written consent from the Statesville Regional Airport Manager will be exempt from this section. 11 February 4, 2020 Public hearing to consider the approval of a resolution in support of the Constitution of the United States and Declaring Iredell County as a Constitutional Rights Protection County: Chairman Mallory provided a background on the proposed resolution. Prior to the Board’s January 7, 2020 meeting, Commissioner Houpe received a copy of a Constitutional Rights Protection Resolution from Surry County and shared the resolution with the Board at the pre- agenda meeting. Mallory explained the Board briefly discussed what was contained therein and decided to refer the resolution to the County Attorney for review. Shortly thereafter, a proposed resolution received from Sheriff Campbell was added to consideration. In the intervening time, the Board obtained copies of resolutions from other counties. Mallory explained the Board had discussions with Valdez and crafted a resolution for the County with the idea of sending a message to state legislators and congressmen about the intent of the Board in conjunction with Sheriff Campbell, to urge them to safeguard all of the Constitutional Rights, more particularly the Second Amendment - Right to Bear Arms. The Board’s approach was not to be exclusive to the Second Amendment because the First Amendment freedoms are the guts of what citizens rely on for freedoms of speech, established religion, assembly, and press. The Second Amendment is there as a guardian of and the enforcement mechanism that guard those First Amendment freedoms. Mallory said the Board would like to affirm support of all of the Constitutional Rights and focus in on the Second Amendment rights. Virginia has been embroiled in a lot of legislative mischief that is calling into question the government’s proper role in restricting freedoms. Mallory said all of the Constitutional Rights are not absolute and are subject to some limitations. Those limitations have to be carefully crafted and weighed out a number of factors. These are done by the courts that ultimately determine whether those laws are constitutional or unconstitutional. Mallory explained the legislature passes laws and recognized Senator Vickie Sawyer and Representative Jeff McNeely in the audience. Unfortunately, in the legislature in Virginia has considered a number of unwelcome restrictions on Second Amendment Rights. Mallory feels those will be subject immediate court challenges and scrutiny. Chairman Mallory said the Board’s concern is to urge legislators to use all of their power to protect Second Amendment Rights and the other Constitutional Rights. Mallory explained that the ballot box would control what happens at the end of the day. In Virginia, there was a complete change in the majority party in the legislative bodies and have a Governor of the same party. In North Carolina, it is the voters that make these determinations. Mallory said given the large majorities that have traditionally supported candidates from the Republican Party that are conservative there is not a lot of concern in terms of the current legislature. However, there is some concern the redistricting and the 2020 Census redistricting could likely produce competitive districts throughout the State. Mallory said the Board would do its part to support commonsense laws that limit government power. Commissioner Robertson said it is impossible to discuss the Second Amendment without using a broad brush. There are exceptions to every rule. Robertson noted that he is not addressing every component of the issue – only the high spots. Commissioner Robertson presented the following PowerPoint presentation on “Why are we here tonight?” The presentation included a background on the members of the Board and their oaths of office. Commissioners take an oath of office to defend the Constitution of the State as long as it is not inconsistent with the Constitution of the United Sates. Chairman Mallory, Commissioner Norman, and Commissioner Robertson served in the United States Army for over 60 years, collectively. 12 February 4, 2020 Commissioner Robertson focused particularly on the lack of mental health awareness across the United States. 13 February 4, 2020 14 February 4, 2020 15 February 4, 2020 16 February 4, 2020 17 February 4, 2020 Chairman Mallory opened the public hearing. Sheriff Darren Campbell said, “I spent the last several weeks working on a proclamation to reaffirm my commitment to the United States Constitution and to the citizens of Iredell County. I cannot stress enough the importance of us together taking a stance and firmly stating to the citizens of Iredell County. I resolve to protect the Second Amendment Constitutional Right of the people to keep and bear their arms. This stance is consistent with the framers of the Constitution as they made their intent clear. The right of the people to keep and bear arms shall not be infringed. A little bit about the history and the office of the Sheriff and why I am here. In 1776, the North Carolina Constitution established the office of Sheriff. It wasn’t until 1791 that the Second Amendment to the United States Constitution was ratified