HomeMy WebLinkAbout2-4-2020
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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Commissioner Robertson focused particularly on the lack of mental health awareness
across the United States.
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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
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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
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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
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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