Agenda 2003 06-16
AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
TED DAVIS, JR., CHAIRMAN · ROBERT G. GREER VICE-CHAIRMAN
WILLIAM A. CASTER, COMMISSIONER · JULIA BOSEMAN, COMMISSIONER · NANCY PRITCHETT, COMMISSIONER
··
ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY LUCIE F. HARRELL, CLERK TO THE BOARD
June 16, 2003 9:00 a.m.
MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVALOF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
9:15 a.m. 1. Presentation of New Hanover County Service Awards5
9:25 a.m. 2. Recognition of New Employees7
9:30 a.m. 3. Presentation of ?Engineer of the Year? Award to Wyatt Blanchard9
9:35 a.m. 4. Recognition of Library Director11
9:40 a.m. 5. Consideration of Proclamation Declaring June 22, 2003 as ?Amateur Ratio 13
Appreciation Week? in New Hanover County
9:45 a.m. 6. Consideration of Adoption of Proclamation Designating June, 2003 as National 15
Home Ownership Month
9:50 a.m. 7. Consideration of Resolution Expressing Appreciation to the Men and Women 17
Who Serve Our Country
9:55 a.m. 8. Public Hearing for the New Hanover County Ten-Year Solid Waste Plan 19
Update
10:05 a.m. 9. Consideration of Fiscal Year 2003-2004 Budget Ordinances for New Hanover 23
County and the Fire Service District
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10:30 a.m. 10. First Reading
Amendment to New Hanover County Code of Ordinances
Chapter 2, Article II, Register of Deeds
10:40 a.m. 11. Consideration of Interlocal Agreement between the City of Wilmington and 27
New Hanover County for Merger of Transportation Facilities and Services
10:50 a.m. 12. Presentation of New Hanover County Community Child Protection Team 37
(CCPT) Annual Report and Appointment of Members to the CCPT
11:00 a.m.
Break
11:10 a.m. 13. Appointment of Voting Delegate to the NACo Conference41
45
11:15 a.m. 14. Committee Appointments
155
11:30 a.m. 15. Meeting of the Water and Sewer District
12:00 p.m. 16. Additional Items
County Commissioners
County Attorney
County Manager
12:10 p.m. 17. Non Agenda Items (limit three minutes)
12:20 p.m. 18. Closed Session Pursuant to G.S. 143-318.11(4)151
12:30 p.m. 19. Closed Session Pursuant to G.S. 143-318.11(5)153
12:45 p.m. ADJOURN
1:15 p.m. Convene as Board of Equalization and Review
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed.
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MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ITEMS OF BUSINESS Page
No.
1. Non-Agenda Items (limit 3 minutes)
2. Approval of Minutes157
3. Consideration of Fiscal Year 2003-2004 Budget Ordinance for the New Hanover
159
County Water and Sewer District
4. Consideration of Acceptance of Public Dedication161
Middle Sound Area - Area A
Churchill Area - Area B
5. Consideration of Engineering Contract Number 97-0351169
Middle Sound Wastewater Facilities
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes177
179
2. Approval of Receipt of Home and Community Care Block Grant Funds and
Designation of the Department of Aging as Lead Agency for Aging Services in
New Hanover County
3. Ratification of Partnership of Department of Aging and Wilmington Housing
181
Authority for a Resident Opportunities for Self-Sufficiency Grant Application
4. Approval of Change Order to Engineering Contract for Mason Inlet183
5. Approval of E-Payment Transaction Charges191
6. Approval of Personnel Policy Changes193
7. Approval of Expenditure of Tidal Creeks Water Quality Education Funds on the195
Airlie Gardens Environmental Education Program
199
8. Approval of Tax Position
9. Approval of New Hanover County and New Hanover Fire District Collection 203
Reports
10. Approval of Release of Value207
11. Approval of Award of Pre-positioned Contract # 03-0288 for Debris Removal209
Approval of Budget Amendments:
12.1 #03-0216213
12.2 #03-0218215
12.3 #03-0228217
12.4 #2003-39 219
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 1Estimated Time:Page Number:
Department: Human Resources Presenter: Allen O'Neal
Contact: Rosetta Bryant
Item Does Not Require Review
SUBJECT:
Presentation of New Hanover County Service Awards
BRIEF SUMMARY:
The following employees are eligible for New Hanover County Service Recognition:
FIVE (5) YEAR: Myron G. Gore - WASTEC; Robert S. Ward - WASTEC; Wendy M. Knowles - Airlie Gardens; Rebecca L.
Gray - Social Services; Harriet P. Mattison - Social Services; Karen B. Shields - Aging; Margaret J. Bryant - Aging; Regina
M. Nell - Parks
TEN (10) YEAR: Robert G. Norman, II - WASTEC; James M. Thomas - WASTEC; Robert M. Carter - WASTEC; Sarah D.
Smith - Health; Vera P. Mills - Social Services
FIFTEEN (15) YEAR: Teresa B. Lettley - Finance; John H. Bryant - Property Management; Gene A. Pulley, Jr. - Sheriff's
Dept.; Martha S. Wright - Health Dept.
TWENTY (20) YEAR: Elizabeth J. Hewett - Tax Dept.; Faye V. Outlaw - Tax Dept.; Lise A. Ruefle - Sheriff's Dept.; Dianne
M. Harvell - Health Dept.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Present service awards.
COMMISSIONERS' ACTIONS/COMMENTS:
Presented.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 2Estimated Time:Page Number:
Department: Human Resources Presenter: Allen O'Neal
Contact: Marlene Carney
Item Does Not Require Review
SUBJECT:
Recognition of New Employees
BRIEF SUMMARY:
A list of new employees will be made available at the meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recognize new employees.
COMMISSIONERS' ACTIONS/COMMENTS:
Recognized.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 3Estimated Time:Page Number:
Department: County Manager Presenter: Dave Weaver
Contact: Dave Weaver
SUBJECT:
Honoring Wyatt Blanchard as "Engineer of the Year"
BRIEF SUMMARY:
Wyatt Blanchard has been awarded the honor of "Engineer of the Year" from the Professional Engineers of North Carolina
(southeastern North Carolina chapter). We wish to present the award to him at a Board meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Present award.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: Approve
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recognize and congratulate Wyatt.
COMMISSIONERS' ACTIONS/COMMENTS:
nd
Postponed until 2 meeting in August 2003.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 4Estimated Time:Page Number:
Department: County Manager Presenter: Allen O'Neal
Contact: Allen O'Neal
SUBJECT:
Recognition of Library Director
BRIEF SUMMARY:
David Paynter, Director of the New Hanover County Public Library, has been elected to the Board of Directors of the Public
Library Association (PLA). He will serve a three-year term beginning July 1, 2003.
PLA is a division of the American Library Association (ALA), the oldest and largest library association in the world. Founded
in 1944, PLA is based in Chicago and has more than 9,000 members. PLA?s purpose is to strengthen public libraries and
their contribution to the communities they serve. To this end, PLA provides a diverse program of communication,
publication, advocacy, continuing education, and programming for its members and others interested in the advancement of
public library service.
Paynter will be working on the PLA Library Services Cluster Steering Committee, which oversees and appoints members to
committees on the following library services:
Audiovisual
Career and Business
Community Information
Reader?s Advisory
Adult Continuing and Independent Learning
Basic Education and Literacy
Resources for the Adult New Reader
Services to Multicultural Populations
Services to Preschool Children and their Caregivers
Services to Elementary School Children and their Caregivers
Services to Teenagers and their Caregivers
Cataloging
Collection Management
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognize David Paynter.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
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REVIEWED BY:
LEGAL: Approve FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: Approve
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recognize and congratulate David.
COMMISSIONERS' ACTIONS/COMMENTS:
Recognized.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 5Estimated Time:Page Number:
Department: Governing Body Presenter: Mr. Bill Morine
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Consideration of Proclamation Declaring June 22, 2003 as "Amateur Radio Appreciation Week"
in New Hanover County
BRIEF SUMMARY:
Adopt the proclamation and present to Mr. Morine in recognition of amateur radio operators, who have done so much for
the County, State, and Nation.
resolution-AmateurRadi
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Adopt proclamation.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
WHEREAS, in times of natural disasters, such as hurricanes, tornadoes and floods, New Hanover County has turned to the services of
our areas amateur radio operators to provide rapid two-way communications on behalf of County government and other area
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municipalities when conventional means of electronic communications have failed; and
WHEREAS, New Hanover Countys four hundred licensed amateur radio operators purchase and maintain their own equipment at their
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own expense, sharpen and hone radio traffic handling skills through frequent simulated emergency exercises, and volunteer thousands
of hours of service to the community without compensation; and
WHEREAS, the United States Department of Homeland Security now recognizes amateur radio as a vital force in emergency
communications, and has provided federal funding for the enhancement and training of amateur radio operators; and
WHEREA S, there are many installations both in and around New Hanover County which could become potential targets of terrorism,
and our areas amateur radio operators are now training to handle manmade disasters as well as natural ones; and
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WHEREAS, the critical role of amateur radio operators in handling emergency hospital communications in Manhattan following the
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terrorist attacks of September 11, 2001, prompted New Hanover Health Network to spearhead the creation of the Carolinas Amateur
Radio Emergency Services (CARES) network to fulfill the emergency communications needs of the 13 hospitals in the Coastal
Carolinas Health Alliance; and
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WHEREAS, June 28, and June 29, 2003 mark the 70
anniversary of Field Day, an annual event in which our nations 700,000 amateur
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radio operators simultaneously get on-the-air under simulated emergency conditions to exchange on-air reports; and
WHEREAS, for over a century, amateur radio operators around the world have provided vital public service and have served as
ambassadors in promoting goodwill among nations,
NOW THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners proclaims the week of June 22,
2003 as Amateur Radio Appreciation Week in New Hanover County in appreciation of the vital public service provided by Amateur
Radio operators and for their service as ambassadors in promoting goodwill among nations.
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Adopted the 16 of June, 2003
_______________________________
Ted Davis, Jr., Chairman
____________________________
Lucie F. Harrell, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 6Estimated Time:Page Number:
Department: Governing Body Presenter: Donna Girardot
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Consideration of Adoption of Proclamation Designating June, 2003 as National Home
Ownership Month
BRIEF SUMMARY:
Proclamation was requested by the Wilmington-Cape Fear Home Builders Association to honor the value of home
ownership and the home building industry.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
proclamation-homebuilder
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Adopt proclamation.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
, during a period of rising prosperity, the nations home builders have reached out to offer the opportunity
WHEREAS
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of home ownership to an increasingly wide segment of the nations families; and
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, the lower mortgage interest rates that are available today are making it easier for young working
WHEREAS
families to become homeowners; and
, the opportunity to own a home and live in decent housing is the strength of the nation and the source of
WHEREAS
the spirit of civic-mindedness that shapes the caring and nurturing of communities where our citizens live; and
, the nations home builders have contributed mightily to Americas quest for affordable home ownership
WHEREAS
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opportunities by pursuing greater efficiencies and innovations in building techniques and materials; and
, home builders today offer the American consumer a product that is geared for affordability and the level
WHEREAS
of quality that home buyers expect;
by the New Hanover County Board of Commissioners that June, 2003
NOW, THEREFORE BE IT PROCLAIMED
be designated as in New Hanover County and that citizens are encouraged to
National Home Ownership Month
observe the accompanying ceremonies and activities.
Adopted June 16, 2003
_______________________________________
Ted Davis, Jr., Chairman
Attest
:
_____________________________________
Lucie F. Harrell, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 7Estimated Time:Page Number:
Department: Human Relations Presenter: Carl Byrd, Lethia Hankins
Contact: Carl Byrd
Item Does Not Require Review
SUBJECT:
Resolution Expressing Appreciation to the Men and Women Who Serve Our Country
BRIEF SUMMARY:
The New Hanover Human Relations Commission adopted a resolution expressing appreciation to the men and women who
serve our country.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept/Approve the Resolution
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Resolution
c
resolutionservi
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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RESOLUTION
EXPRESSION APPRECIATION TO THE MEN AND WOMEN
WHO SERVE OUR COUNTRY
WHEREAS, we live in freedom because of the contributions and sacrifices made by
the men and women who serve our country; and
WHEREAS, we are encouraged to renew our awareness of our rich American
heritage and principles of freedom; and
WHEREAS, we are also encouraged to pause in reverence and tribute as a show of
support for those who serve our country in peace and war to protect our democratic
processes and defend our country.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover Human Relations
Commission does hereby express appreciation to the men and women who serve our
country and whose sacrifices should serve as a constant reminder of the high price of
liberty.
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This Resolution adopted this 16 day of June, 2003.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 8Estimated Time:Page Number:
Department: Environmental Management Presenter: Jason Hale, Solid Waste Planner
Contact: Jason Hale / Ray Church
SUBJECT:
Public Hearing for the New Hanover County Ten-Year Solid Waste Plan Update
BRIEF SUMMARY:
As required by NC General Statute 130A-309.09A(b), the Department of Environmental Management has completed a
three-year update of the local solid waste plan. The Department seeks adoption of this plan, which was developed to
ensure that the County is prepared to handle waste generated within its borders over the next decade, including options for
disposal and recycling / waste reduction. All municipalities in New Hanover County took part in this planning process. The
attached one-page summary outlines the major points of the plan. All actions will be brought eventually to the Board for
final consideration and approval before implementation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff requests the Board of Commissioners adopt the attached resolution approving the updated solid waste plan.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
oSolid Waste Plan Sum
RESOLUTION.d
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear presentation, hold public hearing and consider adoption of resolution.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 3-2, Greer and Caster dissenting.
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RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, it is a priority of this community to protect human health and the environment through safe and effective management of
municipal solid waste;
WHEREAS, the reduction of the amount and toxicity of the local waste stream is a goal of this community;
WHEREAS, equitable and efficient delivery of solid waste management services is an essential characteristic of the local sold waste
management system;
WHEREAS, it is a goal of the community to maintain and improve its physical appearance and to reduce the adverse effects of illegal
disposal and littering;
WHEREAS, New Hanover County recognizes its role in the encouragement of recycling markets by purchasing recycled products;
WHEREAS, involvement and education of the citizenry is critical to the establishment of an effective local sold waste program;
WHEREAS, the State of North Carolina has placed planning responsibility on local government for the management of solid waste;
WHEREAS, NC General Statute 130A-309.09A(b) requires each unit of local government, either individually or in cooperation with
other units of local government, to update the Ten Year Comprehensive Solid Waste Management Plan at least every three years;
WHEREAS, the New Hanover County Environmental Management Department has undertaken and completed a long-range planning
effort to evaluate the appropriate technologies and strategies available to manage solid waste effectively;
NOW, THEREFORE, BE IT RESOLVED that the County Commissioners of New Hanover County hereby approve the New Hanover
County Solid Waste Plan Update.
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Adopted this, the 16
day of June, 2003.
New Hanover County Board of Commissioners
ATTEST
_______________________________________
Ted Davis, Chairman
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New Hanover County Solid Waste Planning Area Management Plan
Summary of 2003 Update
This plan was prepared in accordance with N.C. General Statute 130A-309-09A(b) for the purpose of meeting local
solid waste needs and protecting public health and the environment. The planning area includes the unincorporated
areas of New Hanover County and the Town of Carolina Beach, Town of Kure Beach, City of Wilmington and
Town of Wrightsville Beach. Representatives of each of these municipalities worked together throughout the
planning process.
Summary
Three years ago, at the time of the last plan update, waste reduction activities were at a dismal ?50.9 percent from the baseline year of
FY 1995/96. At the end of this fiscal year, that number is projected to be ?11.9 percent. This plan outlines a myriad of ways that local
programs will forge ahead down new and effective avenues of achieving waste reduction goals as required by the State.
As a whole, the planning area has a waste reduction goal of five percent by FY 2005/06 and 11 percent by FY 2012/13. Given the current
waste reduction trend in this area, coupled with such new and upcoming initiatives as curbside recycling, C&D diversion, drop-off program
improvements, electronics recovery and strong educational efforts, these goals are certainly attainable. The greatest impact should come from
paper and C&D diversion.
During the planning process, the steering committee focused on the largest portions of the waste stream, along with those items that are most
toxic. It also spent a great deal of effort analyzing current programs and seeking ways to improve efficiencies and recovery within existing
frameworks. The chart that follows outlines the planned new initiatives to be taken on by the County, in chronological order.
Year Intended Action
2003 Implement new curbside collection program for garbage, recyclables, yard waste and bulky items
2003 Support Recycle Guys educational campaign
2003/04 Mixed paper recycling at three drop-off centers (grant funded)
2003/04 Implement electronics recycling program
2003/04 Purchase new recycling truck for drop-off program
2003/04 Analyze possibilities for improving C&D recycling
2004 Promote junk mail reduction kits
2004 Investigate holding backyard compost bin sale
2004/05 Fund Keep America Beautiful program
2004/05 More information on Web page
2005 Improved signage at drop-off centers
2005/06 Promote waste assessments to industry and institutions
2005-2008 Promote large-scale organics diversion
2006 Purchase roll-off boxes to replace those being rented at drop-off centers
2006-2008 Establish departmental buy recycled policy and encourage other departments to follow suit
2009 Assess multi-family and school recycling program options
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 9Estimated Time:Page Number:
Department: County Manager Presenter: Allen O'Neal
Contact: Allen O'Neal, County Manager
SUBJECT:
Fiscal Year 2003-2004 Budget Ordinances for New Hanover County and the Fire Service District
BRIEF SUMMARY:
Consideration of the fiscal year 2003-2004 budget ordinances for New Hanover County and the Fire Service District.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend that the Board of Commissioners adopt the fiscal year 2003-2004 budget ordinances for New Hanover County
and the Fire Service District.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend adoption of budget ordinances for County and Fire District.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted with a tax reduction of one ? cent. Vote was 3-2, Greer and Pritchett no.
Fire District tax rate increased by one cent.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 10Estimated Time:Page Number:
Department: Register Of Deeds Presenter: Rebecca T. Christian, Registrar
Contact: Kemp P. Burpeau, Deputy County Attorney and Rebecca T. Christian, Registrar
SUBJECT:
First Reading
Amendment to New Hanover County Code of Ordinances - Chapter 2, Article II, Register of
Deeds
BRIEF SUMMARY:
This proposed amendment to the County Code specifies that all instruments to be recorded must include address
information. Such requirements are specifically authorized by the North Carolina General Statutes.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider and adopt the ordinance. A second reading will be required if a there is not a unanimous vote.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
pter2-RegisterofDeedsOrdinance-Add
Cha
REVIEWED BY:
LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear presentation and consider adoption of ordinance.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted ordinance as recommended. Vote was 5-0. Since the vote was unanimous, no second reading will be required.
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DRAFT
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that
Chapter 2, Administration, Article II, Register of Deeds, of the New Hanover County Code be and is
amended by the addition of a new section as follows:
Section 2-77. Instrument Address.
The Register of Deeds shall not accept for recordation any deed of real property, map or plat
unless the following information is set forth on the face of the document:
1. The name and address of the person to whom the instrument is to be returned; and
2. The Grantees or Owners permanent mailing address..
==
Except as specified referenced herein, the existing provisions of Chapter 2 shall remain in full force
and effect.
This the _______ day of ________, 2003.
[SEAL] NEW HANOVER COUNTY
____________________________
ATTEST: Ted Davis, Jr., Chairman
Board of Commissioners
______________________
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 11Estimated Time:Page Number:
Department: Transportation Presenter: Chris McNamee
Contact: Deborah M. Houston
SUBJECT:
Interlocal Agreement Between the City of Wilmington and New Hanover County For Merger of
Transportation Facilities and Services
BRIEF SUMMARY:
The Advisory Board of New Hanover Transportation Services and the Board of Directors for the Wilmington Transit
Authority, with legal assistance from both City and County attorneys, have agreed upon the attached interlocal agreement to
provide consolidated transportation services throughout New Hanover County through the creation of a joint public
transportation authority.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval from the Board of Commissioners to enter into the interlocal agreement.
FUNDING SOURCE:
Will above action result in: Position(s) Modification Or Change Number of Positions:
Explanation: The Program Manager for NHTS will assume the position of Assistant Transportation Director as a result of
the merged system.
ATTACHMENTS:
Interlocal Agreem
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 12Estimated Time:Page Number:
Department: DSS Presenter: Wanda Neidig
Contact: Wanda Neidig
SUBJECT:
NHC Community Child Protection Team Annual Report
BRIEF SUMMARY:
North Carolina General Statutes require that each Community Child Protection Team provide a report to the Board of
Commissioners annually. The Commissioners are responsible for appointing certain members to the team.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Appoint recommended members.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ccptcclet03
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear report and appoint members.
COMMISSIONERS' ACTIONS/COMMENTS:
Appointed members. Approved 5-0.
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June 3, 2003
Mr. Ted Davis, Chairman
New Hanover County Commissioners
Wilmington, North Carolina
Dear Mr. Davis:
This report is being submitted from the New Hanover County Community Child Protection Team (CCPT) in compliance with
G.S. 7B 1406. In 1991, Community Child Protection Teams (CCPT) were established as one means for the state and local
communities to form a partnership to strengthen child protection. The original purpose of the team was further formalized and
expanded by G.S. 7B 1406, effective July 1, 1993.
The Community Child Protection Team is an interdisciplinary group of community representatives who meet regularly to
promote a community-wide approach to the problem of child abuse and neglect. The Community Child Protection Team is not a
Department of Social Services team.
Law mandates certain membership on the CCPT. In addition to the members mandated by law, up to five additional members
may be appointed by the Board of County Commissioners. It also gives the Board authority to appoint local law enforcement
officers. The CCPT recommends that the following individuals be appointed: Amy Feath, Coastal Horizons Center; Mary Ann
Lama, Domestic Violence Services; Clancy Thompson, Child Advocacy Commission; Diana Woolley, The Carousel Center;
Nancy Covil, Office of Juvenile Justice; Capt. Buster Yost, Wilmington Police Dept. and Detective Sandra Walker, New
Hanover County Sheriff?s Dept.
In New Hanover County, we are unique in the composition of our CCPT. We have weekly CCPT meetings that review active
cases in which child abuse is found either by a caretaker or a non-caretaker. These cases remain active until the risk of
maltreatment to the child is removed and/or until court disposition. In addition, we have established quarterly department head
meetings to specifically discuss gaps and deficiencies in service delivery to our children.
To completely address the child protection sequence, the CCPT gathers information from all case reviews and quarterly meetings
and then reports this information to the Board of County Commissioners on an annual basis. Teams also promote child safety
through community education and by alerting legislative officials about the need for changes in laws and/or policies.
In 2002, CCPT reviewed 197 reports of child physical and sexual abuse. The majority of the cases discussed were physical
abuse cases where the child had a visible injury. However, with child sex abuse cases, often times there is no physical evidence.
This hinders successful prosecution of these cases because it is rare that you have a witness and it falls between the word of the
victim against the perpetrator. Committee members closely process these reports in an attempt to strengthen the case so that a
successful prosecution will prevail. Also the CCPT focused on the need for systems improvement. The CCPT has identified
the following needs in service delivery:
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1. Inadequate resources for victims of child sexual abuse. There are existing services for the perpetrator, but not the victim.
2. Need for additional funding for the Carousel Center, who saw 115 children in FY 02. The Center has seen 123 new
clients from 7/1/02 ? 4/30/03.
3. Need for additional community wide education relating to the dynamics of domestic violence and its prevention.
Children are present in 68% of domestic violence cases reported to law enforcement. 50 ? 75% of batterers abuse
children. Child abuse is 15 times more likely in homes where there is domestic violence. Children in these homes are
60% more likely to become involved with juvenile court.
4. Need for a county specific child fatality investigation protocol.
5. Need for additional sheriff?s detectives to be assigned to juvenile cases. Currently there is only one.
6. Need to increase state funding to hire more child medical examiners to address the increasing numbers of child abuse
cases.
7. Need to address the Mental Health State Reform that requires our local mental health center to privatize the delivery of
mental health services. This will mean the loss of integrated services to the clients, and that we will have to interact with
many diverse agencies instead of one community based agency. Services may be more fragmented, lower quality and/or
simply not available. Our concern is that we will lose a valuable community partner in meeting the needs of our clients.
The Community Child Protection Team is in a unique position to encourage community wide involvement in the prevention of
abuse and neglect and in the protection of children at risk. We have an opportunity to identify and respond to gaps in the
prevention/protection service network, maximizing the use of limited resources through creative approaches to local issues.
Community diversity must be reflected on teams. For teams to be effective in addressing the child protection needs of the entire
county, team members must be aware of the child protection needs. Teams must know how various problems impact the ability
of a family to protect its children. This information can be collected firsthand if the team composition represents community
diversity.
The CCPT members would appreciate your consideration of the identified service delivery needs in your deliberation of
monetary appropriations for the upcoming fiscal year.
Sincerely,
Wanda M. Neidig, MSW
Chair
New Hanover County
Community Child Protection Team
cc: LaVaughn Nesmith
Board of Social Services
Allen O?Neal
Pat Melvin
CCPT Members
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 13Estimated Time:Page Number:
Department: Governing Body Presenter: Ted Davis, Jr.
Contact: Lucie Harrell
SUBJECT:
Appointment of Voting Delegate to the NACo Annual Conference
BRIEF SUMMARY:
NACo's Annual Conference will be held July 11-15, 2003 in Milwaukee, Wisconsin. A voting delegate must be appointed
and submitted to NACo by June 20, 2003.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Appoint delegate.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Appoint delegate.
COMMISSIONERS' ACTIONS/COMMENTS:
Appointed Robert Greer.
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44
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 14Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie Harrell
Contact: Lucie Harrell
Item Does Not Require Review
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Appointments are needed for the following Boards and Committees:
ABC Board
Adult Care Home Community Advisory Committee
Airport Authority
Cape Fear Community College Board of Trustees
Cape Fear Museum Board of Trustees
Nursing Home Community Advisory Committee
Parks and Recreation Advisory Board
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments as the Board desires
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Committee Information Sheets and Applications
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Make appointments.
COMMISSIONERS' ACTIONS/COMMENTS:
th
Postponed until July 7 meeting.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 18Estimated Time:Page Number:
Department: Legal Presenter: Allen O'Neal, County Manager and Wanda M. Copley, County Attorney
Contact: Allen O'Neal, County Manager and Wanda M. Copley, County Attorney
SUBJECT:
Closed Session pursuant to G.S. 143-318.11(4)
BRIEF SUMMARY:
Closed Session to discuss matters relating to the location or expansion of industries or other businesses in the area served
by the public body.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hold Closed Session
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
N/A
REVIEWED BY:
LEGAL: Approve FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend the Board conduct a closed session as noted above.
COMMISSIONERS' ACTIONS/COMMENTS:
Rescheduled July 7, 2003.
COMMENTS BY: LGL:
COMMENTS BY:
FIN:
COMMENTS BY:
BUD:
COMMENTS BY:
HR:
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152
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Regular Item #: 19Estimated Time:Page Number:
Department: Finance Presenter: Bruce Shell, Finance Director and Wanda M. Copley, County Attorney
Contact: Bruce Shell, Finance Director and Wanda M. Copley, County Attorney
SUBJECT:
Closed Session pursuant to G.S. 143-318.11(5)
BRIEF SUMMARY:
Closed Session to discuss matters concerning the position to be taken by or on behalf of the public body in negotiating the
price and material terms of a proposed contract for real property.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hold Closed Session
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
N/A
REVIEWED BY:
LEGAL: Approve FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend the Board conduct a closed session as noted above.
COMMISSIONERS' ACTIONS/COMMENTS:
Rescheduled July 7, 2003.
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154
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ITEMS OF BUSINESS Page
No.
1. Non-Agenda Items (limit 3 minutes)
2. Approval of Minutes 157
3. Consideration of Fiscal Year 2003-2004 Budget Ordinance for the New Hanover 159
County Water and Sewer District
4. Consideration of Acceptance of Public Dedication 161
Middle Sound Area - Area A
Churchill Area - Area B
5. Consideration of Engineering Contract Number 97-0351 169
Middle Sound Wastewater Facilities
155
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Water & Sewer Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Water and Sewer Agenda - Approval of Minutes
BRIEF SUMMARY:
Approve the following sets of minutes:
Regular Meeting, May 19, 2003
Regular Meeting, June 2, 2003
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Approve minutes.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
157
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158
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Water & Sewer Item #: 3Estimated Time:Page Number:
Department: County Manager Presenter: Allen O'Neal
Contact: Allen O'Neal, County Manager
SUBJECT:
Fiscal Year 2003-2004 Budget Ordinance for the New Hanover County Water and Sewer District
BRIEF SUMMARY:
Consideration of the fiscal year 2003-2004 budget ordinance for the New Hanover County Water and Sewer District.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend that the Board of Commissioners adopt the fiscal year 2003-2004 budget ordinance for the New Hanover
County Sewer District.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend adoption of Water & Sewer District Budget.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
159
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Water & Sewer Item #: 4Estimated Time:Page Number:
Department: Water & Sewer District Presenter: Wyatt E. Blanchard
Contact: Wyatt E. Blanchard
SUBJECT:
Acceptance of Public Dedication
Middle Sound Area - Area A
Churchill Area - Area B
BRIEF SUMMARY:
Middle Sound Area - Area A
The New Hanover County Water and Sewer District is currently in the process of installing a sewer collection system to serve
the Middle Sound Area. In order to complete the system, it will be necessary to run the sewer lines in roads that are not
currently State maintained. There are right-of-ways and drainage easements platted and offered for public acceptance.
Attached is a resolution accepting these right-of-ways and drainage easements for sewer and/or water utility and other public
purposes, in the District's discretion.
Churchill Area - Area B
The New Hanover County Water and Sewer District is currently in the process of installing a sewer collection system to serve
the Churchill Area. In order to complete the system, it will be necessary to run the sewer lines in a dedicated common area.
This area is a platted common area offered for public acceptance. Attached is a resolution accepting this common area for
sewer and/or water utility and other public purposes, in the District's discretion.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend the Board accept the right-of-ways, drainage areas, easements and common area for sewer and/or water
utility and other public purposes, in the District's discretion, and authorize the Chairman to execute the resolution of
acceptance.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Water and Sewer District Budget
ATTACHMENTS:
middle sound juneArea B churchill
161
MiddleSoundArea-Chap153AAcceptanceR
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved as recommended.
COMMENTS BY: LGL:
COMMENTS BY: FIN:
COMMENTS BY: BUD:
COMMENTS BY: HR:
162
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164
165
166
DRAFT
A RESOLUTION
OF THE
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
BOARD OF COMMISSIONERS
WHEREAS, G.S. Chapter 153A, Article 15 authorizes counties to establish water and sewer
systems, and G.S. Chapter 162A, Article 6 authorizes counties to establish a water and sewer district; and
WHEREAS, New Hanover County has established the New Hanover County Water and Sewer
District, which District has arranged for construction of a sewer system in the unincorporated County; and
WHEREAS, the District desires to locate portions of the sewer system within dedicated subdivision
easements in New Hanover County; and
WHEREAS, various easements in New Hanover County have been dedicated to the public use by
the recordation of a subdivision plat or other map; and
WHEREAS, G.S. 153A-158 authorizes acquisition of a fee or lesser interest in real property by gift,
grant or other lawful method; and
WHEREAS, the New Hanover County Water and Sewer District desires to accept the offer of
dedication of certain streets, dedicated areas and easements for the purpose of providing sewer and/or
water services to County residents by and through the New Hanover County Water and Sewer District;
NOW, THEREFORE, BE IT RESOLVED as follows:
That New Hanover County Water and Sewer District hereby accepts for sewer and/or water utility
and other public purposes, in the Districts discretion, the offer of dedication of those subdivision streets,
=
dedicated areas, and easements as more fully set forth below:
Street Descriptions:
Middle Sound Area - Area A:
167
Being all those streets and easements in the Middle Sound area as more fully shown on plats of Oak
Winds Subdivision, Map Book 35, Page 46; Gurganous Subdivision, Map Book 31, Page 389; Batson
Subdivision, Map Book 36, Page 299A; Ocean View Subdivision, Map Book 6, Page 4; Calentine
Subdivision, Map Book 19, Page 46; Treasure Cove Subdivision, Map Book 15, Page 33A; Misty Harbour
Subdivision, Map Book 26, Page 68; Robinson Subdivision, Map Book 22, Page 58; Queens Point
Subdivision, Section 2A, Map Book 11, Page 20; Queens Point Subdivision, Section 2-C, Map Book 12,
Page 51; Stoneybrook Subdivision, Section 1, Map Book 18, Page 109; Stoneybrook Subdivision, Section
3A, Map Book 30, Page 34; Stoneybrook, Section 1, Map Book 19, Page 54; Baldwin Subdivision, Map
Book 32, Page 343; Stoneybrook Subdivision, Section 5, Map Book 33, Page 355; Stoneybrook
Subdivision, Section 3, Map Book 25, Page 25; Stoneybrook Section 2, Map Book 19, Page 75; Aviron
Subdivision, Map Book 36, Page 93, all recorded in the New Hanover County Registry.
Churchill Area - Area B:
For the Churchill area project, being that common area adjacent and adjoining a thirty foot (30') utility
A@
easement as more fully shown on a plat of Heathfield Hall Subdivision, Section Seven, Map Book 39,
Page 340, New Hanover County Registry.
The New Hanover County Water and Sewer District does not accept said subdivision streets,
dedicated areas or easements for purposes of providing any drainage services or road maintenance
whatsoever. Any common areas accepted hereunder are to be maintained only as necessary for
public utility purposes, without any drainage, road, or other maintenance whatsoever.
th
ADOPTED, this the 16 day of June, 2003.
NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
______________________________
Robert G. Greer, Chairman
ATTEST:
____________________
Clerk to the Board
168
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Water & Sewer Item #: 5Estimated Time:Page Number:
Department: Water & Sewer District Presenter: Wyatt E. Blanchard
Contact: Wyatt E Blanchard
SUBJECT:
Engineering Contract Number 97-0351
Middle Sound Wastewater Facilities
McKim and Creed Engineers
BRIEF SUMMARY:
In 1997, the New Hanover County Water and Sewer District approved the referenced agreement with McKim and Creed for the
design and construction administration services for the Middle Sound sewer project. The contract was established based on the
engineering fee being a per cent of the total construction project. The initial engineering fee was set up based on a construction
estimate of $11,500,000 equating to a fee of $776,250. After bidding the project, the total construction cost of $13,312,256.74
resulted in an engineering fee of $885,265. This increase in the engineering fee for the base contract is $109,015.
In accordance with the contract, the District may use a project inspector, supplied by the engineer, (resident project
representative) to assure compliance with the sewer system plans and specification by the contractors. The original contract
established a fee of $38.00 per hour for the inspector. Since the contract was originally done in 1997, the cost has increased.
The normal fee for an inspector at this time is $65.00 per hour. Due to the time span, I recommend that the hourly fee for an
inspector be increased to $65.00.
The estimated number of hours necessary for an inspector is 2,340 hours during the life of the project. This will result in an
estimated fee for inspection of up to $152,100 based on actual time on the job.
There is an additional surveying and mapping fee of $9,700 which was required for wetland delineation for the Corps and
NCDENR permits.
The engineer also paid all necessary permit fees. This is outside of the scope of the contract. The amount of all permit fees is
$4,750.
During the process of working with the State and landowners, there have been eleven (11) sets of changes necessary on the
drawings. This was necessary to obtain the easements and permits, for $6,000.
Below is a summary of all the above cost:
Base fee increase $ 109,015
Inspector fee (up to) $ 152,100
Wetlands delineation $ 9,700
Permit fees $ 4,750
Realignment of sewer main routes $ 6,000
Total increase CO#3 $ 281,565
169
There have been two previous change orders (1 and 2) in the amount of $20,645, for realignment and wetlands:
Original contract $776,250
Change Order 1 & 2 $ 20,645
Total Change Order #3 $281,565
$1,078,460
The money for this change was anticipated and was included in the approved budget for Middle Sound.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
I recommend that the allowable rate for the inspector be increased to $65.00 per hour, and that the total contract amount be
increased by $281,565 for a grand total of $1,078,460. Also, please authorize the County Manager to execute the change
order.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Middle Sound Budget - 875-470-8300-6000
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved AS recommended.
170
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174
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 177
2. Approval of Receipt of Home and Community Care Block Grant Funds and 179
Designation of the Department of Aging as Lead Agency for Aging Services in
New Hanover County
3. Ratification of Partnership of Department of Aging and Wilmington Housing 181
Authority for a Resident Opportunities for Self-Sufficiency Grant Application
4. Approval of Change Order to Engineering Contract for Mason Inlet 183
5. Approval of E-Payment Transaction Charges 191
6. Approval of Personnel Policy Changes 193
7. Approval of Expenditure of Tidal Creeks Water Quality Education Funds on the 195
Airlie Gardens Environmental Education Program
8. Approval of Tax Position 199
9. Approval of New Hanover County and New Hanover Fire District Collection 203
Reports
10. Approval of Release of Value 207
11. Approval of Award of Pre-positioned Contract # 03-0288 for Debris Removal 209
Approval of Budget Amendments:
12.1 #03-0216 213
12.2 #03-0218 215
12.3 #03-0228 217
12.4 #2003-39 219
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176
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Consent Agenda - Approval of Minutes
BRIEF SUMMARY:
Approval of the following sets of minutes:
Regular Meeting, April 21, 2003
Regular Meeting, May 19, 2003
Regular Meeting, June 2, 2003
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Approve minutes.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
177
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178
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 2Estimated Time:Page Number:
Department: Aging Presenter: Annette Crumpton
Contact: Annette Crumpton
SUBJECT:
Request Commissioners approve receipt of Home and Community Care Block Grant funds in
the amount of $776,817 and designate Department of Aging as Lead Agency for Aging services
in New Hanover County
BRIEF SUMMARY:
Commissioners are requested to designate NHC Department of Aging as Lead Agency for Home and Community Care
Block Grant (HCCBG) funds in New Hanover County. New Hanover County is eligible for $776,817 FY 2003/2004 to
provide services to elderly residents. The HCCBG Advisory Committee recommends the following distribution of funds and
service providers: Transportation $106,853 ; Home Delivered Meals $175,138; Congregate Nutrition $134,644; Case
Assisted/I/R $32,285; Senior Center Outreach $25,087; Adult Day Care (Elderhaus) $69,821; Adult Day Health (Elderhaus)
$19,264; Group Respite (Elderhaus)$3,289; Adult Day Care (Coastal Adult Day Care)$ 2000; In Home Aide Services (dMs,
Inc)$ 208,436.
In Home Aide services will be provided through a contract with dMs, Inc. Adult Day Care, Adult Day Health and Group
Respite will be provided through a contract with Elderhaus, Inc. and Coastal Adult Day Care. All other services will be
administered through the Department of Aging.
The Dept. of Aging is also eligible for the following monies: Title 3 Health Promotion $8,707. Title 3 Medication
Management $2,957 and Senior Center Outreach $1,470.
All Home and Community Block Grant, Health Promotion, Medication Management and Senior Center Outreach funds
require a 10% match. The required match is included in the Dept. of Aging requested budget for 2003/2004.
Home and Community Care Block Grant forms DOA-730, DOA-731, DOA-732, DOA-734 plus budget documentation are
available for review in the County Manager's office.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend Commissioners approve request to designate Dept. of Aging as Lead Agency and approve Home and
Community Block Grant Advisory Committee recommendations of funding distribution and accept the 2003/2004 HCCBG
funds in the amount of $776,817, Title 3 Health Promotion funds $8,707, Title 3 Medication Management funds $2,957 and
Senior Center Outreach funds $1,470.
Signatures required on forms DOA-730, DOA-731, DOA-732, DOA-734.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
HCCBG (Fed) $737,976 State $38,841 Local $86,313
Health Promotion (Fed) 8,272 435 968
Medication Management (Fed) 2,809 148 329
Senior Center Outreach (Fed) 1,396 74 163
179
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
180
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 3Estimated Time:Page Number:
Department: Aging Presenter: Annette Crumpton
Contact: Annette Crumpton
SUBJECT:
Ratify the Request for Department of Aging to Act as a Partner With the Wilmington Housing
Authority for a Resident Opportunities for Self-Sufficiency Grant (ROSS) Application
BRIEF SUMMARY:
The Wilmington Housing Authority has asked the Department of Aging to act as one of their partners in their request for a
three year Resident Opportunities for Self Sufficiency Grant (ROSS). The ROSS grant, if awarded to the Wilmington
Housing Authority, will provide funds to support programs for elderly clients in their housing communities. The programs
proposed for funding by the ROSS grant include a nutrition site at Hillcrest two days a week and a planned wellness
program for Solomon Towers' residents.
The turn around time from the request by Wilmington Housing Authority to the grant deadline did not allow for this item to
be placed on your agenda prior to submission of our letter of agreement to partner. I therefore request Commissioners to
ratify the request to partner with Wilmington Housing Authority in their efforts to receive the ROSS grant.
The County will not be liable for any funding. All proposed programs will be funded by the ROSS grant.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend Commissioners ratify the letter of request to partner with Wilmington Housing Authority for the ROSS grant
and to approve funding if grant is awarded.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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182
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 4Estimated Time:Page Number:
Department: Engineering Presenter: Greg Thompson
Contact: Greg Thompson
SUBJECT:
Mason Inlet - Gahagan and Bryant Associates
Change Order to Engineering Contract
BRIEF SUMMARY:
As part of the on going management of Mason Inlet, County staff is currently reviewing the permit conditions with the U.S. Army
Corps of Engineers. It is the intent of staff to scale back monitoring efforts where appropriate as defined by the project data
which has been compiled to date. It is necessary to create a sediment transport model for Mason Inlet so that the project's
performance to date can be fully assessed and potential maintenance events evaluated. This evaluation is required to help
determine the extent of maintenance dredging which may be required and to project how the inlet will perform in the future, and
to determine further monitoring requirements.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
County staff request that the Board authorize a change order to Gahagan and Bryant's contract for $70,725. Additionally staff
requests approval of the corresponding budget amendment for $77,800. This value represents the engineers proposed fee for a
10% contingency.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: ROT
ATTACHMENTS:
w
ba2003-40.
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
183
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Budget Amendment
DEPARTMENT: Mason's Inlet/Room Occupancy Tax
BUDGET AMENDMENT #: 2003-40
ADJUSTMENT DEBIT CREDIT
Mason's Inlet - Maintenance
Transfer in from ROTS $77,800
Extended Project Expense $77,800
Room Occupancy Tax
Appropriate Fund Balance $77,800
Transfer to Capital Projects $77,800
EXPLANATION: To budget additional transfer from Room Occupancy Tax Fund to Mason's Inlet Project for
maintenance.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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186
187
188
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 5Estimated Time:Page Number:
Department: IT Presenter: Bruce Shell, Jay Graham and Bill Clontz
Contact: Bill Clontz
Item Does Not Require Review
SUBJECT:
E-Payment Transaction Charges
BRIEF SUMMARY:
The Board of County Commissioners approved the development of an E-Payment system as part of the Goals and
Objectives for fiscal year 02-03. As a first step, the IT Department has worked with the Finance and Inspection
Departments to create a system to collect Inspection Fee payments over the internet. In order for this system to be
successful, our banking partner (Bank of America) has stated that unless the County absorbs the nominal transaction costs
associated with collection of inspection fees, the system will not be used. The annual revenue from Inspections fees is 1.6
million. We expect this system will be used for a small fraction of that amount of collections. If we have 10% usage, our
transaction fees would be only $4,690. If the usage is greater, the fees would increase proportionately. For a very small
charge, this system presents the County an excellent opportunity to substantially improve our service offerings to the public,
to reduce clerical workload and to potentially eliminate the charge accounts we currently maintain. For those using this
payment option, the Inspections Department will remain a "payment before service" operation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Move that NHC absorb the transaction costs associated with E-Payments.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
COMMENTS BY: LGL:
COMMENTS BY: FIN:
COMMENTS BY: BUD:
COMMENTS BY: HR:
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192
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 6Estimated Time:Page Number:
Department: Human Resources Presenter: Andre R Mallette
Contact: Andre R Mallette
SUBJECT:
Revisions to Personnel Policy
BRIEF SUMMARY:
The HR staff routinely monitors the County's personnel policies to ensure that they are in compliance with changes in
federal and state laws, recent court decisions, and current practices and trends in personnel management. There are also
minor changes to terminology to clarify current policies. We then compile the changes we feel are relevant and present
them to you for your consideration and approval.
Attached are revisions to ten sections of the personnel policy for which we are requesting your approval. The purpose of
each recommendation can be found in the blue text at the beginning of each section.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request all revisions be made effective August 1, 2003, with the exception of the revisions of Article 3 which should
become effective immediately.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Link to color inserts: Article III
Article V
Article VI, Section 11
Article VI, Section 8
Article VII, Section 25
Article VII, Sections 17, 18 and 20
Article VI, Section 4
Article VII, Section 12
Article VII, Section 14
Article IX, Section 1B
REVIEWED BY:
LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
193
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 7Estimated Time:Page Number:
Department: Planning Presenter: Thomas Herrera-Mishler
Contact: Chris O'Keefe
SUBJECT:
Expenditure of $115,000 of Tidal Creeks Water Quality Education Funds on the Airlie Gardens
Environmental Education Program
BRIEF SUMMARY:
The Tidal Creek Watershed Management Advisory Board has recommended funding part of a request by Airlie Gardens to
augment their environmental education program. The program was very successful in its first year bringing water quality
education to New Hanover County eighth grade students. Additional staff is needed to expand the educational program.
With additional staff, more programs will be added including a third grade program, extensive public programming, summer
enrichment program, Youth at Risk program, and expansion of the eighth grade program to a larger audience across the
state. It is anticipated that the program will be a revenue generator once students from outside the county attend the
education programs. The attached outline highlights how these funds would be allocated. Funds are available through the
remainder of the Clean Water Trust Fund grant originally obtained by the County for the purchase of Airlie Gardens and
other functions, including environmental education.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize the expenditure of Tidal Creeks Water Quality Education funds on the Airlie Environmental Education Program.
One of the positions is an existing grant funded position and the second position is an additional grant funded position. The
positions will be eliminated if grant funds are not available.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions: 2
Explanation: Tidal Creeks Water Quality Education Funds. One of the positions is an existing grant funded position and the
second position is an additional grant funded position,
ATTACHMENTS:
pproved funds forTidal Creeks Environmental Education
TidalCreek a
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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196
197
198
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 8Estimated Time:Page Number:
Department: Human Resources Presenter: Andre R Mallette
Contact: Andre R Mallette
SUBJECT:
New Position - Revaluation Coordinator
BRIEF SUMMARY:
During the reduction-in-force last year, the Tax Department was required to identify two positions for reduction. One of the
positions eliminated was that of the Assistant Appraisal Supervisor. That position was created in 1994 with the intent that
the incumbent would be trained to assume the Appraisal Supervisor's position upon his retirement. The incumbent in that
position was also to act as the Revaluation Coordinator. The position was offered for elimination during the reduction-in-
force under the premise that it would be reestablished in July 2003 when the 2007 revaluation work would start.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve creating the position of Revaluation Coordinator.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions: 1
Explanation: Salary Range - $39,520-$60,632
ATTACHMENTS:
a
Reval Coord Dr
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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The following class specification is intended to represent only the key areas of responsibilities; specific position assignments
will vary depending on the business needs of the department.
DEPARTMENT: Tax REPORTS TO: Appraisal Supervisor
CLASS SUMMARY
Performs administrative and technical work in coordinating appraisal activities in the countywide tax revaluation.
DISTINGUISHING CHARACTERISTICS
This position is a stand-alone classification. The incumbent is responsible for all appraisal activities of the revaluation process:
Plans, organizes and oversees the work of lower level staff in the completion of the revaluation process and performs complex
appraisal in determining the monetary value of real properties. Considerable independent judgment, initiative and tact must be
exercised to effectively coordinate the revaluation process. Work is performed under limited supervision. While the incumbent
does not formally supervise appraisers, s/he exercises functional supervision in assigning tasks, overseeing their work and
contributing to work performance assessments by the Appraisal Supervisor.
TYPICAL CLASS ESSENTIAL DUTIES
Plans, organizes and coordinates a county revaluation process to include the reappraisal of real property subject to ad
valorem tax and the handling of tax appraisal appeals.
Develops and maintains schedules of values, standards and rules used in revaluation and is responsible for the defense of
those values, standards and rules before established commissions.
Participates in meetings and public hearing to explain recommendations and provide staff services; assist in planning and
organizing informal hearing process.
Discusses appraised value and revaluation process with individuals and groups.
Determines the standards of performance by which the work of appraisers and the success of the reappraisal are measured.
Trains appraisal staff on schedule of values.
Monitors compliance with the schedules of values, standards and rules and makes any necessary adjustments.
Supervises the collection and analysis of information on sales of real property, construction costs, on income and expense
information for various types of commerical prooperties and all other factors affecting the values of real estate.
Forecasts trends in these factors and ther effects on real property.
Appraises residential, commercial, industrial and land properties.
Performs other duties of a similar nature or level.
Performs work during emergency/disaster situations.
POSITION SPECIFIC DUTIES
Does not apply.
KNOWLEDGE AND SKILLS
Knowledge of:
State and local laws governing assessment and revaluation.
Accepted practices in real property appraisal work, including present use, residential commercial and industrial properties.
Revaluation methods and procedures and the development of schedules of values, standards and rules.
Construction, building materials and land development costs.
Real property development in the County, economic factors and trends.
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Skill in:
Planning, organizing and coordinating the work of others.
Preparing accurate appraisals independently.
Establishing and maintaining effective working relationships with local and state agencies, realtors, contractors and others
involved in the revaluation process.
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the general public, etc. sufficient
to exchange or convey information and to receive work direction.
TRAINING AND EXPERIENCE
Associate?s degree in Business Administration or a related field and at least three years progressively responsible tax mass
appraisal experience which includes a leadership role in a sucessfully completed revaluation cycle.
LICENSING/CERTIFICATION
NC Department of Revenue certification as a Real Property Appraiser
Valid NC Driver?s License
PHYSICAL REQUIREMENTS/WORKING CONDITIONS
Typically requires climbing, balancing, stooping, kneeling, crouching, reaching, standing, walking,
fingering, grasping, feeling, talking, hearing, seeing and repetitive motions.
Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently, and/or negligible
amount of force constantly to move objects. If the use of arm and/or leg controls requires exertion of forces greater than that for
Sedentary Work and the worker sits most of the time, the job is rated for Light Work.
May be subjected to travel.
GENERAL INFORMATION
FLSA Status: Non-exempt
Class Spec Established/Revised: E5/03
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 9Estimated Time:Page Number:
Department: TAX Presenter: None Required
Contact: Patricia Raynor
Item Does Not Require Review
SUBJECT:
New Hanover County and New Hanover County Fire District Collection Reports
BRIEF SUMMARY:
Collection reports as of May 31, 2003
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request approval of these reports.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
2 attachments to follow
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Approve and accept report.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 10Estimated Time:Page Number:
Department: TAX Presenter: None Required
Contact: Robert Glasgow
Item Does Not Require Review
SUBJECT:
Release of Value
BRIEF SUMMARY:
Request the following late listing penalties be released as this was the taxpayer's first offense:
Nectar, Inc. $716.76
Request approval of the following delinquent applications for exemption from property tax for the following organizations:
(applications and letters explaining late filing available upon request)
Oleander United Methodist Church R06207-015-011-000
St. Paul's United Methodist Church R08818-021-004-000
R08818-021-002-000
The Rock of Wilmington R01800-003-012-000
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Consent Item #: 11Estimated Time:Page Number:
Department: Environmental Management Presenter: Ray Church
Contact: Ray Church
SUBJECT:
Award of Pre-positioned Contract # 03-0288 for Debris Removal
BRIEF SUMMARY:
In an effort to provide for the timely recovery from a natural disaster, the Department of Environmental Management has
requested bids to have a pre-positioned contract in place to remove debris caused by the disaster. A Scope of Services
and bid package was prepared by B. Johnson Environmental Consulting Services and duly advertised. A bid opening was
held on Friday, June 6, 2003. The Scope of Services, upon activation of the Contract by the County, requires the contractor
to remove vegetative and construction/demolition debris from the public right of way to properly permitted and County
designated disposal facilities. The advantage of having a pre-positioned contract in place is to provide for the rapid
response and recovery in the event of a natural disaster. The contractor is required to begin work within 48 hours of the
issuance of a Notice to Proceed. The pre-positioned contract will be dormant until such time as the Notice to Proceed is
issued and will remain active until the County determines the work is complete. If a Notice to Proceed is not issued, the
pre-positioned contract expires on July 1, 2004. The County is not obligated to pay for any services unless the Notice to
Proceed is issued.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The bid opening was held at 1:00 p.m. on Friday, June 6, 2003. The apparent low bidder is D&J Enterprises, Inc. of
Auburn, Alabama. This is the same firm that held the contract to remove debris after hurricanes Bertha and Fran. The firm
performed well and in a timely manner. Staff recommends the award of pre-positioned contract #03-0288 to D&J
Enterprises, Inc.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
s
RESOLUTION.debri
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
209
Approved 5-0.
COMMENTS BY: LGL:
COMMENTS BY:
FIN:
COMMENTS BY:
BUD:
COMMENTS BY:
HR:
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, New Hanover County is a coastal community lying between the Atlantic Ocean, the Cape
Fear River, and the Northeast Cape Fear River;
AND WHEREAS, coastal communities are subject to be struck by natural disasters including, hurricanes,
tornadoes, floods, and ice storms;
AND WHEREAS, New Hanover County has a recent history of being struck by six named hurricanes
since 1996;
AND WHEREAS, the Board of Commissioners are responsible for the safety and welfare of the citizens
of New Hanover County;
AND WHEREAS, debris from natural disasters may jeopardize the safety and welfare of the citizens and
negatively effect the economy of New Hanover County;
AND WHEREAS, the New Hanover County Department of Environmental Management has been
delegated the responsibility of solid waste management to include the removal of debris caused by natural
disasters;
AND WHEREAS, to expedite the recovery from a natural disaster by removing debris in as timely a
manner as is feasible, the Department of Environmental Management has requested that a pre-positioned contract
be in place to secure contracted services for debris removal;
AND WHEREAS, in accordance with normal purchasing procedures, a Request for Proposals was duly
advertised and bids were received and read on Friday, June 06, 2003, for debris removal in the event of a natural
disaster;
AND WHEREAS, bids were received as follows:
Bidder Construction/Demolition Vegetative Debris Removal
Debris Removaland Disposal
D&J, Enterprises, Inc. $8.82/cubic yard $6.72/cubic yard
Crowder - Gulf $9.70/cubic yard $8.20/cubic yard
DRC, Inc. $10.90/cubic yard $7.91/cubic yard
Phillips & Jordan, Inc. $11.75/cubic yard $7.45/cubic yard
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AND WHEREAS, D&J Enterprises, Inc. of Auburn, Alabama is the apparent low bidder
AND WHEREAS, it is the desire of the Board of Commissioners and the Department of Environmental
Management to have a pre-positioned contract in-place to activate in the event that a natural disaster should
strike New Hanover County;
AND WHEREAS, no funds will be expended for this contractual arrangement until such time as a Notice
to Proceed is authorized by the Board of Commissioners in response to a natural disaster;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County that pre-positioned contract Number 03-0288 for the removal of debris caused by a natural disaster be
awarded to D&J Enterprises, Inc. of Auburn, Alabama, and that the County is hereby authorized and directed to
execute said contract, contract form to be approved by the County Attorney.
h
This the 16 day of June, 2003.
NEW HANOVER COUNTY
________________________
Ted Davis, Chairman
Board of County Commissioners
ATTEST:
______________________________
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Budget Amendment
Consent Item #: 12.1Estimated Time:Page Number:
DEPARTMENT: Special Fire Service District
BUDGET AMENDMENT #: 03-0216
ADJUSTMENT DEBIT CREDIT
Appropriated Fund Balance $82,000
Inventory Tax Reimbursement $82,000
EXPLANATION: To budget fund balance in the Fire Service District to replace the Inventory Tax Reimbursement, a
state collected local government reimbursement, that will not be disbursed in FY02-03.
ADDITIONAL INFORMATION: With this appropriation, there is $103,153 of fund balance appropriated in the Fire
Service District in FY02-03.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Budget Amendment
Consent Item #: 12.2Estimated Time:Page Number:
DEPARTMENT: Juvenile Crime Prevention
BUDGET AMENDMENT #: 03-0218
ADJUSTMENT DEBIT CREDIT
Contributions from Southeastern $6,000
Medical Center
Title XIX Fees $15,640
Salaries and Wages $19,600
Social Security Taxes $1,290
Retirement- Local Government $750
Employee
EXPLANATION: To budget additional contribution from Southeastern Medical Center and Medicaid to cover the
balance of the funding for Juvenile Crime Prevention.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Budget Amendment
Consent Item #: 12.3Estimated Time:Page Number:
DEPARTMENT: Juvenile Day Reporting Center
BUDGET AMENDMENT #: 03-0228
ADJUSTMENT DEBIT CREDIT
Juv. Justice Delinquency-State $1,100
Computer Expense $1,100
EXPLANATION: to increase budget for additional JDDJP funds
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Budget Amendment
Consent Item #: 12.4Estimated Time:Page Number:
DEPARTMENT: Federally Forfeited Property
BUDGET AMENDMENT #: 2003-39
ADJUSTMENT DEBIT CREDIT
Federally Forfeited Property $12,798
Capital Project Expense $12,798
EXPLANATION: To increase budget for additional revenue received on May 8 and May 30, 2003. Federal Forfeited
Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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The proposed revisions to Article III are primarily to adapt the language to the practical
application of the policy. References to per cent increases are replaced by references to step
increases because the step increments do not accurately represent per cent increments. New
text is in red; changes/deletions are indicated in the right margin.
*ARTICLE III - THE PAY PLAN
Sec. 1. Adoption
Salary schedules detailing the rates of pay for each pay grade, including the minimum and maximum rates and all points
within each pay grade, shall be adopted by the Board of County Commissioners as the County?s pay plan for the stipulated
fiscal year.
Sec. 2. Administration of Pay Plan
The County Manager shall be responsible for the overall administration and maintenance of the pay plan. The Director of
Human Resources is responsible for the daily administration and maintenance of the pay plan.
The pay plan is intended to provide equitable compensation for all classifications in the classification plan with regard to:
pay grades of other classifications in the plan; the relative difficulty, responsibility and characteristic duties of positions in the
classification, and minimum qualifications required; the prevailing rate paid for similar employment outside the County
service; financial conditions of the County; and any other factors that may properly be considered to have a bearing upon
the fairness and adequacy of the plan. To this end, the Director of Human Resources shall make, or have made,
comparative studies of all factors affecting the level of salary ranges and recommend to the County Manager a pay plan for
the County Manager?s consideration in the preparation of his or her recommended annual budget. The Board of County
Commissioners shall adopt the same, with or without modifications. When so adopted, the pay plan shall remain in effect
until amended by the Board.
When a pay plan has been adopted, the Board shall not change the pay rates of individual employees in the classification
and pay plan to rates outside of the pay plan, unless by amendment of the pay plan.
Sec. 3. Structure of Pay Plan
The pay plan shall consist of one or more salary schedules. Each pay grade in a salary schedule has a minimum rate of
pay, a market (target) rate of pay, and a maximum rate of pay. Each pay grade is divided into two ranges by the target
rate. From the minimum rate to the target rate is the ?developmental range.? From the target rate to the maximum rate is
the ?incentive range.?
Sec. 4. Performance-based Pay Increases
The pay ranges of pay grades are intended to furnish administrative flexibility in recognizing individual performance among
employees holding positions in the same classification by rewarding employees for meritorious service. Advancement through
the range will be accomplished under the guidelines established for the County?s performance management system. The
following general provisions will govern the granting of those within-the-range increments:
Department heads are required to conduct a minimum of one full performance review for all employees, except for temporary
employees, during the fiscal year, whether it results in a pay increase or not. Probationary employees shall have a performance
review to determine eligibility for Active status at the end of the established probationary period.
Probationary employees are not eligible for a merit increase until they have successfully completed probation. When they have
successfully completed probation, department heads have the option of awarding a merit increase, provided they follow the
guidelines as set forth herein.
Employees whose performance is rated below ?expected? are not eligible to receive a merit increase.
Employees whose current salary falls within the development range and whose performance is rated ?expected? are eligible
to receive ana merit increase of 0%-5%one to five steps except that they cannot move past the target rated with an
?expected? rating; employees whose current salary is at the target rate or in the incentive range and whose performance is
rated ?expected? are eligible to receive a merit increase.
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Employees whose current salary falls in the development range, at the target rate, or in the incentive range and whose
performance is rated ?above expected? or ?exceptional? are eligible to receive ana merit increase of 0%- 10%one to ten
steps.
All ?above expected? or ?exceptional? ratings and merit recommendations are subject to being monitored for conformance to
the County?s performance management system. The maximum merit increase that can be awarded to an employee in a
fiscal year is 10%ten steps, whether it is the result of cumulative increases or a single one. All merit increases will be
subject to the availability of funds budgeted to the department?s salary increment account.
Employees in unclassified, ungraded or electedpositions may receive a merit increase in per cent or step increments up to
the per cent amount budgeted for merit awards, as funding allows.
Sec. 5. Other Performance-based Awards
Performance-based pay awards beyond that outlined in Section 4 may be granted in the following cases:
EXCEL Program: A performance-based merit program, it is an enhancement to the pay plan which rewards
(a)
employees for meritorious service who would otherwise be ineligible for a merit award because of being at a rate on the
high end of the range that would not accommodate a regular merit increase recommended by the department head. In this
situation, employees would be eligible to receive, as a regular merit increase, the percentage of thea step increase that
would take them to the maximum rate in combination with a one-time lump-sum bonus for the balance of the merit award.
For example, if an employee was 2%two steps below the maximum rate but the department head wanted to award a
4%four-step merit award, the employee would receive 2%a two step award to reach the maximum rate and a 2% one-time
bonus to make up the 4%total merit award. If currently at the maximum rate, the employee would receive the entire amount
of increase as a lump-sum award, with no charge to the base pay rate. This increase is subject to the availability of merit
funds, just as are regular merit awards.
Merit Bonuses (other than EXCEL): Merit bonuses may be used as an alternative to, or in some
(b)
combination with, regular merit increases. They may be given in recognition of a single accomplishment or for continued
meritorious performance. Merit bonuses are given as a lump sum award, with no change to the base pay rate. This bonus
is subject to the availability of merit funds, just as are regular merit awards.
Special Allowances: Approval for special allowances to employees in the unclassified and classified service,
(c)
which amounts are outside of the parameters of salary ranges provided in this plan, must be obtained for the Board of
County Commissioners.
(d)Incentive Plan: The County Manager may provide alternative compensation for employees, outside of the
parameters of the salary plan, through the establishment of an incentive plan. The incentive plan shall consist of
recognition/reward programs for employees who perform particularly meritorious service for the County.
Sec. 6. Pay Rate Assignments and Differentials within Salary Ranges
All employees covered by the classification and pay plan shall be paid at a base pay rate within the salary range of the pay
grade established for their respective job classifications, except for employees in a ?trainee? status; employees whose
current salaries are above the established maximum rate following transition to a new plan; or employees whose
performance has resulted in a pay rate assignment below the minimum rate of the pay grade for their classification.
Within the pay grade, there may be pay differentials to distinguish some positions from others in the same broad
classification, as follows:
Pay Zones: Pay zones may be established within pay grades to distinguish levels within the same broad
(1)
classification. The Director of Human Resources
Human Resources Director establishes pay zones. A pay zone
structure(s) overlays the pay grade structure, and may be designated as a separate pay grade.
Differential Pay: Department heads may use differential pay to compensate for certain differences among
(2)
positions within the same broad classification which are not substantial enough to distinguish levels or classifications, e.g.,
shift assignment, special skills or additional responsibilities. Differential pay can be long-term or short-term. Differential pay
does not change the base pay rate assignment; it is treated as separate pay, and it shall be taken away if the situation
changes so that the difference no longer exists. Differential pay is not a performance-based award, and shall not be the
substitute for merit awards. Department heads shall use this pay with discretion, and must present proposals and get
222
approval from the Human Resources Director.
Sec. 7. Pay for Trainees
Applicants hired, or employees promoted to a position in a classification with a higher pay rate, Applicants or employees
who do not meet allthe established minimumrequirements of the position to which they are appointed, may be appointed at
a rate of 5% below the minimum rate of the pay grade below the pay gradeestablished for the job (or a similarly lower rate if
no lower pay grade exists), unless placement at a lower rate is approved by the Director of Human ResourcesHuman
Resources Director. An employee will remain at a trainee rate until the department head certifies that the trainee is
qualified to assume full responsibilities of the position and the Director of Human ResourcesHuman Resources Director or
County Manger approves the certification.
Trainees are eligible to receive merit increases, subject to Sections 4 and 5 of this Article, except that such increases
cannot result in placement at a pay rate equal to or above the minimum rate of the pay grade established for the job.
When trainees have been approved for removal from trainee status, they will receive a salary adjustment to the minimum
rate of the pay grade established for the job.
Sec. 8. Pay for New Appointments, Promotions, Reclassifications or Transfers
Applicants hired, or employees reclassified, promoted, or transferred to aanother classification with a higher pay grade,
normally will be placed on the minimum rate of the new pay grade, except in those cases where the employee must enter
as a trainee or where unusual circumstances appear to warrant pay at a higher rate wherein the Director of Human
ResourcesHuman Resources Director shall have the authority to approve appointments made above the minimum rate of
the grade up to the target rate and the County Manager will have to approve appointments above the target rate.
Employees reclassified or transferred because of performance or disciplinary reasons shall not receive a pay increase;
rather, they should expect to receive a pay decrease.
Temporary transfer: A transfer can be a temporary appointment to another classification, or a temporary assignment of
duties and responsibilities of another classification, to address a particular problem or a personnel shortage (e.g., the
extended absence of another employee or a supervisor). Such transfers shall occur only through written notification,
recommended by the department head, and approved by the Director of Human ResourcesHuman Resources Director.
The duration of such transfers must be no less than thirty (30) days and no more than twelve (12) months. Employees
assigned, through this type of transfer, to a lower classification level should not be penalized in salary by placement in the
corresponding lower pay grade. They would continue in the current pay grade, enjoying all the benefits and increases, as
though no transfer had taken place. Employees assigned, through this type of transfer, to a higher classification level
should be granted a 5%five-step increase or paid at the minimum rate of the higher classification pay grade, whichever is
greater, while serving in the higher classification. When the temporary assignment ends and the employee returns to the
lower classification, the rate of pay should equal the rate the employee was paid prior to the temporary transfer, plus any
percent payincrease granted, or which would have been granted, during the period of the temporary assignment. Should
this result in a salary which is at, or exceeds, the maximum rate of the pay grade for the lower classification, the rate would
be capped at that maximum rate and the employee would continue to be eligible for merit awards through the EXCEL
program.
Sec. 9. Pay in Demotion
Employees demoted for disciplinary or performance reasons should expect to have their salary reduced. The amount of
reduction would be determined by the supervisor and the department head and approved by the Director of Human
ResourcesHuman Resources Director, and would be contingent on the severity of the offense or deficiency.
Sec. 10. Pay in Pay Plan Revisions
Maintenance of the pay plan shall include annual surveys of labor market statistics and comparative salary data.
Appropriate grade/range changes or in-range adjustments will be made to the pay plan. Such changes are called a ?market
adjustment?.Individual employees? rates may or may not change, depending upon their rates before the adjustment, the
extent of the adjustment, their employment status and their performance rating at the time the adjustment is effected.
(a)Employee status: Regular (i.e., non-probationary, non-temporary, non-contract) employees in an active
work status who meet the established performance criteria will receive the market anadjustment in a pay plan revision.
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They will remain at their grade and step and will receive the percent adjustment to that grade and step in a change to the
salary structure or they may advance steps in an in-range adjustment. Regular employees who do not meet the
performance criteria at the time of the market adjustment will not be eligible for anthe adjustment at a later date in the fiscal
year.
Probationary employees are not eligible for the market adjustment, but may become eligible when they have successfully
completed probation, if they are certified as having met the established performance criteria.
Employees in a leave-without-pay status at the time of the market adjustment are not eligible for the market adjustment, but
may become eligible when they return to work if they are certified as having met the established performance criteria.
(b)Performance Criteria: The following performance criteria is used to determine eligibility for a market an
adjustment in the form of a change to the salary structure:
Employees whose performance is rated ?expected? or higher will remain at their assigned pay grade and step at the
adjusted rate, which reflects the percent increase of the market adjustment.
Employees in the development range whose performance is rated below ?expected? will not receive the adjustment.
If, in a pay plan revision, a classification is assigned to a different grade, employees in that classification will be placed in
the new grade at the step which corresponds to their current rate.
If the adjustment results in an employee being at a rate lower than the minimum rate of the new pay grade and the
employee?s performance is rated ?expected? or higher, the employee will be placed at the minimum rate; if the employee?s
performance is rated below ?expected?, the employee will be placed in a lower pay grade or at an exception pay rate to
maintain the current rate of pay.
If the adjustment results in an employee being at a rate above the maximum rate of the new pay grade, the employee?s pay
will be frozen at that rate until that rate is within the range of the pay grade to which that position is assigned.
In an in-range adjustment, the salary structure may not change but rather employees may advance a prescribed number of
steps.
Salary increases received as a result of a market adjustment will not be credited towards any ceiling on merit increases;
such increases are tied to performance only so far as to ascertain eligibility.
Sec. 11. Pay for Part-time Work
The pay plan established by this policy is for full-time service. An employee appointed for less than full-time service will be
paid at a rate within the pay grade established for full-time positions within the classification.
Sec. 12. Pay for Temporary Employees
Employees in temporary positions shall be classified and paid at a rate in the pay grade established for regular positions in
the classification, or at a rate established for temporary employees currently serving in that classification.
Sec. 13. Overtime
The payment to employees of premium time and one-half rates in the form of monetary compensation is required for all
employees classified as non-exempt under the Fair Labor Standards Act (FLSA) who work in excess of forty (40) hours in a
seven (7) day week. Employees in the Sheriff?s Department classified as bona fide law enforcement personnel under
Section 207(k) of the FLSA shall be compensated for overtime at the premium time and one-half rate when they work in
excess of 171 hours in a twenty-eight (28) day period.
A.Definitions:
(a)Overtime - Work performed by an employee which exceeds 40 hours in a scheduled work week. (Except
except law enforcement and firefighters).
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(b)Work Period - The work period is a fixed and regularly recurring period of 168 hours (i.e. seven consecutive
twenty-four (24) hour periods) which may begin on any day of the week or at any hour of the day. With the exception of law
enforcement personnel, overtime pay will be calculated on the basis of a forty (40) hour work period.
(c)Hours Worked - Generally, all time during which an employee is required, suffered, or permitted to on the
employer?s premises on duty or at a prescribed work place, except for meals or other periods when he/she is free from
duty, is considered as hours worked. This is so even if the duties are pleasurable rather than burdensome and even if no
productive work is actually performed.
(d)Unauthorized Work - Hours worked by an employee without the employer?s permission or contrary to
instructions may or may not be considered as hours worked. Unrecorded hours worked during a work week by an
employee at the job site or at home must be counted as hours worked if the employer knows or has reason to know of such
practice. The employer must enforce the no work rule and may not unjustly benefit from work performed without his/her
knowledge.
(e)On Call-Time spent by an employee who is required to remain on call on the employer?s premises or so close to
there that the employee cannot use the time for his/her own purposes is considered working time. Employees who are
merely required to leave word as to where they may be reached or who carry telephone pagers are not on call in this sense.
Administration
B.
Overtime opportunities will be distributed as equally as practicable among qualified employees in the same job
classification, department, and shift without regard to age, sex, race, color, creed, religion, national origin, or disability.
(a)In determining the number of hours worked in the seven (7) day, 168 hour work period, time spent on vacation,
sick leave, holidays and other leave will not be counted as time worked. Such time off must be included in straight time
pay, but it is not included in computing hours for overtime pay.
(b)Whenever possible, supervisors shall arrange the work schedules of their employees so that overtime work is
not necessary. If, however, it cannot be avoided because of weather conditions, established seasonal activity,
emergencies, or other approved overtime work, supervisors should exhaust all alternatives to direct monetary
compensation as described in Section (C), ?Types of Compensation."
(c)Overtime compensation rates are established in accordance with the Overtime Classification Schedule,
available from the Human Resources Department and as described below:
(1)Executive and Administrative - Those employees who are designated as performing executive and
administrative functions (as defined by the FLSA) shall be exempt from receiving compensation for overtime work.
(2)Sworn law enforcement personnel shall be eligible for overtime compensation at the one and one-half time
rate for all hours worked in excess of their established work period.
(3)All other County employees, temporary and part-time, who do not fall into one of the categories indicated
above, shall be paid their hourly rate for overtime worked at one and one-half times the hours worked in excess of forty (40)
hours in any work week.
C.Types of Compensation
Compensation for overtime worked is divided into two (2) categories; time off for nonexempt employees and overtime pay.
(a)Time Off for Nonexempt Employees - Supervisors may require non-exempt employees to take time off in one
of the two following manners:
(1)Time Off at the Regular Rate: Supervisors may require employees to take compensatory time off on an
hour-for-hour basis if such time is granted during the same seven (7) day work period in which the overtime is earned.
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(2)Time Off at the Overtime Rate: In those situations where circumstances dictate overtime pay during the first
week of a pay period, the supervisor may require the employee to take time off during the second week of the same pay
period at the time and one-half rate, so that the employee?s pay check will reflect the normal pay for the pay period.
(b)Overtime Pay - Employees identified as non-exempt on the Overtime Classification Schedule (excepting law
enforcement personnel) shall be paid for all hours worked in excess of the standard forty (40) hour work week. Such pay
shall be made at the time and one-half rate for each hour of overtime worked.
Other Overtime Provisions
D.
All other overtime provisions and procedures, including travel time, volunteer work, training time, and workshops, meetings
or seminars will be administered according to the requirements of the FLSA.
Sec. 14. Call Back Pay
Any County employee not in an approved On-Call Standby status, but who is eligible to receive overtime compensation
under this policy, will be guaranteed a minimum payment of two (2) hours wages for being called back to work outside of
normal working hours.
Sec. 15. On Call Policy
New Hanover County provides compensation for employees who are required to be available for after-hours emergency on-
call coverage. Compensation for time spent while on-call and for time spent when actually called back to work shall be
determined in accordance with the procedures/rules outlined below:
(a)Organizations Affected
All Departments
(b)Definitions
(1)On-Call Standby Time - Scheduled non-work hours in excess of the normal work week when an
employee is required to be available and accessible to be called back to work on a regularly scheduled or emergency basis.
(2)Called Back To toWork Time - The actual time spent when called back to work to handle a scheduled or
emergency situation, including travel time to and from home, and time spent on the telephone.
(c)Rules/Procedures
(1)On-Call Standby Time schedules must be approved in advance by the County Manager upon
recommendation of the department head.
(2)Employees approved for On-Call Standby Time will be monetarily compensated for non-work on-call time
using the following formula:
Non-Work
(Actual On-Call Standby Hours X .0625 X Employees hourly rate)
All time spent responding to a call back to work, including time spent on the telephone and in portal-to-portal travel, will
NOT
be recorded in the on-call column, but should be recorded as regular, or overtime hours.
(3)Employees who are actually called back to work will either be paid at their hourly rate, subject to the
availability of funds in the department?s budget, or receive time off in lieu of compensation. Compensation will be based on
actual time spent, or hour for hour.
(4)Employees not approved for On-Call Standby Time, who may find themselves called back to work in an
emergency situation, will be compensated as outlined in the County?s Call Back Policy, Article III, Sec. 12.
(5)The Human Resources Department will maintain a list of employees who are approved for call-pay
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arrangements.
Sec. 16. Payroll Deductions
There are three (3) classes of payroll deductions.
(a)Statutory deductions, mandatory for all County employees
(1)FICA
(2)Federal Income Tax
(3)State Income Tax
(4)Retirement system (deducted for regular employees only)
(b)Voluntary deductions authorized in writing by the employee
(1)Elective Insurance
(2)Health and Dental Insurance
(3)Statement Savings Program
(4)United Way Fund
(5)Deferred Compensation
(6)Credit Union
(7)Supplemental Retirement Income Plan (401(k))
(8)Computer Loan Repayment
(9)Flexible Spending Account
(c)Special deductions, which may be statutory or court-ordered or a part of some legal agreement or settlement.
The following list contains examples of this type of deduction and is not intended to be an all-inclusive list:
(1)Garnishments/Levies
(2)Overpayment of Wages
(3)Under deductions of Statutory Deductions
(4)Court Orders
*Amended May 2001
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The purpose of the proposed revisions to the following sections of the disciplinary policy, Article V, is
to:
Include employee-at-will disclaimer (first paragraph under Section 7);
Limit the procedural requirement for predetermination hearings to potential dismissal actions
(currently includes suspension and demotion, which is more than what case law has indicated
for ?due process?). The predetermination hearing is cumbersome, time-consuming and often
involves suspension with pay until held. Employees suspended or demoted for disciplinary
reasons retain the right of appeal to the County Manager.
Eliminate the right to appeal the contents of performance appraisals. Employees cannot appeal
the amount of a merit award, only the contents of an appraisal. In our experience, for
considerable investigative time and effort involved, these appeals produce minimal factfinding or
resolution by their very nature. The performance appraisal is the supervisor?s assessments. If
there are no statements in the document which can be determined as false, certainly no one in
HR is in a better position to assess the employee than the employee?s supervisor.
Sec. 7. Types of Disciplinary Actions
New Hanover County attempts to provide a uniform administration of disciplinary actions and guidelines.
However, the following procedures are designed so as not to restrict operating personnel and, in no way,
guarantee an employee a right to continued employment.
Following an investigation and substantiation of facts indicating that an employee has violated established
internal policies and/or procedures, a department head may give a verbal or written employee consultation,
suspend an employee without pay, demote or dismiss the employee. Representative causes for employee
consultations and/or disciplinary actions are described in Article V, Sections 8 and 9.
Normally, the more stringent disciplinary actions of suspension, demotion, or dismissal will be preceded by
verbal and/or written employee consultations, as described in Article V, Section 10. However, an employee may
be suspended, demoted or dismissed without prior warning (verbal or written consultation) or disciplinary action
having been given to the employee, if the nature and seriousness of the failure in work performance or personal
conduct warrant it.
Procedures governing disciplinary suspensions and demotions are described in Article V, Sections 11,and12
and 14. Dismissal actions must adhere to the steps outlined in Article V, Sections 13 and 14 of this
manualArticle.
Sec. 8. Failure in Performance of Duties
The following causes relating to failure in the performance of duties are representative of, but not limited to
those considered to be adequate grounds for disciplinary action, up to and including dismissal:.
(a)inefficiency, negligence or incompetence in the performance of duties;
(b)careless, negligent or improper use of County property or equipment;
(c)discourteous treatment of the public or other employees;
(d)absence without approved leave;
(e)habitual improper use of leave privileges;
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(f)habitual pattern of failure to report for duty at assigned time and place;
(g)guilty of gross misconduct or conduct unbecoming to a public officer or employee;
(h)participation in any action that would in any way seriously disrupt or disturb the normal operation of the
agency, institution, department or any segment of local government;
(i)trespassing on the home of any public official or employee for the purpose of harassing or forcing dialogue or
discussion from the occupants;
(j)willful damage or destruction of property;
(k)willful acts that would endanger the lives and property of others;
(l)possession of unauthorized firearms or lethal weapons on the job;
(m)brutality in the performance of duties;
(n)refusal to accept a reasonable and proper assignment authorized by a supervisor (insubordination);
(o)acceptance of gifts in exchange for favors or influence;
(p)betrayal of confidential information to unauthorized persons;
(q)engaging in incompatible employment or serving a conflicting interest;
(r)taking part in a political activity that is restricted by Article VI, Section 3, of this personnel manual.
Sec. 9. Failure in Personal Conduct
An employee may be disciplined for causes relating to personal conduct detrimental to County service. The
following causes related to failure in personal conduct are representative of but not limited to those considered
to be adequate grounds for disciplinary action, up to and including dismissal:
(a)fraud in securing appointment;
(b)conviction of a felony or of a misdemeanor which would adversely affect performance of duties, or the entry
of a plea of "no contest" to either;
(c)misuse of County funds;
(d)falsification of County records for personal profit or to grant special privileges;
(e)reporting to work under the influence of alcohol or narcotic drugs or partaking of such things while on duty or
while on public property, except that prescribed medication may be taken within the limits set by a physician so
long as medically necessary.
Sec. 10. Procedures for Verbal and Written Employee Consultations
An employee whose work and/or conduct is unsatisfactory will be notified by the supervisor in what way the
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employee?s work and/or conduct is deficient, and what must be done to rectify the situation. A reasonable
period of time for improvement may be allowed but if improvement is not shown, more severe disciplinary
actions, possibly leading to dismissal, may be instituted. Discussions with the employee regarding performance
deficiencies may be informal (verbal) or formal (written), depending on the seriousness of the incident or
situation, and the pattern of the employee?s past conduct and performance as it relates to the employee?s job.
Verbal Employee Consultations
(a)
Normally, prior to taking any formal disciplinary actions against an employee for unsatisfactory
performance or conduct, the supervisor will meet informally with the employee to discuss observed performance
activitiesdeficiencies; in what way the employee needs to improve such activities; and, to establish the time
frame in which such improvement shall be expected. All verbal employee consultations with the employee must
be documented using the Employee Consultation Memo. Unless some formal disciplinary action is taken, the
memo should be retained in the departmental incidents personnel files.
Written Employee Consultations
(b)
An employee who does not respond to informal coaching efforts by the supervisor regarding
performance and/or conduct deficiencies, or who is cited for a serious infraction, may be subject to more
stringent actions by the supervisor. The action(s) taken can be to give a written employee consultation or to
suspend, demote or dismiss the employee if the nature and seriousness of the failure in work performance or
personal conduct warrant such action.
Written consultations with the employee regarding their deficiencies and/or actions shall be documented using
the Employee Consultation Memo and, shall set forth the points for which the employee has received the
memorandum of warning; the corrected performance that must take place; the dates of any Previous
discussions with the employee; and, any other pertinent information requested on the Employee Consultation
Memo. A copy of the written warning must be forwarded to the Human Resources Department by the
department head to be filed in the employee?s personnel folder. All written warnings and subsequent disciplinary
actions may be appealed pursuant to Article V, Section 15, Employee Appeals.
An employee will normally receive at least three (3) formal one or more written warnings before he/she is
suspended, demoted or dismissed. The three (3) warnings may result from any kind or class of conduct related
or unrelated, constituting failure in performance of duties or in personal conduct at any time during employment,
and are not limited to those listed in subparagraphs (a) through (s) in Section 8 and, (a) through (e) in Section 9
of this Article. However, if the nature and seriousness of the failure in work performance or personal conduct
warrants, the employee may be suspended, demoted or dismissed without prior warnings or disciplinary action.
Sec. 11. Procedures for SuspensionsDisciplinary and Administrative Suspension
The department head, in consultation with the Human Resources Director, must determine whether a
disciplinary or administrative suspension is appropriate, and whether it should be with or without pay, based on
all relevant facts and circumstances surrounding the situation or incident.
Disciplinary Suspension: A suspension without pay for a pre-determined period of time may be used as the
appropriate disciplinary measure to correct work performance or personal conduct deficiencies. A disciplinary
suspension normally accompanies a written warning and, therefore, is documented using the Employee
Consultation MemoThere are also other uses for suspension: An administrative suspension, with or without
pay, may be used for certainsituations or incidents as part of the procedure leading to possible subsequent
disciplinary action, as described within this Section and in accordance with Section 14, Predetermination
Hearings, of this Article.
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Administrative Suspension: In some cases it may be determined that the removal from the workplace of an
employee would be in the best interest of the employer and/or the employee. Possible reasons include, but are
not limited to, to avoid undue disruption of work, to protect the safety of persons or property, or for other serious
reasons. Also, such a suspension may be used to provide time to investigate, establish facts, and reach a
decision concerning an employee?s status or it may be appropriately used to provide time to schedule and hold a
predetermination conference. Administrative suspensions may be directed with or without pay as described
below in Subsections (a) and (b) of this Section, but shall not be used for the purpose of delaying an
administrative decision regarding the employee?s work status pending the results of a civil or criminal court
matter involving the employee.
The department head, in consultation with the Director of Human Resources, must determine whether a
disciplinary or administrative suspension is appropriate, and whether it should be with or without pay, based on
all relevant facts and circumstances surrounding the situation or incident.If a suspension without pay is
determined appropriate, before any such action is taken, the procedures in Section 14 of this Article shall be
followed.
(a)AdministrativeSuspension without Pay (Administrative Suspension)
The department head, in consultation with the Director of Human Resources Human Resources Director
or designee, may suspend an employee without pay for a period not to exceed fifteen (15) working days (unless
an extension is granted by the Director of Human ResourcesHuman Resources Director) during the internal
investigation of that employee on any presumed violations of established internal policies and/or procedures;
provided that such violations may, if proven, form the basis for disciplinary suspension, demotion or dismissal.
Suspension without pay must be preceded by a review of available evidence and a determination that such
evidence comprises sufficient grounds to suspend without pay, pending the results of further investigation.
Sufficient grounds are defined as:
(1) Demonstrated evidence that the employee?s presence and actions will cause undue disruption of
work or pose a threat to the safety of persons or property;
(2) The evidence compiled during a preliminary investigation, including that offered by the concerned
employee, is substantial enough to assume that the results of further internal investigations will prove the
employee?s guilt.
(b) Administrative Suspension with Pay (Administrative Suspension)
, may suspend an
The department head, in consultation with the Human Resources Director or designee
employee with pay for a period not to exceed fifteen (15) working days (unless an extension is granted by the
Director of Human Resources the Human Resources Director), during the investigation of that employee on any
presumed violations of established internal policies and/or procedures if the following conditions exist:
(1)Available evidence is not substantial enough to suspend without pay;
(2)The employee?s presence in his/her usual work environment causes undue disruption of work or
poses a threat to persons or property for reasons not attributable to any actions by that employee;
(3)Efforts have been made to place the employee in another position for the duration of the
investigation.
Sec. 12. Disciplinary Demotion
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A demotion to a lower position classification may be used as the appropriate disciplinary measure to correct
work performance or personal conduct deficiencies. Employees demoted for disciplinary or performance-based
reasons should expect to have their salary reduced, the amount of reduction contingent on the severity of the
offense or deficiency and to be determined by the department head and approved by the Director of Human
ResourcesHuman Resources Director.Prior to a demotion, the procedures in Section 14, Predetermination
Hearing, of this Article shall be followed.
A proposed demotion which necessitates the reclassification of a position to an existing classification must be
approved by the Director of Human ResourcesHuman Resources Director and County Manager. The
reclassification of a position to a classification not in the position classification plan must be approved by the
Director of Human ResourcesHuman Resources Director, the County Manager and the Board of County
Commissioners.
Sec. 13. Dismissal
Failure in Performance of Duties
(a)
An employee who continuously fails to achieve the performance levels established and communicated by
the respective supervisor(s), faces the possibility of dismissal as the appropriate disciplinary action to be taken
by the appointing authority. Dismissal for performance deficiencies will normally be preceded by the steps
outlined in Article V, Section 10, (a) and (b); or, in the case of a serious infraction, may result from one incident.
Failure in Personal Conduct
(b)
Dismissal of an employee charged with failure in personal conduct may be preceded by the steps
outlined in Article V, Section 10, (a) and (b); or, in the case of a serious infraction, may result from one incident.
Cumulative Employee Consultation Memos
(c)
An employee who receives three written (3) Employee Consultation Memos for failure in performance of
duties and/or failure in personal conduct, during any consecutive three (3) year period shall be dismissed. The
three (3) warnings may result from causes related or unrelated, constituting work and/or conduct that is
unsatisfactory.
*Sec. 14. Predetermination Hearing (for suspension without pay,demotion or dismissal)for Dismissal
A non-probationary employee in a regular position facing suspension without pay, demotion or dismissal is
entitled to notice of the charges against him/her, an explanation of the employer?s evidence, and an opportunity
to present his/her side of the story. In the case of dismissal pursuant to Sec. 13(c), Cumulative Employee
Consultation Memos, the employee is entitled to notice of the charges contained in the third memo and an
opportunity to present his/her side of the story. The following activities must precede the suspension without pay,
demotion or dismissal of any such county employee:
(a)The department head or designee (and immediate supervisor, if different from the department head),
must meet with the concerned employee to issue a written notice of the charge(s) against the employee; to
discuss all pertinent information regarding the wrongful action(s); and to allow the employee to respond to the
allegation(s). The department head shall provide the employee with a written notification of the proposed
, which will include its recommended effective date; the reason(s) for the disciplinary
disciplinary action, dismissal
action; and a date and time for a predetermination hearing.
At this hearing the employee may present any response to the proposed disciplinary action to the department
head. In the case of dismissal pursuant to Sec. 13(c), Cumulative Employee Consultation Memos, the employee
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may present any response to the charges contained in the third consultation memo and to the prosposed
disciplinary action. No attorneys representing either side may attend the conference.
(b)The department head will consider the employee?s response, if any. Based on the results of the hearing
in (a), the department head in consultation with the Director of Human ResourcesHuman Resources Director,
may elect to:
suspend without pay, demote or dismiss the employee as the appropriate disciplinary measure;
(1)
(2)impose less stringent disciplinary actions described in Section 7 of this Article;
pending further investigation;
(3)suspend the employee without pay (pursuant to Article V, Section 11),
(4)suspend the employee with pay pay (pursuant to Article V, Section 11), pending further investigation;
(5)take no further actions against the employee.
In the case of dismissal pursuant to Sec. 13(c), Cumulative Employee Consultation Memos, dismissal is
required if, after the hearing, the third consultation memo is upheld. The department head may select an
alternative to dismissal ONLY if s/he determines the third consultation memo is not upheld. If that is the case,
s/he may reduce the third consultation memo to a verbal consulation memo (only if the charges are consistent
with a verbal memo rather than a written memo), or withdraw any disciplinary action(only if the charges are not
substantiated or if the application of disciplinary action is determined to be inconsistent with past practice for
similar situations).
The department head will within three (3) working days, but not less than one (1) working day, of the
predetermination hearing, notify the employee in writing of the determination. If it is the final determination
[determinations excluding (3) and (4) aboveadministrative suspension pending further investigation], the notice
shall contain a statement of the reason(s) for the action and the employee?s appeal rights, if applicable.
(c)If the Department Head elects either (3) or (4) aboveadministrative suspension pending further
investigation, pursuant to the results of further investigation, and in consultation with the Director of Human
Resources, that authority may, within fifteen (15) working days following the predetermination hearing in (a):
(1)suspend without pay, demote ordismiss the employee as the appropriate disciplinary measure;
(2)impose other disciplinary actions, as deemed appropriate;
(3)reinstate the employee and, if necessary, award back pay for the any period of interim
suspension without pay.
The department head will notify the employee in writing of the determination. The notice shall contain a
statement of the reason(s) for the action and the employee?s appeal rights.
(d)The notice of disciplinary action to be taken must be signed by the employee (or a witness if the
employee refuses), or sent to the employee?s home address by registered mail.
(e)An employee who is dismissed or receives any type of disciplinary action as a result of this procedure
may appeal the decision in accordance with Article V, Section 15, Employee Appeals.
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Sec. 15. Employee Appeal Procedures
Non-Department Heads
A.
Appeal of Suspension, Demotion or Dismissal
An employee who has successfully completed the probationary period, and who wishes to appeal a suspension,
demotion or dismissal may, within five (5) working days after the disciplinary action and after notifying his/her
department head in writing of his/her intentions, appeal the action in writing to the Director of Human
ResourcesHuman Resources Director. The appeal must be delivered to the Human Resources Department, no
later than 5:00 p.m. on the fifth day. The appeal must contain the response of the employee to the charges, a
response to the disciplinary actions taken, the remedy desired by the employee, and any other pertinent
information. The Director of Human ResourcesHuman Resources Director shall make a recommendation to the
County Manager within fifteen (15) working days after receipt of the appeal, and will also notify the employee of
his recommendation in writing by registered mail to the employee?s home.
The recommendation to the County Manager will include the specifics of the charges, and what additional
actions should be taken.
Unless a hearing is requested, the County Manager will render a final decision within five (5) working days after
the deadline for requesting a hearing. The decision will be sent to the employee?s home by registered mail. In
the event a hearing is requested, the following policy applies:
Hearing for Suspension, Demotion or Dismissal
At the request of the Director of Human Resources Human Resources Director or the appealing
employee, the County Manager will conduct a hearing in the matter of suspension, demotion or dismissal. A
request by the employee for a hearing shall be made within five (5) working days after receipt by the employee
of the recommendation of the Director of Human ResourcesHuman Resources Director.
In the event a hearing is held, the appealing employee and his department head will both be present and have
the right to be represented by counsel. Either party may request the presence of any person(s) who will
provide information that will assist the County Manager in rendering a decision. The names of all such persons,
shall be submitted to the County Manager no later than five (5) working days prior to the hearing date. The
County Manager will reserve the right to limit the number of persons to appear.
The County Manager will render a decision, which includes the basis for the decision and evidence relied upon,
within five (5) working days after the hearing and will send the decision to the employee?s home by registered
mail. The decision of the County Manager will be final.
All hearings provided for herein shall be conducted during working hours.
Appeal of a Memorandum of Warning or Performance Appraisal
An employee who has successfully completed the probationary period, and who wishes to appeal a
memorandum of warningwritten warning (employee consultation memo or the contents of a performance
appraisal) may within five (5) working days after the disciplinary action or performance appraisal, and after
notifying his department head in writing of his intentions, appeal the action/appraisal in writing to the Director of
Human ResourcesHuman Resources Director. The appeal must be delivered to the Human Resources
Department no later than 5:00 p.m. on the fifth day. The appeal to the Director of Human ResourcesHuman
Resources Director must contain the following information described below.
:(1)Appeal of Memorandum of Warni the response of the employee to the charges and the remedy desired
by the employee.
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Appeal of Contents of a Performance Appraisal
(2)
The request from an employee appealing the contents of a performance appraisal must contain the
response of the employee to the portion of the performance appraisal to which there is an objection and the
remedy desired by the employee. An employee may not file an appeal of a Performance Appraisal based upon
the amount of merit increase awarded.
The Director of Human ResourcesHuman Resources Director will assign the appeal to a staff investigator to
determine the merit of the action. Within fifteen (15) working days after receipt of the employee?s notice of
appeal, the staff investigator will make a recommendation to the Director of Human ResourcesHuman
Resources Director regarding the disposition of the appeal, and the basis for the recommendation and evidence
relied upon. The Director of Human ResourcesHuman Resources Director reserves the right to further
investigate any issues raised in the appeal.
The Director of Human ResourcesHuman Resources Director will render a decision within five (5) working days
after receipt of the staff investigator?s recommendation. The decision will be sent to the home of the appealing
employee by registered mail. The decision of the Director of Human ResourcesHuman Resources Director is
final.
Failure to comply with Established Procedures
If the appealing employee fails to comply with the procedures and time limits established herein, the
Director of Human ResourcesHuman Resources Director may dismiss the appeal.
Department Heads
B.
A department head wishing to appeal a letter of warning, suspension, demotion, or dismissal may, within
fifteen (15) working days after the disciplinary action, appeal the action in writing to the Board of County
Commissioners. The appeal must contain the response of the department head to the charge(s), a response to
the disciplinary action(s) taken, the remedy desired by the department head and any other pertinent information.
The Board of Commissioners will schedule a hearing which shall be held during a regular meeting of the Board.
The Department Head shall have the right to be represented by counsel and may request the presence of any
person(s) who will provide information that will assist the Board of Commissioners in rendering a decision. The
names of all such persons, including the name of counsel hired by the Department Head, and how they are
related shall be submitted to the Board of Commissioners no later than fifteen (15) working days prior to the
hearing date. The Board of Commissioners reserves the right to limit the number of witnesses to appear and to
hold the hearing in Executive Session pursuant to N.C.G.S. 143- 318.11 (8).
The Board of Commissioners will render a written decision within fifteen (15) working days after the hearing,
which shall include the basis for the decision and the evidence relied upon. The decision of the Board of
Commissioners will be sent to the home of the department head by registered mail. The decision of the Board
will be final.
Failure to Comply with Established Procedures
If the appealing department head fails to comply with the procedures and time limits established herein,
the Board of Commissioners may dismiss the appeal.
**Sec. 16. Polygraph Examinations
Upon approval by the County Manager, an employee accused of misconduct may be required to submit to a
polygraph examination during the County?s investigation of the allegation. Prior to the administration of the
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polygraph examination, the affected employee must be informed:
1) That the questions will relate specifically and narrowly to the performance of official duties;
2) That the answers cannot be used against the employee in any subsequent criminal prosecution; and
3) That the penalty for refusing to participate in the polygraph exam is dismissal.
*Amended September 1996
** Amended October 2001
*Amended May 1992
*Amended April 1997
*Amended October 1992
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The purpose of the proposed amendment to Article VI, Sec. 11 is to facilitate any disciplinary/appeal
actions associated with the County?s internal workplace harassment complaint procedures and ensure
due process in the course of such actions. The amendment moves the authority to make a
determination as to the appropriate County response to such complaints from the County Manager to
the Human Resources Director, and provides the employee facing disciplinary action the right of appeal
to the County Manager. Currently, the County Manager makes the determination and there is no appeal
right unless the disciplinary action is dismissal. This revision would make these disciplinary/appeal
procedures consistent with the disciplinary/appeal procedures outlined in Article V which defines
general disciplinary procedures. New text is in red; changes/deletions are indicated in the right margin.
Sec. 11. Unlawful Workplace Harassment and Discrimination
Policy Statement
A.
New Hanover County promotes a work environment free of unlawful workplace harassment or discrimination. In
accordance with federal and county anti-discrimination laws, the County prohibits any supervisor, employee,
agent or customer of the County from harassing or otherwise discriminating against any individual on the basis
of sex, race, color, religion, national origin, age or disability status. Nor shall any supervisor, employee, agent or
customer of the County make unsolicited and unwanted sexual advances of a verbal or physical nature toward
another employee, applicant for employment, or any other individual.
In accordance with Title VII of the
Civil Rights Act of 1964 and the New Hanover County Fair Employment Ordinance which makes it an unlawful
employment practice for an employer or any agent of the employer, to harass or otherwise discriminate against
any individual on the basis of sex, race, color, religion, national origin, age or disability status. Nor shall any
supervisor, employee, or agent of the County make unsolicited and unwanted sexual advances of a verbal or
physical nature toward another employee or applicant for employment.
Personnel decisions (including decisions affecting hiring, promotions, work assignments, terminations,
disciplinary actions, receipt of benefits or participation in organization sponsored programs) shall not be based
on an individual?s protected status, or submission to or rejection of any act of sexual harassment.
All complaints of unlawful workplace harassment, including sexual harassment, will be investigated promptly and
where necessary, immediate appropriate action will be taken to stop and remedy any such conduct. Any
supervisor, agent or employee found in violation of this policy is subject to disciplinary action, including
discharge dismissal.
B.Definition
1. Unlawful Workplace Harassment is unwelcome or unsolicited speech or conduct based upon race, sex,
color, religion, national origin, age or disability status that creates a hostile work environment or circumstances.
may include offensive photos, jokes, remarks, threats, etc.
Harassment can
2. Sexual Harassment is defined by Federal guidelines as ?unwelcome sexual advances, requests for
sexual favors, or other verbal or physical conduct of a sexual nature," where one or more of the following occur:
(a)Submission to sexual advances is a term or condition of employment.
(b)Submission to or rejection of sexual advances is used as the basis for making employment
decisions.
(c)Such verbal or physical conduct, explicit or implicit, interferes with an individual?s work performance
or creates an intimidating, hostile or offensive working environment.
Internal Complaint Procedures
C.
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The following procedures are written to encourage employees individuals who perceive instances of
sexual harassment or other unlawful workplace harassment, including sexual harassment, to, without fear of
w
retaliation, use the County?s internal procedures to resolve the situation and/or complaint.ithoutfear of
retaliation, Oncea complaint is received, the County has an obligation to all employees to thoroughly
investigate the complaint and take appropriate action.
(a)The complaining party should report, orally or in writing, any instances of perceived unlawful
workplace harassment, including sexual harassment to his or her supervisor, department head, and/or to any
member of Human Resources staff.
(b)The supervisor or department head to whom the complaint is made shall notify the Human
Resources Department within three (3) working days of the complaint.
(c)The Human Resources Department will receive the written complaint and any supporting evidence
and/or documentation, or cause a written complaint to be made from interviewing the complaining party. The
Director of Human Resources Human Resources Director shall notify all concerned parties that a complaint has
been filed.
(d)The Director of Human Resources, or his/her designee(s), will immediately beginThe Human
Resources Director will assign the complaint to a Human Resources staff member who will immediately begin to
investigate the complaint. The investigation will consist of interviewing all concerned parties, including the
complaining party, the alleged offender(s) and witnesses, and gathering any other relevant evidence or
documentation. The Director of Human Resources Human Resources Director will immediately recommend to
the County Managertake appropriate interim action, if necessary. The Director of Human Resources, or his/her
designee(s), will complete the investigation and recommend appropriate action to resolve the complaint to the
the Human Resources Director
County ManagerThe investigation shall be completed and a report given to
within fifteen (15) working days of the receipt by the Human Resources Department of the written complaint,
unless an extension is granted by the complaining party. When the County Manager has made a determination,
the Director of Human Resources will notify the concerned parties of the determination.
(e) The Human Resources Director
will make a determination as to the resolution of the complaint and
will notify the concerned parties of the determination.
(f) Indviduals found in violation of this policy shall be subject to disciplinary actions, up to and including
The Human Resources Director
dismissal. will determine appropriate disciplinary action and will notify the
employee in writing of the determination, the effective date, thereason therefor, and the employee?s appeal
rights under this Article. The written notification shall be sent to the employee?s home address by certified,
registered mail.
(eg)All complaints and subsequent investigations will be held in strictest confidence.
(fh)Retaliatory actions against the complaining party and his/her witnesses will not be tolerated by New
(
Hanover County. Complaints of retaliation will be immediately investigated and appropriate action will be
the Human Resources Director.
taken.by
(i) Workplace Harassment Complaint Determination Appeal Procedures
An employee who has successfully completed the probationary period, and who wishes to appeal the Human
Resources Director?s determination may, within five (5) working days after receipt of the determination, appeal in
writing to the County Manager. The appeal must be received by the County Manager?s Office no later than 5:00 p.m.
on the fifth day. The appeal must contain the employee?s response to the charges, a response to the disciplinary
actions taken, the remedy desired and any other pertinent information or evidence. If the appealed disciplinary
action is dismissal, the County Manager may grant a hearing with the employee. Otherwise, the County Manager will
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review the contents of the file prepared by the Human Resources Director and the contents of the employee?s
appeal.
If the appeal does not involve a hearing, the County Manager will render a decision, which includes the basis
for the decision and evidence relied upon, within five (5) working days after receipt of the appeal and will send the
decision to the employee?s home by certified, registered mail. The decision of the County Manager will be final.
In the event a hearing is held, the appealing employee and the Human Resources Director will both be
present and have the right to be represented by counsel. Either party may request the presence of any person(s)
who will provide information to assist the County Manager in making a decision. The names of such persons,
including the name of counsel hired by the employee, and how each is related to the case, shall be submitted to the
County Manager no later than five (5) working days prior to the hearing date. The County Manager will reserve the
right to limit the number of persons to appear.
The County Manager will render a decision, which includes the basis for the decision and evidence relied
upon, within five (5) working days after the hearing and will send the decision to the employee?s home by certified,
registered mail. The decision of the County Manager will be final.
(g)Individuals found in violation of this policy shall be subject to disciplinary actions up to and including
Formal Charges
discharge.D.
The above procedures not withstanding, an aggrieved person retains the right to file a formal charge of
discrimination with the New Hanover Human Relations Commission within 180 days of the alleged incident(s)
and/or with the Equal Opportunity Commission within 300 days of the alleged incident(s).
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The purpose of the proposed amendment to Article VI, Sec. 8 is to reflect the addition of security/access to
the badging system and to give employees notice they will be subject to disciplinary action for failure to
immediately report lost or stolen badges. The red text indicates additions. Deletions and other changes are
noted in the right margin.
Sec. 8. Employee Identification/Security Badge Policy
The County?s badging system serves a dual purpose: to provide indentification and to provide access to specific
buildings or areas when the doors are locked to the general public. Consistent with established procedures,
appropriate badges are issued to employees, board and committee members, and certain visitors.
All employees are required to wear nameissued badges while in an official working capacity, including visiting
other departments. Failure to do so may result in disciplinary action.
Payment for each initial badge will be provided by the hiring department as soon as possible after a job offer
has been accepted. Any badge lost will be paid for by the employee.
A lost or stolen badge must be reported immediately to the Human Resources Department so that it may be
deactivated. Employees failing to adhere to this requirement will be subject to disciplinary actions. Employees
may be charged for replacement badges.
Any exception to the provision of this policy must be approved by the County Manager.
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244
With the increased incidence of military leave use, we need to clarify and expand the County?s policy
regarding provisions, rights and responsibilities under Article VII, Sec. 25. New text is in red;
changes/deletions are indicated in right margin.
Sec. 25. Military Leave
In addition to reinstatement rights for veterans returning from active duty (Article V, Sec. 5), the Uniformed
Services Employment and Reemployment Rights Act provides military leave to members of The National Guard
or Armed Forces Reserve who leave an other than temporary position to enter a period of initial active duty for
training, or tours of training duty, (including summer camp, field training, unannounced practice alerts, and
attendance at service schools), or are ordered into an active status for defense purposes.
The following guidelines outline the county?s pay practice for individuals utilizing Military Leave.
In accordance with federal and state laws, the County provides military leave to employees who are members of
the uniformed services for absences to perform military duty, whether voluntary or involuntary. Absences to
perform any military duty (including active duty, active duty training, inactive duty training such as scheduled
drills and summer camp, full-time National Guard federal duty, fitness-for-duty examination, and funeral honors
duty) are covered by this policy, unless the employee reaches the five-year maximum of military leave as
established by the Uniformed Services Employment and Reemployment Rights Act (USERRA). This policy
provides military leave to regular and temporary County employees unless their employment is for a brief,
nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for
a significant period.
Employees should submit a request for military leave to the supervisor or department head as soon in
advance of the military duty as possible. The request should be in writing and should be accompanied by a copy
of the military orders. Employees must report back to work as soon after military duty as possible, consistent
with federal and state laws. If the reason for the employee?s delay is not related to military duties, the employee
is subject to the personnel policies and practices normally applied to employees with unexcused absences.
Regular employees may choose whether to use military leave (leave without pay), accrued personal
leave (leave with pay), or some combination thereof for these absences. For certain periods of military duty,
regular employees choosing to use military leave may receive a pay differential to make up the difference
between their regular County wage and military pay received during the period of military leave. The following
guidelines outline the County?s differential pay practice for regular employees using military leave:
a)For the first (10) work days of military leave for training purposes, the employee may receive differential
pay, provided that the military pay is less than the regular county pay. For training periods in excess of ten (10)
work days, employees may, but are not required to, use any accumulated personal leave or, be placed in a
leave without pay status, subject to the provisions of Article VII, Sections 18 and 19.a) For absences due to
training (active duty training, inactive duty training such as scheduled drills and summer camp), fitness-for-duty
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examination or funeral honors duty, the employee may claim up to ten (10) days of differential pay per calendar
year, provided the days are recorded as military leave and the military basic pay is less than the employee?s
regular County pay.
For periods of active duty, other than for the purpose of determining physical fitness or training, employees
b)
may receive differential pay, for a maximum period of six (6) consecutive months, provided that the military pay is
less than the regular county pay. For periods in excess of six (6) months, employees may, but are not required to,
use any accumulated personal leave or, be placed in a leave without pay status, subject to the provisions of Article
VII Sec. 18 and 19.b) For periods of active duty, other than for purposes of training, fitness-for-duty examination or
funeral honors duty, the employee may receive differential pay for a maximum period of six (6) consecutive months
per calendar year, provided the days are recorded as military leave and the military basic pay is less than the
employee?s regular County pay.
c)Where pay is involved, the employer may require the employee to submit a copy of his/her orders or other
appropriate documentation evidencing performance and compensation pertinent to the military duty.
c) To claim differential pay, the employee must submit a copy of his/her military orders, pay vouchers, and other
appropriate documentation evidencing performance and compensation pertinent to the military duty.
d)An employee returning from a Military Leave of Absence, is entitled to return to his/her position with such
seniority, status, pay, and vacation (provided she/he did not voluntarily take such leave), as she/ he would have
had if she/he had not been absent for such purposes, and shall be entitled to participate in insurance and other
benefits offered by the employer pursuant to established rules and practices pertinent to other types of leaves of
absence.
Regular employees choosing to use personal leave(paid leave) rather than military leave for the period of
military duty will not receive differential pay.
During the period of military leave, regular employees may continue health and dental insurance coverage, provided
they continue to pay their share of the premiums. As with any other unpaid leave, employees do not accrue personal
leave or sick leave during the period of leave without pay. However, the balance of such accruals on the date of
commencement of the military leave will remain intact for the employee?s return to work.
Regular employees returning from military leave are entitled to return to the position they would have had,
had they remained continuously employed, with such seniority, status, and pay, as they would have had and they
shall be entitled to participate in insurance and other benefits offered by the County pursuant to established rules
and practices pertinent to other types of leaves of absence. However, if employees are on leave 91 days or more or
if they receive a disability in military service which renders them unable to perform the functions of the position they
would have had, had they remained continuously employed, they may be offered a position of equivalent seniority,
status and pay, provided they meet the qualifications for the equivalent position, in lieu of the position they would
have had. If employees cannot become qualified for the position they would have had, they may be placed in their
pre-service position so long as they are qualified for the job or could become qualified. If they cannot become
qualified for the pre-service position, they may be placed in any other position of lesser status and pay for which they
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are qualified.
An employee?s entitlement to the provisions of this section terminates upon the occurrence of any of the
following events:
(1) Such employee is separated from uniformed service with a dishonorable or bad conduct discharge;
(2) Such employee is separated from uniformed service under other than honorable conditions, as characterized
pursuant to regulations prescribed by the Secretary concerned;
(3) The County?s circumstances have so changed as to make such reemployment impossible or unreasonable;
or
(4) Such employee gives clear written notice s/he has no inte
ntion of returning to work.
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The purpose of the proposed amendments to Article VII, Sections 17, 18 and 20 is to clarify intent, to
extend the continuation of health and dental insurance coverage at the employee rate to employees on
approved medical leave without pay or military leave without pay, and to ensure compatibility with federal
legislation, specifically the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act
(ADA), the Workers? Compensation Act, and the Uniformed Services Employment and Reemployment
Rights Act (USERRA). Section 20, Workers? Compensation Leave, was also generally ?cleaned up.? The
text in red indicates additions. Deletions and other changes are indicated in the right margin.
Sec. 17. Leave Without Pay - Policy
A regular full-time, part-time or probationary employee may be granted a leave of absence without pay for up to
, except that
one year by the County Manager (which may include up to twelve weeks of approved FMLA leave)
temporary employees will be granted leave without pay, if necessary, while on Worker?s Compensation Leave.
The leave will be used for reasons of personal or family disability, continuation of education, or special work that
will permit the County to benefit by the experience gained or the work performed, or such other reasons for
which the County Manager deems appropriate. An employee may alternate the leave without pay with working
time, but no employee will be permitted to rotate in and out of a leave without pay status and a paid leave status.
. The employee is obligated to return to
The employee will apply in writing to the supervisor for leave without pay
duty within or at the end of the time determined appropriate by the County Manager. If the employee decides
not to return to work, he should notify his supervisor immediately. Upon returning to duty after being on leave
without pay, the employee shall be entitled to return to the same position held at the time leave was granted, or
to a comparable position. Failure to report at the expiration of leave of absence, unless an extension has been
approved, will be considered a resignation.
Sec. 18. Leave Without Pay - Retention and Continuation of Benefits
A. Leave Credits
An employeeEmployees transferring from an active pay status to any leave without pay status, shall become
ineligible to accrue leave credits and benefit from County paid insurance premiums in accordance with the
following provisions: beginning the first pay period in which they work less than 50% of their regular work
schedule for the duration of their leave without pay. Employees returning to an active pay status from a leave
without pay shall begin to accrue leave credits in the first pay period in which they work at least 50% of their
regular work schedule.
Employees will retain unused personal and sick leave balances while on leave without pay.
A.Regular Leave Without Pay B. County-paid Insurance Premiums
Employees transferring from active pay status to leave without pay under the FMLA, other approved medical
leave, Workers? Compensation, or Military Leave may continue to benefit from County-paid insurance premiums
for the duration of the leave, but will be responsible for timely paying the employee portion of the premiums.
Employees transferring to a leave without pay status for any other reason shall become ineligible to benefit from
County-paid insurance premiums beginning the first pay period in which they are paid for less than 50% of their
regular work schedule. They shall be responsible for the total premium or a portion thereof, for any insurance
programs they wish to continue. The same rules shall apply to these employees as they return to work from
leave without pay status.
Employees transferring to a leave without pay status for a reason other than Family and
Medical Leave or Worker?s Compensation, shall become ineligible to accrue leave and benefit from County paid insurance
premiums beginning the first pay period in which they are paid for less than 50% of their regular work schedule. The
employee shall be responsible for the total premium or a portion thereof, for any insurance programs they wish to continue.
The same rules shall apply to an employee returning from a regular leave without pay status.
B.Worker?s Compensation Leave Without Pay
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An employee transferring from an active pay status to leave without pay due to a workers? compensation disability
shall be ineligible to accrue leave beginning the first pay period in which they are paid for less than 50% of their regular
work schedule. The employee shall continue to benefit from County paid insurance premiums for the duration of the leave,
but will be responsible for paying the employee portion of the premiums.
C.Family and Medical Leave Without Pay
An employee transferring from an active pay status to leave without pay due to a qualifying event under the Family
and Medical Leave Act shall be ineligible to accrue leave beginning the first pay period in which they are paid for less than
50% of their regular work schedule. The employee shall continue to benefit from County paid insurance premiums for the
duration of the leave, but will be responsible for paying the employee portion of the premiums.
D.Retention of Accrued Leave
An employee will retain all unused personal and sick leave while on leave without pay.
Family and Medical Leave Without Pay
C.
An employee transferring from an active pay status to leave without pay due to a qualifying event under
the Family and Medical Leave Act shall be ineligible to accrue leave beginning the first pay period in
which they are paid for less than 50% of their regular work schedule. The employee shall continue to
benefit from County paid insurance premiums for the duration of the leave, but will be responsible for
paying the employee portion of the premiums.
Retention of Accrued Leave
D.
An employee will retain all unused personal and sick leave while on leave without pay.
C. Retention of Leave
An employee will retain all unused personal and sick leave while on leave without pay.
Sec. 19. Use of Personal and Sick Leave Prior to Leave Without Pay
An employee may use personal leave before going on leave without pay and continue to be in a leave earning
capacity, be eligible to take sick leave, be entitled to holidays, be eligible for merit increment, or time-in-service
pay increases and be eligible to receive the benefits offered under the County?s group insurance policies while
exhausting personal leave. If an employee desires to go on leave without pay for reasons of personal disability,
the employee may be permitted to use accumulated sick leave first, except when drawing Worker?s
Compensation payments. A physician will indicate in writing when the period of disability actually begins and
ends. An employee in the process of using accumulated sick leave will continue to be in a leave earning
capacity, be entitled to holidays, be eligible for merit increments, or time-in-service pay increases and be eligible
to receive the benefits offered under the County?s group insurance policies.
Sec. 20. Worker?s Workers? Compensation Leave
Any employee who is absent from work due to sickness or disability covered under the North Carolina Worker?s
Compensation Act is Under the N. C. Workers? Compensation Act (herinafter referred to in this section as the
Act), employees may be compensated for absence from work due to injury or illness covered by the Act, subject
to the following leave provisions:
(a)An employee may take leave without pay for the entire period of disability, and receive any workers?
compensation benefits to which they are entitled. If the absence is expected to extend beyond twenty-one (21)
calendar days, the employee must go immediately into a leave without pay status and begin receiving workers?
compensation benefits on day one (1);For the first seven (7) calendar days of absence from work due to the
injury or illness, employees have two leave options: They may either use approved sick or personal leave or
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they make take leave without pay.1
(b)An employee with a worker?s compensation injury/illness that is not expected to extend beyond twenty-
one (21) calendar days, shall be permitted to use available paid sick and/or personal leave for the first seven (7)
calendar days of the workers? compensation leave. The employee will not be required to reimburse the County
for this paid leave in the event the absence extends beyond twenty-one (21) calendar days.Beginning on
calendar day eight (8) following the injury or illness, employees who have not returned to work shall be placed in
a Workers? Compensation Leave Without Pay status until their return to work.
(c)An employee Employees in a leave without pay status will retain all accumulated sick and personal
leave while receiving Worker?sWorkers? Compensation benefits.
(d)Temporary employees, will go directly to a leave without pay status and will receive all benefits for which
they are eligible under the Worker?s Compensation Act.
(e)Upon reinstatement, an employee?s salary will be computed on the basis of the last salary plus any
salary increase to which the employee would have been entitled during the absence covered by
Worker?sWorkers? Compensation benefits.
(f) After returning to work, employees shall be required to use sick or personal use for any additional
absences for doctor visits, physical therapy and other required medical care.
(f)(g)Any period of leave without pay for a workers? Workers? compensation Compensation disability that
qualifies as a ?serious health condition? under the Family and Medical Leave Act (FMLA), will run concurrently
with FMLA leave.
(g)(h)New Hanover County?s personnel policies shall continue to apply to an employee on worker?sWorkers?
Ccompensation leave in the same manner as they would apply to an employee who continues to work, or is
absent while on some other form of leave.
1 Under the Act, employees are not compensated for the first seven (7) calendar days of the absence, unless the expected duration of the
absence is twenty-one (21) or more calendar days. If the duration turns into twenty-one (21) or more calendar days, they receive
retroactive workers? compensation for the first seven (7) calendar days.
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The proposed revisions to Article VI, Sec. 4 are to make the text conform better to the intent of
the policy and the way the policy is put into practice. For example, employees are not
generally required to report income from outside employment, as stated in the current policy.
The County is not interested in the amount of other income, but rather in preventing conflicts
of interest due to the nature of the outside employment or adverse impact on the employee?
work performance due to schedule or other conflicts arising from the outside employment.
Sec. 4. Outside Employment and Related Activities
AOutside Employment
The work of the County will take precedence over other occupational interests onor
employment. All outside employment salaries, wages, or commission and all self-employment must
be reported to the employee?s supervisor, (Register of Deeds and Sheriff) who in turn will report to the
County Manager. The County Manager will review such employment to determine the County?s
liability. Conflicting outside employment will be grounds for disciplinary action up to and including
dismissal.Outside employment is self-employment or any employment for salaries, wages, tips or
commission other than the position held with the County.
Any employee considering outside employment shall report to the responsible supervisor his/her
intentions prior to the beginning of the job, occupation or self-employment. The responsible
supervisor shall review the outside employment and assure that:
(a) the nature of the work will not create a conflict of interest with the County position, and
(b) the schedule or total hours worked will not conflict with the performance of the employee?s duties
with the County.
The supervisor will then forward the request through appropriate routes to the County Manager, who
will review the request for potential conflicts of interest or liabilities with the County in general and give
final approval (or denial).
Failure to seek approval for outside employment as outlined above or to maintain such employment
when not approved shall be cause for disciplinary action up to and including dismissal.
If approved, outside work shall not interfere with the employee?s regular work schedule and
performance. If attendance or work performance is determined to be compromised by outside
employment, approval for outside employment may be withdrawn.
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The purpose of the proposed amendment to Article VII, Sec. 12 is to prohibit employees who are eligible for
replacement income benefits through the County?s short-term or long-term disability insurance programs
from being advanced sick leave for the period of benefits. The text in red indicates the addition of that
language.
Sec. 12. Advanced Sick Leave
It is not the intent of this policy to advance sick leave to employees who are eligible for replacement income
benefits from the short-term or long-term disability programs offered through the County.
The department head may, with the approval of the County Manager, advance sick leave to an employee who
who has exhausted such leave, and who is not
has at least six (6) months employment with the County, and
eligible for income from the short-term or long-term disability insurance programs. Employees with short-term
disability insurance may request advanced sick leave to cover the elimination period for their own illness if they
do not have sick leave to use. The amount of advanced leave shall not exceed twelve (12) days per request,
nor two (2) Promissory Notes per calendar year. An employee may not have more than one (1) outstanding
promissory note at a time.
All requests for advanced sick leave must be made and fully approved prior to use of such leave, except in
situations deemed as emergency, by the department head. The Human Resources Department will review each
request for advanced sick leave to determine if short-term or long-term disability insurance benefits may be used
instead. Requests for advanced sick leave will not be approved if short-term or long-term benefits are available
to the employee. The County may require a health care provider?s certificate concerning the nature of the
medical condition and the employee?s physical capacity to resume duties. Where the leave is requested to care
for an ill family member, the County may require certification from that family member?s health care provider
specifying the care the employee will provide.
The purpose of the Promissory Note is to guarantee that the County is fully compensated for the advanced
leave, in the event that the employee resigns or is terminated, prior to such time as recompense is made. If the
balance of the advanced leave on the Promissory Note is not utilized by the employee, the note will be adjusted
accordingly, pursuant to the employee?s release from the attending physician. Any remaining balances will be
satisfied according to the terms of the Promissory Note.
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256
The purpose of the proposed amendments to Article VII, Sec. 14 is to simplify and clarify some of the
procedures, to publish the fact that leave donations through Leave Sharing are not bankable for later
use, and to prohibit qualification for leave sharing of an employee who is eligible for benefits from
the County?s short-term or long-term disability programs. The red text indicates additions. Deletions
and other changes are noted in the right margin.
Sec. 14. Sick Leave - Leave Sharing
A.Purpose Statement
The County realizes that in extreme catastrophic situations, employees may be in a situation where personal or family
illness requires they be away from work to the point of exhausting all sick and personal leave. It is the desire of the County
to establish a policy whereby employees may donate a given amount of accumulated personal and sick leave to the
employee in need of additional sick leave.
(1)To qualify for consideration of receipt of donated leave, the employee must:
(a)have been employed at least six (6) months in a regular position with the county;
(b)be in a leave earning position;
(c)have exhausted all available options such as the use of all available sick leave and all available personal
leave;and
(d) not qualify for benefits under the County?s short-term or long-term disability programs; and
(de)have requested, received approval, and used advanced leave in full through the promissory note provision.
(2)An employee in need of donated leave shall petition the Director of Human Resources directly by telephone or in
writing explaining the existing situation. An employee requesting donated leave who wishes to remain anonymous must so
indicate in the initial request for leave sharing.
(3)The Director of Human Resources shall evaluate the situation and determine if the employee meets the criteria for
receiving donated leave. Leave sharing shall only be considered for extreme hardship situations or catastrophic situations.
The Director of Human Resources will make his recommendation to the County Manager for final approval.
(4)An employee may not file a grievance nor an employee appeal if their request to receive leaveor donate leave is
denied.
(5)The criteria for determining eligibility shall be:
(a)Exhaustion of all sick leave at the time request for donated leave is made.
(b)Exhaustion of all personal leave at the time the request for donated leave is made.
(c)Exhaustion of maximum allowable sick leave through the promissory note provision.
(d) Ineligibility for benefits through the County?s short-term or long-term disability insurance programs.
(de)Use of donated leave must be for sickness of employee or immediate family as identified in Article VII,
Section 10 of the Personnel Administration Policy for New Hanover County for a specific isolated incident or
occurrence.
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(6)A notice from the Director of Human Resources will be distributed to all departments addressed to the department
headwith the purpose of notifying staff of the employee?s need of sick leave. Employees wishing to donate leave may
donate up to the maximum sixteen (16) hours of personal and/or sick leave for a given employee per Leave Share request.
Unless specified by a signed Waiver, the name of the employee requesting leave donation will be kept in strictest
confidence.
(7)Employees donating leave time must have a minimum balance of sixteen (16) hours of personal leave and forty
(40) hours of sick leave after their donated amount is subtracted. Donors shall go to the Department of Human Resources
to complete an authorization form designating the number of hours being donated and if known, to whom it is being
donated. The employee must sign the form to authorize the transfer. The Human Resources Department will process all
donations.
(8)The employee receiving donated time will be given information on the amount of time donated, but will not receive
information such as the names of donating employees. Leave time will be donated to the employee anonymously.
(9)The maximum amount of leave that may be transferred from donors to an employee shall be 192 hours per Leave
Share request. This leave may not be banked for future use.
(10)Personal leave donated by employees will be converted to sick leave.
(11)Before the employee is eligible to use any donated sick leave, any balance owed on an outstanding promissory
note must be satisfied in full. The donated sick leave may be used to satisfy the outstanding promissory note. The
employee may then use the balance of donated sick leave.
(12)When the initial donated sick leave has been exhausted, the employee may make a second request for advanced
sick leave through the promissory note provision. The amount of advanced leave shall not exceed twelve (12) days per
request, or two (2) promissory notes per calendar year. When that advanced sick leave is depleted, the employee may
submit a second Leave Share request. The number of leave share requests shall be limited to two (2) per calendar year.
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The purpose of the proposed revision to Article IX, Section 1 B is to allow retired employees who convert to Medicare at age
65 the option of electing secondary coverage under the county?s health plan.
IX - EMPLOYEE BENEFITS
Sec. 1. InsuranceBenefits
The County may make group health and dental insurance programs available for its employees and retirees. Benefits provided
are subject to the approval of the Board of Commissioners on a yearly basis.
NOTE: Unless expressly excluded, employees include those individuals who hold regularly budgeted positions including
employees appointed by the Board of Commissioners and elected officials eligible to receive county benefits: County
Commissioners, Sheriff and Register of Deeds.
(A) Insurance Benefits While Employed
(1) Definition of Regular Employee: Employees classified as regular full-time or regular part-time may elect medical and
dental coverage. ?Full-time? is defined as working at least 40 hours per week and being compensated by the employer with
annual reporting of FICA withholdings by means of W2 form for employees. ?Part-time? is defined as working at least 20
hours per week and being compensated by the employer with annual reporting of FICA withholdings by means of W2 form
for employees. Individuals who are issued 1099 forms for annual tax filings are not considered to be regular employees
and are therefore ineligible for medical or dental coverage.
(2) Eligibility: Employees are first eligible for enrollment for medical and dental coverage as a newly hired regular full-time or
part-time employee meeting the definition set forth in Section 1 (A) (1) of this policy. Eligible employees are offered
coverage and must enroll or waive their opportunity for coverage at that time. Employees and their dependents are subject
to a waiting period for medical pre-existing conditions unless proof of prior coverage which meets specific HIPAA guidelines
are submitted for enrollment.
(3) Open Enrollment: Employees are given the opportunity annually during open enrollment to make changes in their
medical and dental plans. Additions during open enrollment are considered late-adds and are subject to a waiting period for
pre-existing medical conditions unless proof of prior coverage which meets specific HIPAA guidelines are submitted for
enrollment.
(4) Effective Date: Coverage takes effect in accordance with the dates established annually and set forth in the New
th
Hanover County Payroll Schedule. This is generally the first day of the month following the employee?s 30 day of
employment, not to exceed 60 days.
(5) Dependent Coverage: If you are eligible for coverage, you may apply to enroll your eligible dependents.
Your eligible dependents include: your spouse, under a legally valid, existing marriage with a person of the opposite sex;
th
your unmarried children or your spouse?s unmarried children up to their 19 birthday, including newborn children from date
of birth, stepchildren, adoptive children from date of placement in anticipation of adoption, foster children from date of
placement in a foster home (as defined by North Carolina law), and children for whom health benefit coverage is required
under a court or administrative order, and as determined eligible by the insuring corporation; and your unmarried children
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from age 19 to their 26 birthday for medical or 23 birthday for dental who are full time students at an educational
institution licensed by the state in which it is located. An unmarried child who is either mentally or physically handicapped
and incapable of self-support may be covered under the program regardless of age if the condition existed and coverage
was in effect upon attainment of the limiting age.
(6) Rates: Medical and dental rates are established annually by the insurance companies and must be approved by the
st
Board of Commissioners. Rate changes are effective August 1 of each year.
(7) New Hanover County and the employee share the cost of medical and dental coverage. A schedule of rates is
established annually and set forth in the New Hanover County Benefit Rate Schedule.
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Continuation of Health and Dental Insurance Benefits
(B)
Health:Retiring eRetiring employees will be subject to the policy provisions in effect on the date of their retirement.
(1) Employees may qualify for continued coverage under the County?s group health insurance program, as outlined in
this Ssection 1 (B) of this policy, as long as their required portion of the monthly premium is paid to New Hanover County
timelyuntil they become eligible for Medicare benefits. Employees may maintain the type of coverage in effect at the time
of terminationretirement, however they will be required to transfer to the County?s managed care health insurance product.
At age 65, the retiree must obtain primary coverage through the Federal Medicare plan (Parts A & B) and the county?s
health plan will assume secondary responsibility for covered medical services.
(2)The retiring employee must make an election to continue or terminate coverage at the time of their initial
retirement. If a retiree waives their right to continue coverage at the date of initialretirement, they may not elect coverage at
a future date. The only exception to this rule is when the retiree?s spouse is an active employee of New Hanover County,
the retiree may choose to become a dependent under his/her spouse?s certificate. If/when the retiree loses eligibility under
the spouse?s certificate,certificate;if the retiree is under the age of 65,he/she may at the time exercise their retiree
insurance options that were available at the time of their retirement. based on their creditable service at the time of their
initial retirement.
NOTE: Type of coverage shall mean individual, employee/spouse, employee/child, employee/children or family.
(3)Dental: Retiring employees may qualify for continued coverage under the County?s group dental insurance
program, as outlined in Section 1 (B) of this policy, until the termination of such policy by the covered individual or the
County. Employees may maintain the type of coverage in effect at the time of termination.
NOTE: Type of coverage shall mean individual, employee plus one, or family.
(4)Employees who do not qualify for continued coverage under the County?s group health and dental insurance
programs will be afforded continued coverage in accordance with the plan contract or any legislative mandates governing
the continuation of group health and dental insurance benefits (COBRA).
(C) (5) Qualifications for Continued Coverage
-
An employee must meet the requirements for one of the categories detailed below in order to qualify for continued
coverage under the County?s group health and dental insurance programs.
(1a)A regular employee, who retires under one of the provisions of the North Carolina Retirement System, and
who has at least five (5) consecutive years of service with New Hanover County immediately prior to retirement is
qualified for continued coverage under this section. A fireman or sworn law enforcement officer who becomes
totally and permanently disabled for their job, as approved by the North Carolina Retirement System?s Medical
Review Board, and whose disability is the result of an accident while performing their duty as such needs only one
(1) year of creditable service for continued coverage under this section. Creditable service with the North Carolina
Retirement System may include service earned for each month the employee works and contributes, service
earned through accumulated sick leave, military buyback, withdrawn service restored through a buyback, creditable
service transferred from another system which falls under the umbrella of the North Carolina State Treasurer?s
Office, or any other type of creditable service recognized by the North Carolina State Treasurer?s Office. The
service need not be continuous.
((b2)An employee appointed directly by the Board of Commissioners? who retires under one of the provisions of
the North Carolina Retirement System, with at least five (5) consecutive years of service with New Hanover County
immediately prior to retirement is qualified for continued coverage under this section. Creditable service with the
North Carolina Retirement System may include service earned for each month the employee works and
contributes, service earned through accumulated sick leave, military buyback, withdrawn service restored through a
buyback, creditable service transferred from another system which falls under the umbrella of the North Carolina
State Treasurer?s Office, or any other type of creditable service recognized by the North Carolina State Treasurer?s
Office. The service need not be continuous.
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A County Commissioner who was elected to serve one (1) or more terms in office is qualified for continued
(3c)
coverage under this section.
(D6)Rates -
A regular employee, an employee appointed by the Board of Commissioners, the Sheriff or Register of Deeds who retires
from New Hanover County based upon the eligibility criteria for any type of retirement established by the North Carolina
Retirement System, or a County Commissioner will pay for continued coverage according to the following schedule.
NOTE: The county?s contribution towards the retiree?s insurance premiums is based on a set amount or percentage of the
cost of individual coverage. Qualifying individuals choosing to cover eligible dependents will pay any additional cost to
cover their eligible dependents.
(1a)Qualifying individuals with at least five (5) but less than fifteen (15) years of creditable service will be
allowed to continue coverage and will pay 100% of the total cost for coverage.
(2b)Qualifying individuals with at least fifteen (15) years but less than twenty (20) years of creditable service will
pay 75% of the total cost for individual coverage.
(3c)Qualifying individuals with at least twenty (20) years but less than twenty-five (25) years of creditable
service will pay 50% of the total cost for individual coverage.
(4d)Qualifying individuals with at least twenty-five (25) years but less than thirty (30) years of creditable
servicecreditable service will pay 25% of the total cost for individual coverage.
(5e)Qualifying individuals with at least thirty (30) years of creditable service will pay the prevailing payroll rate
for individual coverage.
(6f)Employees appointed directly by the Board of Commissioners, who qualify under Section 1 (C) (2)5 (b) of this
policy, will be allowed to continue individual coverage based on the rates and criteria established under Section 6 (a-f)1
(D) (1-5) of this policy.
(7g)Continuation of medical and dental coverage for County Commissioner?s elected
to serve their first term in office after August 20, 2001.
Commissioners who are elected and serve one (1) term will be allowed to remain on the group plan, and will
(1a)
pay 100% of the total cost for coverage.
Commissioner who are elected and serve at least two terms, which do not
(b2)
have to be consecutive, will be allowed to remain on the group plan, and will pay 75% of the total cost for individual
coverage.
NOTE: The cost of coverage forCommissioners serving on the Board as of August 20, 2001 will be
covered by the policy in effect, prior to the adoption of Article IX, Section 1, 6 (g).
(8h)Employees who do not meet the county?s established criteria for continued coverage must pay the entire
cost of the group health and dental insurance premiums plus any administrative fees that might be imposed, for the
period allowed by the provisions of the plan contract or any legislative mandates
governing the continuation of group health and dental insurance benefits (COBRA).
(9i)If/when a qualifying individual who retired on or after August 1, 2003 meets the eligibility requirements for
Medicare benefits or deceases, AND there are dependents covered under the qualifying individuals plan at the time
of the qualifying event, the dependents losing coverage because of the qualifying event shall be offered
continuation coverage for the period allowed by any legislative mandates governing the continuation of group health
and dental insurance benefits (COBRA).
Payment of Premium
(E7)
(1a)Participants must pay all premiums by the first day of the month for which coverage is in effect. New
Hanover County bills participants monthly, and allows a thirty (30) day grace period for payment. Nonpayment or late
payment will result in irrevocable cancellation.
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(2b)Participants receiving continuation coverage under COBRA provisions will be billed by a third party
administrator contracted to administer the county?s COBRA program. The Third Party Administrator allows a thirty (30) day
grace period for payment. Nonpayment or late payment to the third party administrator will result in irrevocable cancellation.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Additional Item #: 1Estimated Time:Page Number:
Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff
Contact: Sidney A. Causey, Sheriff
SUBJECT:
Request to submit the Homeland Security Overtime Program (HSOP) Grant Application offered
by the U. S. Department of Justice, Office of Community Oriented Policing Services
BRIEF SUMMARY:
This grant offers the opportunity to apply for additional officer overtime funding to support community policing and homeland
security efforts. HSOP will support programs that increase community safety and security, and reduce public fear. The
grant will support locally funded officer overtime budgets, increasing the amount of overtime funding available for these
critical functions.
If awarded this grant, the Sheriff's Office would be able to address the issue of further training for the deputies to enhance
their skills in responding to Weapons of Mass Destruction/Terrorism incidents. Currently, deputies are provided only the
most rudimentary training in this area.
The grant would enable the Sheriff's Office to increase patrols and coverage of areas that contain critical infrastructure.
This is especially important as the Wilmington State Port is located within our county. There are a number of businesses
located within New Hanover County that use chemicals or hazardous materials, such as Applied Analytical, Professional
Pharmaceutical Development (PPD), Oxychem, and Corning.
The grant funds would enhance the ability of our Vice/Narcotics and Detective Divisions to target perpetrators of violent and
drug-related crimes. This approach would enable the Sheriff's Office to expand the coverage of high drug activity areas.
The additional funding would allow the Sheriff's Office to target and map specific high crime areas through crime mapping
and analysis using the Department of Justice endorsed methods (Mapping Crime-Principle and Practice).
This funding could also be used to deploy officers on an overtime basis to cover temporary vacancies due to activation and
deployment of military reservists.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Sheriff's request to apply for the Homeland Security Overtime Program grant and associated budget
amendment if the grant is awarded.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Total grant request is $98,182: federal funding of $73,637 and local match of $24,545 from Sheriff's Office
funds.
ATTACHMENTS:
The complete grant application is available in the County Manager's Office for review.
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REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Ratify submission of grant.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Additional Item #: 2Estimated Time:Page Number:
Department: Environmental Management Presenter: Ray Church
Contact: Ray Church
SUBJECT:
Debris Disposal
BRIEF SUMMARY:
On Saturday, May 31, 2003, a severe thunderstorm struck New Hanover County. The storm produced a microburst that
caused considerable damage to homes in the Brittany Woods and Gordon Woods area in the Northeast portion of the
County. Mr. Warren Lee, Emergency Management Director, contacted the Department of Transportation regarding the
removal of storm related debris from the curbside in that area. The DOT has agreed to begin removing vegetative and
construction/demolition (C&D) debris from the curb beginning Monday, June 16, 2003, under the condition that the County
will provide for the disposal of the debris. Staff have surveyed the area of the damage and determined that there was
approximately 80 tons of vegetative debris and 60 tons of C&D debris on the curb on Wednesday, June 11. Disposal of the
C&D debris can be handled at the New Hanover County Landfill. Since vegetative debris is banned from the landfill, other
disposal options were investigated. The following informal bids were received from wood processing operations:
Company Price per ton Price per cubic yard
American Property Experts $10.00 $1.75
Wilmington Materials $17.13 $3.00
Heath Construction N/A $4.00
Evergreen Forest Products, Inc. $10.00 $1.75
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends the Board of Commissioners waive the disposal fee (approximately $5,000.00) for
construction/demolition debris at the New Hanover County Landfill for the debris generated by the storm in the Gordon
Woods neighborhood. The waiver should apply only to that debris currently on the curb and removed by the Department of
Transportation. Debris removed by contractors as part of the repairs to homes should not be included as disposal cost are
included in the cost of repair and should be covered by the homeowner's insurance. Staff recommends that the vegetative
debris should be delivered to Evergreen Forest Products, Inc. Two bids received at $10.00 per ton or $1.75 per cubic yard.
Staff recommends awarding the bid the Evergreen due to the location of the facility. Evergreen is located on Blue Clay
Road 5.2 miles from Gordon Woods and takes approximately seven minutes to drive one way. The route from Gordon
Woods is relatively free of stop lights and light traffic. American Property Experts is located on Sunnyvale Drive. To access
that site would require traveling College Road or Military Cut Off to Shipyard to Carolina Beach Road to Sunnyvale. The
11.7 mile trip take much longer, 27 minutes one way, due to stop lights and traffic. The additional transportation time would
slow the debris removal process and add to the DOT cost.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: The cost of disposal is not to exceed $5,000.00. Funds to cover the cost of vegetative disposal will come
from the Landfill's Contracted Services account, 700 - 480 - 4191- 3700.
ATTACHMENTS:
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REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Budget Amendment
Additional Item #: 3Estimated Time:Page Number:
DEPARTMENT: Non-Departmental
BUDGET AMENDMENT #: 03-0234
ADJUSTMENT DEBIT CREDIT
Installment Lease Payments $212,800
Contracted Services $57,867
Computer Expenses $154,933
EXPLANATION: The Financial and Human Resource American Management System project began this fiscal year
but to date has not incurred substantial expenses. The remainder and majority of the expenses and the
installment financing will occur next fiscal year. Therefore the expenses incurred this fiscal year need to be
expensed before the end of the fiscal year. This budget amendment will move funds from the installment debt
payments for this year to the non-departmental account so a JV can be processed to post payments. Any
additional payments coming due the remainder of the FY will come from the non-departmental account.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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268
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Additional Item #: 4Estimated Time:Page Number:
Department: Legal Presenter: Wanda M. Copley, County Attorney
Contact: Wanda M. Copley, County Attorney
SUBJECT:
Closed Session pursuant to G.S. 143-318.11(a)(3)
BRIEF SUMMARY:
Closed Session to consult with our attorney regarding a matter of litigation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hold Closed Session
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: Approve FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Held closed session.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/16/03
Budget Amendment
Additional Item #: 5Estimated Time:Page Number:
DEPARTMENT: General Fund Non-Departmental / Environmental Management
BUDGET AMENDMENT #: 03-0239
ADJUSTMENT DEBIT CREDIT
Non-Departmental
Administrative Reserve $830,000
Transfer to Environmental $830,000
Management
Environmental Management Fund
Transfers from General Fund $830,000
Other Improvements $764,300
Equipment Rent $65,700
EXPLANATION: To transfer funds from Administrative Reserve to Environmental Management for replacement of
#3 Scrubber. Only funds that are required for the replacement will be transferred. If insurance funds pay for the
repairs or the cost is less than anticipated, the entire amount will not be transferred.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 3-2, Greer and Caster dissenting.
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