as a part of the Bill of Rights. My duties were established 15 years before the individual right to keep and bear arms was ratified. Thus, as the elected Sheriff and lone Law Enforcement arm of Iredell County, it is my duty to stand before the Commissioners today and ask that you adopt a resolution which will serve as an objection to any infringement on our right to bear arms. This is a historic day as we take a stance to insure the integrity of the Second Amendment remains intact as the framers intended centuries ago. Attacks are being made on our Constitution and I am here to let everyone know that this is a battle that I will not back away from. Recently, the United States Supreme Court cases illustrate the Second Amendment is still under attack. Legal arguments are frequently made to infringe upon the right to bear arms. If our legislators were to enact legislation similar to the neighboring Virginia, taxpayers would have to spend millions of dollars fighting a battle that is already constitutional. This resolution sends a clear message to our Governor and the North Carolina General Assembly to think twice before considering any laws infringing on the rights of law abiding citizens. In ending, I want to send you with a powerful message from Legal Common Book by Thomas Jefferson, ‘Laws that forbid the carrying of arms disarm only those neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailant. They 18 February 4, 2020 serve rather to encourage than to prevent homicides. For an unarmed man may be attacked with greater confidence than an armed man.’ Simply put, the only people who abide by restrictive gun laws and legislation are our law abiding citizens. Gentleman, I appreciate each and every one of you, your resolve, your commitment, your dedication to all the citizens of Iredell County. To you the citizens that showed up tonight. I appreciate you taking the time to come out.” Commissioner Houpe thanked Sheriff Campbell and staff for working with the Board on the resolution on behalf of the citizens. Chairman Mallory said being unified from a policy perspective and a law enforcement perspective is unique in North Carolina. Representative Jeff McNeely said some states have allowed tyranny to rule. The Founding Fathers of the country fought because someone put oppressive means on citizen’s rights and privileges. Representative McNeely shared support of the Board. However, some people want to take the Constitutional Rights away. McNeely explained there were a flurry of gun bills filed last year with the Judicial Committee that were unfavorable to the Second Amendment and the Committee shut down the bills. McNeely shared that he and Senator Vickie Sawyer do not take their oaths of office lightly and will continue to support the Second Amendment as well as the United States Constitution. Richard Renegar thanked the Board and the citizens for showing up for the cause and shared support of the resolution. Renegar said when attended North Iredell High School loaded guns were in racks and no one heard of school shootings; however, things changed when God and family were taken out of schools. Renegar urged Commissioner Robertson to present his PowerPoint to the schools. Mark Cash, 232 Loray Lane, said mental health awareness should be taught in schools. Cash said “Second Amendment” should be in the title of the resolution, as other counties have done. Iredell County is strong conservative county and the things that happen in Virginia are probably not going to happen here, but the County should stand up for the Second Amendment. Cash asked the Board to consider removing the wording “in their home” as North Carolina as a stand your ground state. Tom Cox, 136 Red Barn Lane, spoke in favor of the resolution because people face the same threats as law enforcement. Cox complimented the County on its concealed carry weapon policy for county property. Kenneth Davis spoke in favor of the resolution. Paul Mangum said the Constitution was written to allow citizens to protect their homes and families from domestic and foreign threats. The citizens of Iredell County wish to raise their families and protect themselves lawfully. Mangum also shared concern over human trafficking. Dustin Sweet spoke in favor of the resolution. Sweet shared concern over mental health awareness and said the vast majority of mass shooters are on psychotropic drugs. Executive Director of the NC Federation of Republican Men T.J. Johnson said there is a war going on for guns, morals, and rights. Johnson said Iredell County is lucky to have Sheriff 19 February 4, 2020 Darren Campbell. The irony of what is going on in Virginia is ‘semper tyrannis’. Johnson urged citizens to educate themselves and get involved with the issue. Rob Young spoke in favor of the resolution. The Second Amendment is the key to protect other rights. He also spoke on the importance of mental health awareness. Statesville NAACP President Todd Scott is for guns but there is such a partisan issue creating a division among the people. Scott said the resolution is unnecessary because the Second Amendment is already in place. Chairman Mallory closed the public hearing. Chairman Mallory said the point