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HomeMy WebLinkAbout1986-09-02 Regular Meeting 27! -. 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. I 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. I 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. I 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. I 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. I 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 I 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 I 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. I 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. I 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: I 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. I 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: I 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: I 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: I 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 I 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 I -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: I 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. I 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 ~?.j' 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 I 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 I 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. I 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 "'- ~ji