1986-09-02 Regular Meeting
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MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986
ASSEMBLY
The New Hanover County Board of Commissioners met in
Regular Session on Tuesday, September 2, 1986, at 5:00
o'clock P.M. in the Assembly Room of the New Hanover County
Administration Building, 320 Chestnut Street, Wilmington,
North Carolina.
I
Members present were: Commissioners John Dolan; Nolan
O'Neal; Vice-Chairman Fred Retchin; Chairman Jonathan
Barfield, Sr.; Assistant County Manager, Mary Gornto; County
Attorney, Robert W. Pope; and Clerk to the Board, Lucie F.
Harrell.
Commissioner O'Shields arrived at 5:07 o'clock P.M.
Reverend Richard B. Graf, Jr., a member of the Hospital
Study Committee, gave the invocation.
JOINT MEETING WITH NEW HANOVER MEMORIAL HOSPITAL BOARD OF
TRUSTEES AND HOSPITAL STUDY COMMITTEE
Chairman Barfield stated the purpose of scheduling a
joint meeting was to discuss two new developments that had
occurred which could have an impact on hospital revenue. He
requested the Hospital Board of Trustees to limit their
discussion to these items.
After discussion of
Chairman Barfield asked Mr.
Board of Trustees to proceed.
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the issues to be addressed,
James Long, Chairman of the
The following items were discussed and presented by Mr.
Long:
2.
3.
4.
5.
6.
7.
8.
9.
I 10.
ll.
12.
1. Population/Use Trends - 1982-83 - New Information
reflecting significant declines in hospital use
rates.
Services Rendered to Patients - 1985 growth of
outpatient services.
Services Rendered to Patients: Percentages by
Expected Source of Revenue.
Medicare Annual Gain/Loss
Income over Expenses (Millions of Dollars)
Sources of Net Revenue
Capital Funds (Millions of Dollars)
Bond Payoff
Other Risks
Competing Regional Hospital Map
New Hanover Memorial Hospital Market Share Changes
by County 1983-1985.
Out-of-Area Pie Chart Map
280
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
Mr. Long emphasized the importance of outpatient
services decreasing the total gross revenues of inpatient
services and the recent changes in medicare and medicaid
reimbursement.
Dr. Lucien S. Wilken, M.D., commented on the importance
of purchasing state of the art equipment.
Trustee Member, William Sutton, stated the basic
problem was the cutback of federal funds for medicare and
medicaid reimbursement. He stated this problem had been
addressed by the health care industry but that New Hanover
Memorial Hospital could not participate without
reorganization.
Dr. Charles L. Nance, Jr., M. D., stated medicare was
paid on the basis of a given diagnosis not on individual
procedures. He stated he felt all insurance carriers would
eventually follow suit and reimburse accordingly which would
greatly impact on revenues in the future.
Mr. Marshall Crews, a member of the Hospital Study
Committee, commented on the complexity of the problem. He
requested further study of reorganization before making a
final decision with an effort being made to better inform
the public of problems that do exist.
Commissioner O'Shields stated the bottom line was "the
dollar. " He expressed appreciation to Dr. Nance , Dr.
Sloan, and Dr. Wilkins for their involvement stating he knew
some of their statements were not too popular with other
physicians. He stated medical practice was going to change
and that our public hospital must be in a position to
protect its base and be competi ti ve in the deli very of
health care services which would require reorganization.
Chairman Barfield expressed concern that no concrete
evidence had been presented at this meeting to support the
need for reorganization at this time.
Ms. Bessie Funderburg, a member of the Hospital Board
of Trustees, commented on her service to the board for the
past five years. She stated there was no immediate need to
reorganize at this point and recommended waiting until the
need presents itself.
Mr. William Sutton commented on the ad placed in the
paper. He apologized for any hard feelings or ill will
created by placement of the ad.
Chairman Barfield thanked all members present for their
comments and attendance.
RECESS FOR DINNER
Chairman Barfield recessed the meeting from 6:22
o'clock P.M. to 7:22 o'clock P.M. for dinner.
APPROVAL OF MINUTES
Vice-Chairman Retchin MOVED, SECONDED by Commissioner
0' Neal to approve the minutes of the regular meeting of
September 2, 1986, as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Barfield asked
public wished to speak on an
Agenda or any item listed
following person commented:
if anyone from the general
item not listed on the Regular
on the Consent Agenda. The
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
28:
Mr. Russell Davis, an attorney representing Mr. Harry
L. Forden, commented on a city/county tax foreclosure on
property owned by Mr. Forden. He requested repurchase of
the property for the amount due including taxes, interest,
and expenses that the County has incurred over the years.
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After discussion, Commissioner O'Shields MOVED,
SECONDED by Vice-Chairman Retchin to authorize a deed of
conveyance to Mr. Forden upon payment of all taxes,
interest, and other expenses incurred by the County in the
foreclosure procedure. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF CONSENT AGENDA
Commissioner Dolan MOVED, SECONDED by Vice-Chairman
Retchin to approve the following Consent Agenda items
pulling Item #5 to be discussed with other personnel items
later in the meeting. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
CONSENT AGENDA
Adoption of Resolution of Acceptance of the AlP 04 Airport
Grant
The Commissioners adopted a resolution accepting the
AIP 04 Airport Grant from the Federal Aviation
Administration in the amount of $984,578 for the purpose of
constructing certain improvements associated with the new
airport terminal.
A copy of the resolution is contained in Exhibit Book
XIV, Page 41.
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Award of Bids for Steam Plant Warehouse Cover Addition
The Commissioners awarded bids to the following
companies for construction of a warehouse cover at the Steam
Plant subject to arrangement of a financing package:
General
Electric -
Mechanical -
Miller Building
McCarter Electric
Hartman & Hartman
Total
$286,150
25,570
34,493
$346,213
Adoption of Resolution Amending Policy and Procedure for
Sale of Surplus Property
The Commissioners adopted a resolution amending policy
and procedure for sale of surplus property, by increasing
the minimum acceptable offer from 50% to 60% of the
property's ad valorem tax value or equal to 100% of the
property's market value, whichever is greater. The amended
procedures will increase revenues to the County and City
from surplus property sales.
A copy of the resolution is contained in Exhibit Book
XIV, Page 41.
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Approval of Janitorial Contract for the Department of Social
Services - Clark's Cleaning & Maintenance Service
The Commissioners approved a contract between Clark's
Cleaning & Maintenance Service and the New Hanover County
Department of Social Services in the amount of $15,745
annually.
282
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
Adoption of Resolution to Effect Reappraisal of Real
Property as of January 1, 1988
The Commissioners adopted a resolution effecting
reappraisal of real property as of January 1, 1986.
A copy of the resolution is contained in Exhibit Book
XIV, Page 41.
Adoption of Resolution Authorizing Sale of Equipment
The Commissioners adopted a resolution authorizing the
Finance Director to sell the following property to Jones
County for a price of $2,000:
Digitizing Equipment identified as New Hanover
County Fixed Asset No. 1150.
A copy of the resolution is contained in Exhibit Book
XIV, Page 41.
Approval of Change Orders - Airport East Ramp Access Road
Change and the Airfield Lighting Vault
The Commissioners approved Change Order # 1 increasing
Prime Constructors, Inc. contract in the amount of $3,850 to
pave the East Ramp Access Road and Change Order #1
increasing King Electric's contract in the amount of
$2,077.98 for a New Airfield Lighting Vault, relocating the
regulator controlling the lights and to provide temporary
power to the vault with approval of the following Budget
Amendment:
Debit
Credit
87-00000022 Airport/AlP 03
Transfers In
$1,200,000
East Ramp Access Road
General Contract
Administrative & Legal
$
3,850
18,106
Airfield Lighting Vault
Electrical
2,078
AIP 03
Administrative & Legal
Contingencies
21,006
1,154,960
Approval of Amendment No. 1 to Contract with North Carolina
State University for Telephone Research and Services
The Commissioners approved amending Section 2 of the
contract with N. C. State University for training
demonstration and research assistance in conducting a
telephone system feasibility study through the TACIT
Program.
Approval of Revised North Carolina Emergency Response Plan
for Brunswick Steam Electric Plant
The Commissioners approved the revised North Carolina
Emergency Response Plan for the Brunswick Steam Electric
Plant.
A copy of the document is on file in the Clerk's
office.
Approval of Request for New Hanover County to Become a
Subgrantee for Juvenile TASC Program
The Commissioners designated New Hanover County as
Subgrantee for the Juvenile Treatment Alternatives to the
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
28:
Street Crime program to be administered by Cape Fear
Substance Abuse Center, Inc.
Approval of 1986-87 Cape Fear Technical Institute Budget
The Commissioners approved the budget submitted by Cape
Fear Technical Institute for Fiscal Year 1986-87. The
County's portion of the budget was approved in adoption of
the 1986-87 Budget Ordinance for New Hanover County.
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Adoption of Resolution to Award Contract for Electronic
Voting Machines and Booths
The Commissioners adopted a resolution awarding a
contract to the low bidder, Business Records Corporation, in
the amount of $29,875 for five (5) electronic voting
machines and thirty (30) voting booths.
A copy of the resolution is contained in Exhibit Book
XIV, Page 42.
Budget Amendment Request for Various Departments
The Commissioners approved the following
Amendments to re-encumber purchase orders closed out
30, 1986, to be set-up in Fiscal Year 1986-87:
Budget
at June
87-00000020 Various Departments
General Fund
Appropriated Fund Balance
Debit Credit
$19,353
Health/MCH
Departmental Supplies
$ 368
MIS
Contracted Services
18,985
87-00000019 Various Departments
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Debit
Credit
General Fund
Appropriated Fund Balance
$204,626
Steam Plant
Appropriated Fund Balance
24,630
Landfill
Appropriated Fund Balance
5,200
Airport/Administration
Appropriated,Fund Balance
7,872
Water & Sewer
Appropriated Fund Balance
6,899
Planning
Professional Services
Printing Charges
$ 12,442
6,716
1,811
432
362
1,256
2,460
428
Property Management
M & R - Buildings & Grounds
General Contractor
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Emergency Medical Services
M & R - Auto & Trucks
Uniforms
Capital Outlay - Equipment
Health Administration
Duplication & Copying
284
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
Health Animal Control
Capital Outlay - Equipment
547
Health/Home Health
Capital Outlay - Equipment
359
Steam Plant
Professional Services
Contracted Services
M & R - Equipment
Capital Outlay - Equipment
4,723
3,120
9,280
7,507
Landfill
Professional Services
5,200
DSS/Administration
Capital Outlay - Equipment
8,825
Library
Contracted Services
Capital Outlay - Equipment
60,455
33,640
Airport/Administration
M & R - Other
Professional Services
3,500
4,372
Parks & Recreation
Other Improvements
8,479
Aging/Senior Center
Capital Outlay - Equipment
1,578
Sheriff/Administration
Capital Outlay - Equipment
3,695
Water & Sewer
Capital Outlay - Equipment
6,899
MIS
Capital Outlay - Equipment
26,600
Finance
Capital Outlay - Equipment
9,517
Installment Lease Payments
2,718
Sheriff/Jail
Capital Outlay - Equipment
20,281
Museum
Contracted Services
1,210
Print Shop
Printing Charges
466
County Manager
Capital Outlay
349
ADOPTION OF ORDINANCE FOR RENEWAL OF FRANCHISE - VISION
CABLE OF NORTH CAROLINA, INC.
Upon the second reading, Commissioner O'Shields MOVED,
SECONDED by Commissioner Dolan to adopt the ordinance for
renewal of the franchise of Vision Cable of North Carolina,
Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is on file in the Clerk's
office for codification into the County Code.
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
28
PUBLIC HEARING TO CONSIDER A REQUEST BY SUMMER REST
ASSOCIATES TO EXTEND SPECIAL USE PERMIT S-220 ISSUED JULY
1984, COMMERCIAL MARINA FOR A PERIOD OF SIX MONTHS
Planning Director Hayes gave background information on
the request to issue a six months extension to the Special
Use Permit granted in February 1986. He stated the reason
for the request was due to delays in obtaining a CAMA
permit.
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Chairman Barfield opened the Public Hearing.
Chairman Barfield asked if anyone present wished to
speak in favor of the extension request. The following
person commented.
Mr. J. Harold Seagle, Attorney representing Summer-Rest
Associates, commented on the delays and apologized for
having to request another extension. He stated he felt the
Coastal Resources Commission would make a final decision for
issuance of a CAMA permit wi thin the near future. He
respectfully requested another extension of the Special Use
Permit.
Chairman Barfield asked if anyone present wished to
speak in opposition to the extension. No one commented.
Commissioner O'Neal expressed concern for the amount of
time that had expired since the first extension in July
1985. He emphasized the importance of preserving the
marshlands recommending setting a limit on commercial marina
operation in such areas.
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After further discussion, Commissioner 0' Neal MOVED,
SECONDED by Commissioner Dolan to approve an extension of
the Special Use Permit for six (6) months expiring on March
2, 1987. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT
TO LOCATE A MOBILE HOME AT THE NORTHWEST CORNER OF VELVA
DRIVE AND OAKLEY ROAD IN R-20 RESIDENTIAL DISTRICT
Planning Director Hayes and Planner Avery presented
slides and gave background information on the request for
issuance of a Special Use Permit to locate a mobile home on
the northwest corner of Velva Drive. Planning Director
Hayes stated the request met the general requirements.
Chairman Barfield asked anyone present wishing to give
testimony to step forward to be sworn in by the Clerk. The
following persons were sworn in:
Mr. Leon Smith
Ms. Awilda A. Smith
Chairman Barfield opened the Public Hearing.
Chairman Barfield asked if anyone present wished to
speak in favor of the request. The following person
commented:
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Ms. Awilda Smith, the petitioner, stated the mobile
home would be used as her residence in order to provide care
for her mother.
Mr. Leon Smith commented on the location of the home on
the western portion of the lot.
286
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
Chairman Barfield asked Ms. SJTli th if she agreed with
the statements presented by the Planning Staff. Ms. Smith
stated she concurred.
Chairman Barfield asked
speak in opposition to the
Permit. No one commented.
if anyone present wished to
issuance of the Special Use
Chairman Barfield closed the Public Hearing.
After discussion, commissioner O'Shields MOVED,
SECONDED by Vice-Chairman Retchin to issue the Special Use
Permit making the following findings of facts and
conclusions: (1) the use will not materially endanger the
public health or safety if located where proposed and
developed according to the plan submitted and approved; (2)
the use does meet all required conditions and
specifications; (3) the use will not substantially injure
the value of adjoining or abutting property; and (4) the use
if developed according to the plan submitted and approved
will be in harmony with the area in which it is to be
located. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is contained in SUP
Book I, Page 23.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT
TO LOCATE A MOBILE HOME AT -THE SOUTHEAST CORNER OF PRINCE
GEORGE AVENUE AND SYCAMORE AVENUE IN A RURAL AGRICULTURAL
DISTRICT
Planning Director Hayes and Planner Avery presented
slides and gave background information for issuance of a
Special Use Permit to locate a mobile home on the southeast
corner of Prince George Avenue and Sycamore Avenue.
Planning Director Hayes stated the request met the general
requirements.
Chairman Barfield asked anyone present wishing to give
testimony to step forward to be sworn in by the Clerk. The
following person was sworn in:
Ms. Florence C. Greer
Chairman Barfield opened the Public Hearing.
Chairman Barfield asked if
speak in favor of issuing the
following person commented:
anyone present wished to
Special Use Permit. The
Mr. Florence Catherine Greer, the petitioner, commented
on the request to locate a mobile home on the corner of
Prince George Avenue and Sycamore Avenue stating her niece
would use the mobile home as her residence.
Chairman Barfield asked Ms. Greer if she agreed with
the statements presented by the Planning Staff. Ms. Greer
stated she concurred with the statements presented.
Chairman Barfield asked
speak in opposition to the
Permit. No one commented.
if anyone present wished to
issuance of the Special Use
Chairman Barfield closed the Public Hearing.
After discussion, Commissioner Dolan MOVED, SECONDED by
Vice-Chairman Retchin to issue the Special Use Permit for
location of a mobile home as requested with the following
findings of fact and conclusions: ( 1) the use will not
MINUTES OF REGULAR MEETING, SE~ER 2, 1986 (CONTINUED)
2 8 ~
materially endanger the public health or safety if located
where proposed and developed according to the plan; (2) the
use meets all required conditions and specifications; (3)
the use will not substantially injure the value of adjoining
or abutting property; and (4) the use will be in harmony
with the area in which is to be located and in general
conformity with the plan of development of New Hanover
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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A copy of the Special Use Permit is contained in SUP
Book I, Page 23.
PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 5.0 ACRES
WEST OF CASTLE HAYNE ROAD ON THE NORTH AND SOUTH SIDES OF
RITTER DRIVE TO I -1 FROM I - 2 INDUSTRIAL
Planning Director Hayes and Planner Avery presented
slides and gave background information on the rezoning
request. Planning Director Hayes stated the petition was
initiated by the Planning Staff recommending rezoning to
R-20 Residential; however, there was considerable opposition
by local property owners. After discussion, the Planning
Board responded to concerns about potential ownership
changes on the property stating future owners might decide
to locate a heavy industry which would be incompatible with
the area and recommended rezoning to 1-1 from 1-2.
Chairman Barfield opened the Public Hearing.
Chairman Barfield asked if anyone present wished to
speak in opposition to the request. The following person
commented:
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Mr. Jim Snow, Attorney representing Becker Builders,
commented on rezoning depriving property owners of
expansion opportunities. He stated the adjoining property
owners preferred the property to remain B-2 with no
rezoning.
Chairman Barfield closed the Public Hearing.
After discussion of the language in the Zoning
Ordinance defining the intent of wood work and cabinet
shops, Commissioner O'Shields MOVED, SECONDED by
Commissioner Dolan to postpone the Public Hearing until the
first meeting in October and requested the Planning
Department to more clearly define wood work and cabinet
shops in the Zoning Ordinance.
After discussion of glvlng adequate time to the
Planning Staff for preparation of the Text Amendment to more
clearly define the language, Commissioner O'Shields withdrew
his motion, and Commissioner Dolan MOVED, SECONDED by
Commissioner O'Neal to postpone the Public Hearing
requesting the Planning Staff to prepare a Text Amendment to
be presented as soon as possible. Upon vote, the MOTION
CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Dolan
Commissioner O'Neal
Vice-Chairman Retchin
Chairman Barfield
Voting Noe: Commissioner O'Shields
288
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 ( CONTINUED)
PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 9,000
SQUARE FEET AT THE SOUTHWEST CORNER OF EASTWOOD ROAD AND
CARDINAL DRIVE TO O-I OFFICE AND INSTITUTION FROM R-20
RESIDENTIAL
Planning Director Hayes gave background information on
the rezoning request stating the Planning Board unanimously
approved the request. He recommended approval if no one
present wished to speak in opposition.
Chairman Barfield opened the Public Hearing.
Chairman Barfield asked if anyone present wished to
speak in opposition to the request. No one commented.
Chairman Barfield closed the Public Hearing.
After discussion, Commissioner Dolan MOVED, SECONDED by
Vice-Chairman Retchin to rezone approximately 9,000 square
feet at the southwest corner of Eastwood Road and Cardinal
Drive to 0-1 Office and Institution from R-20 Residential.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972," is contained
in Zoning Book I, Section 9B, Page 60.
PUBLIC HEARING TO CONSIDER REZONING ALL OF BRADLEY CREEK
EAST SUBDIVISION TO R-15 RESIDENTIAL FROM R-10 RESIDENTIAL
Planning Director Hayes and Planner Avery presented
slides and gave background information on the rezoning
request. Planning Director Hayes stated the Planning Board
unanimously approved the rezoning request and recommended
approval if no one present wished to speak in opposition.
Chairman Barfield opened the Public Hearing.
Chairman Barfield asked if anyone
speak in opposition to the rezoning
commented.
present wished to
request. No one
Chairman Barfield closed the Public Hearing.
After discussion, Vice-Chairman Retchin MOVED, SECONDED
by Commissioner O'Neal to approve rezoning the entire
Bradley Creek East Subdivision to R-15 from R-10. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of " AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED AUGUST 18, 1971," is
contained in Zoning Book I, Section 6, Page 32.
PUBLIC HEARING TO CONSIDER AN APPEAL FOR DENIAL OF REZONING
APPROXIMATELY 28 ACRES AT THE SOUTHEAST CORNER OF OLD
MAC CUMBER STATION ROAD AND MILITARY CUT-OFF ROAD TO 0- I
OFFICE AND INSTITUTION FROM R-15
Planning Director Hayes presented slides and gave
background information on the appeal stating the Planning
Board denied the rezoning request to discourage strip
zoning.
Chairman Barfield opened the Public Hearing.
Chairman Barfield asked if anyone present wished to
speak in favor of the request. The following person
commented:
MINUTES OF REGULAR MEETING, SEPTE;,MBER 2, 1986 (CONTINUED)
28 !
Mr. J. Harold Seagle, Attorney representing the
petitioner, Airlie Capital Corporation, commented on the
highest and best use of the property. He commented on the
population and service facility trends in this area stating
the Thoroughfare Plan would use this road as an outer loop.
He respectfully requested rezoning.
Chairman Barfield asked if anyone present wished to
speak in opposition to the request. The following persons
commented:
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Ms. Mabel Lou Parker, a property owner on Military
Cut-off commented on the amount of traffic and congestion
already in this area. She requested denial of the rezoning
request.
Mr. Harley Parker, a resident of Military Cut-off,
commented on his farm property, requesting denial of
rezoning stressing the setting of a precedent.
Chairman Barfield closed the Public Hearing.
After discussion, Commissioner 0' Neal MOVED, SECONDED
by Commissioner Dolan to deny the rezoning request. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Dolan
Commissioner O'Neal
Vice-Chairman Retchin
Chairman Barfield
Voting Noe: Commissioner O'Shields
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PUBLIC HEARING TO CONSIDER AN ORDER TO CLOSE A PORTION OF
JACKSON STREET IN FEDERAL POINT TOWNSHIP
Planning Director Hayes gave background information on
the portion of Jackson Street to be closed.
Chairman Barfield opened the Public Hearing.
Chairman Barfield asked if anyone present wished to
speak in favor of or in opposition to to the road closing.
No one commented.
Chairman Barfield closed the Public Hearing.
After discussion, Commissioner O'Shields MOVED,
SECONDED by Vice-Chairman Retchin to adopt an order closing
a portion of Jackson Street in Federal Point Township as
presented by the Planning Department. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the order is contained in Exhibit Book XIV,
Page 42.
I
ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PUBLIC ROAD
Commissioner O'Shields MOVED, SECONDED by Vice-Chairman
Retchin to adopt a Resolution of Intent to advertise a
Public Hearing being scheduled on October 6, 1986, at 7:00
o ' clock P . M. to c lose a portion of Poplar Street in Cape
Fear Township. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Resolution of Intent is contained in
Exhibit Book XIV, Page 42.
290
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
ADOPTION OF PERSONNEL POLICY REVISIONS/ADDITIONS AND AMENDED
RESOLUTION AND APPLICATION FOR COMMITTEE APPOINTMENTS
Personnel Director Mallette presented policy revisions,
additions, and amended resolution and application for
commi ttee appointments. He gave background information on
each revision, particularly the pre-dismissal hearing. The
following items were discussed:
Article V: Separation and Reinstatement, Interim
Suspensions: Disciplinary Actions: Delete Separation,
Disciplinary Action and Reinstatement. Insert Separation
and Reinstatement; Interim Suspensions; Disciplinary
Actions.
- Article V, Section 2 Resignation: Insert: In
consultation with the Personnel Director, the department
head may elect to process the resignation immediately with
two weeks compensation for the employee.
-Article V, Section 3 - Reduction in Force: Delete: An
employee in permanent, (temporary), probationary, or trainee
status who is separated. . . . Insert: A permanent (or
probationary) employee...shall have the right of appeal.
-Article V, Section 5 - Reinstatement: Insert: The new
status of the employee who is reinstated may be
(probationary), permanent....
-Article V, Section 7 - Types of Disciplinary Actions:
Insert: Dismissal actions must adhere to the steps outlined
in Article V, Sections 12 and 13 of this manual.
-Article V, Section 9 Failure in Performance of
Duties - Delete: Betrayal of information legally declared
confidential to unauthorized persons. Insert: Betrayal of
confidential information to unauthorized persons.
-Article V,
revisions to
requirements.
Section 12 - Dismissal: Note:
include provisions for due
Extensive
process
-Article V, Section 14 - Employee Appeal Procedures:
Note: Revisions to this section were approved per attached
April 1, 1986 memorandum from Wanda M. Copley. Additional
revisions made per this submission in order to clarify the
procedural steps in making an appeal.
-Article VI, Section 4 - Outside Employment and Related
Activities: Insert: Persons employed by New Hanover County
may not serve on any Board, Committee or Commission,
established by resolution or State statute, in the agency or
department for which they work and receive wages. Prior to
accepting such an appointment, the employee must terminate
his/her employment with the respective agency or department.
-Article IX, Section 3 (b) Retirement Benefits: This
section was expanded to identify special benefits offered
employees through the Retirement System. It also includes a
procedure to give cash credit to eligible employees for the
purpose of purchasing up to two years of prior military
service.
-Article X, Section 2 (d) Personnel Records and
Reports: Delete....by application to a court for (a writ of
mandamus) or other... Insert...by application to a court for
(injunctive) or other.....
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
29:
Additions:
-Article V - Note:
included to conform with
summary of the revision.
All additions listed below were
the legalities stated in the
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-Article V. Section 8 Interim Suspensions: Note: The
suspensions addressed in this section are distinguished from
disciplinary suspensions as stated in the preamble. The
objectives of this Section are to, (1) insure that the
county does noe compensate an employee where initial
investigatory evidence strongly implicates involvement in a
serious infraction; and (2) prevent a due process infraction
by the county while a situation is being investigated.
-Article V, Section 11 Procedures for Disciplinary
Suspensions and Demotions - Note: This section was added to
provide supervisors some flexibility in responding to
disciplinary occurrences and to provide consistency in
reporting such occurrences.
-Article V, Section 13 Pre-Dismissal Hearings - Note:
Legal mandates require this procedure only for tenured (or
permanent) employees.
After discussion of the resolution for appointments to
various boards, commission, committees or authorities made
by the Board of County Commissioners, Commissioner Dolan,
MOVED, SECONDED by Commissioner 0' Shields to amend the
present resolution to read as follows:
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Additionally, as adopted September 2, 1986, the
appointee will not be considered for any employment vacancy
in the agency or department he/she is serving, until said
appointee resigns his/her seat on the Board, Committee or
Commission 30 days before being considered for the vacancy.
Should the appointee not be selected to fill the vacancy,
he/she will not be eligible for reappointment to the Board,
Committee or Commission until the term for which he/she was
appointed expires.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is contained in Exhibit Book
XIV, Page 42.
Commissioner 0' Shields MOVED, SECONDED by Commissoner
Dolan to adopt changes, additions, and deletions to Article
V in the Personnel Manual as presented by the Personnel
Director. Upon vote, the MOTION CARRIED UNANIMOUSLY.
After further discussion, Vice-Chairman Retchin MOVED,
SECONDED by Commissioner Dolan to adopt changes, additions,
and deletions to Article VI as presented by the Personnel
Director. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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After further discussion, Commissioner Dolan MOVED,
SECONDED by Vice-Chairman Retchin to adopt changes,
additions, and deletions to Article IX as presented by the
Personnel Director. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
After further discussion,
SECONDED by Vice-Chairman
additions, and deletions to
Personnel Director. Upon
UNANIMOUSLY.
Commissioner O'Shields MOVED,
Retchin to adopt changes,
Article X as presented by the
vote, the MOTION CARRIED
292
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
ADOPTION OF SEXUAL HARASSMENT POLICY
Personnel Director Mallette gave background information
on the recent developments in court cases and guidelines
being initiated to protect employees from sexual harassment.
He stated sexual harassment is a form of misconduct and
undermines the integrity of the employment relationship
stating he felt this type of conduct should not be tolerated
by New Hanover County.
After discussion of the policy presented, Vice-Chairman
Retchin MOVED, SECONDED by Commissioner Dolan to approve the
policy as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF AFFIRMATIVE ACTION PROGRAM UPDATE
Ms. patricia Melvin, Affirmative Action Officer,
presented the Affirmative Action Program Update. She stated
the hiring of females and minorities had increased with the
hiring of white males remaining constant. She expressed
concern for underutilization of females and blacks in the
job categories of officials/administrators, and
professionals.
Ms. Melvin recommended department heads taking a more
active role in meeting the affirmative action goals in
assisting New Hanover County to achieve a workforce of
parity with labor market availability. She also recommended
a more effective reporting capability stating the County
should seriously consider purchasing prepared computer
programs which will assist in more accurate reporting. She
stated the costs of computer programs range from $50 to
$10,000 depending upon sophistication of machinery and
material.
Discussion was held on the importance of the program
and the need for accurate records and methods of reporting.
After further discussion, commissioner Dolan MOVED,
SECONDED by Vice-Chairman Retchin to approve the Affirmative
Action Program Update as recommended authorizing the
Personnel Director and Affirmative Action Officer to proceed
with finding a computer program for this project. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
COMMITTEE APPOINTMENTS
APPOINTMENT OF JOHN C. SCOTT, C. F. HALL, ALBERT S. SIMON,
AND RANDY PEEPLES TO SERVE ON THE NEW HANOVER COUNTY BOARD
OF EXAMINERS OF ELECTRICIANS
Vice-Chairman Retchin MOVED, SECONDED by Commissioner
Dolan to appoint the following persons to serve 2-year terms
on the County Board of Examiners of Electricians expiring
Septemb~r 2, 1988.
Representing Independent Electrical Contractors
1. John C. Scott
2. Albert S. Simon
Nominated by the Electrical Contractors Association
1. C. F. Hall
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MINUTES OF REGULAR MEETING "" SEPTEMBER 2, 1986 (CONTINUED)
NOMINATED BY CAROLINA POwER & LIGHT COMPANY
1. Randy Peeples
Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
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Discussion of County Participating in Sister City Visit by
Dandong, China
Commissioner O'Shields commented on the recent visit to
Dandong, China, by city officials and other area
businessmen. He suggested the County offering to assist the
City in preparing for the visit of Dandong officials in
April 1987.
Concern was expressed by Chairman Barfield,
Commissioner Dolan, and Commissioner O'Neal to participate
until the City makes a request.
After further discussion, Commissioner O'Shields MOVED,
SECONDED by Vice-Chairman Retchin offer assistance to the
City in preparation of this visit. The MOTION DID NOT CARRY
AS FOLLOWS:
Voting Aye: Commissioner O'Shields
Vice-Chairman Retchin
Voting Noe: Commissioner Dolan
Commissioner O'Neal
Chairman Barfield
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DISCUSSION OF MILITARY AFFAIRS COMMITTEE
Commissioner Dolan expressed concern for being
appointed as the County's representative to serve on the
Military Affairs Committee and never receiving notification
of meetings or events. He requested background information
on the formation of the committee.
Lucie Harrell, Clerk to the Board, stated the committee
was initiated and formed by Mayor William Schwartz with a
request to appoint a representative from the County. The
Board of Commissioners appointed Commissioner Donald Blake
to serve in this capacity. After the November elections,
this vacancy existed, and Commissioner John Dolan was
appointed to serve as the County's representative. The
Clerk stated she would investigate the matter further and
report back to Commissioner Dolan.
ADDITIONAL ITEMS - COUNTY MANAGER
Approval of Change Order for East Access Road - New Hanover
County Airport
Assistant County Manager Gornto, reported problems had
developed with the east access ramp road at the Airport
stating additional excavation would be required. She stated
Engineering Director Hilton had contacted her stating he
was negotiating with the contractor and requested approval
of a Change Order not to exceed $33,000 for completion of
this work.
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After discussion, Commissioner O'Shields MOVED,
SECONDED by Vice-Chairman Retchin to approve a Change Order
not to exceed $33,000 with the Change Order being brought
back to the Board upon completion of negotiations with the
contractor. Upon vote, the MOTION CARRIED UNANIMOUSLY.
MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1986 (CONTINUED)
ADJOURNMENT
Vice-Chairman Retchin MOVED, SECONDED by Commissioner
Dolan to adjourn the meeting. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Barfield adjourned the meeting at 9:44 o'clock
P.M.
Respectfully submitted,
~~J~
Lucie F. Harrell
Clerk
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