raised relative to the language that seems to restrict self- defense in homes and not the stand your ground generically is a good point. Valdez gave a reference from the Supreme Court. Vice Chairman Bowles agreed. Commissioner Houpe said the intent was to support the constitution while concentrating on the Second Amendment. Houpe quoted The Liberty Song “United we stand; divided we fall.” Chairman Mallory said the Board reaffirms their support of the constitution. The Board agreed to remove “as” and “in their home” from the resolution. MOTION by Commissioner Houpe on behalf of the Board, the Sheriff, other elected officials here tonight and the citizens of Iredell County to approve the resolution in support of the Constitution of the United States and declaring Iredell County as a Constitutional Rights Protection County. VOTING: Ayes – 5; Nays – 0 RESOLUTION OF THE IREDELL COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF THE CONSTITUTION OF THE UNITED STATES AND DECLARING IREDELL COUNTY AS A CONSTITUTIONAL RIGHTS PROTECTION COUNTY WHEREAS, the elected officials of Iredell County are sworn to support and maintain the Constitution and laws of the United States and the State of North Carolina, and as such, the Board of Commissioners offers forth this resolution as an action to ensure the constitutional rights of the citizens of Iredell County are protected; and WHEREAS, the Commissioners recogni ze the Constitution of the United States as the supreme l aw of our nation; and WHEREAS, the Second Amendment to the Constitution of the United States of America states “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”; and WHEREAS, the Supreme Court of the United States has held that the Second Amendment protects an individual’s right to possess a firearm, regardless of whether that person is or is not affiliated with service in the militia, and the individual’s right to use that firearm for traditionally lawful purposes, including self- defense; and 20 February 4, 2020 WHEREAS, the criminal misuse of firearms is not a reason to infringe the rights of law-abiding citizens of Iredell County; and WHEREAS, pursuant to the oaths taken, the Commissioners wish to express their deep commitment to protecting all constitutional rights of the citizens of Iredell County and oppose any law, regulation or other act that would unconstitutionally infringe on the rights of the law-abiding citizens of Iredell County; and WHEREAS, the Commissioners, together with the Sheriff and deputies of Iredell County, are concerned about the passage of any bill or legislation which could be interpreted as infringing the rights of the citizens of Iredell County to keep and bear arms or which may unduly restrict their right to the same. NOW, THEREFORE, BE IT RESOLVED that the Commissioners declare Iredell County a “Constitutional Rights Protection County” and as such, the Commissioners hereby express their intent to use all power and authority at their disposal to upho ld the constitutional rights of the citizens of Iredell County; and BE IT FURTHER RESOLVED that the Commissioners, with the full support of the Sheriff of Iredell County, urge the North Carolina General Assembly and Congress of the United States to use all power and authority to protect our citizens’ freedoms and rights pursuant to the Second Amendment of the Constitution. Adopted this the 4th day of February, 2020. At this time, Chairman Mallory granted a 15-minute recess. ADMINISTRATIVE MATTERS County Manager Beth Jones summarized the items that were placed on the consent agenda as follows:  Request from Fire Services to appoint Kaylynn Murn to the Shepherds Volunteer Fire Department Relief Fund Board of Trustees, as required by North Carolina General Statute 58-84-46.  Request from Emergency Medical Services for approval of budget amendment #21 to allocate donated funds towards the Community Response Support Team efforts.  Request from Tax Administration for approval to renew a legal contract to provide tax foreclosure services for Iredell County.  Request from Tax Administration to report on Unpaid Taxes that are Liens on Real Property and set advertising date. MOTION by Commissioner Norman to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS (None) APPOINTMENTS TO BOARD AND COMMISSIONS Juvenile Crime Prevention Council (1 appointment) Recreation Advisory Board (1 appointment) 21 February 4, 2020 MOTION by Commissioner Norman to appoint Nikki Kahill to the Juvenile Crime Prevention Council and Melissa Simmons to the Recreation Advisory Board. VOTING: Ayes – 5; Nays – 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD (None) NEW BUSINESS (None) COUNTY MANAGER’S REPORT County Manager Beth Jones gave an update on the following items:  Board of Commissioners’ Winter Planning Session Friday and Saturday, February 21 & 22, 2020 at the Iredell County Library – Statesville Branch. CLOSED SESSION Chairman Mallory explained that Closed Session was held immediately following pre- agenda and there are no action items to report. ADJOURNMENT MOTION by Commissioner Houpe to adjourn at 9:42PM. The next regular meeting will be February 18, 2020, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk