1992-05-18 RM Exhibits
W~1=~~.'....~!:~.'.........'...................'......................... ..~............~................... . .
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New Jlanlluet CItounttl
1Jioarb of Cltltmmfssfnners
.tlrotlamation
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WJl~, tIit. !}{p:tJJ .Leaaue of tIk fllnittt! States was esta6tis1ie.490 !fears tlfjo to
eaucate ant! inform citizens a60ut our natUJnls marltlme. forces; ani "
'Ml~, tIie tletlkaul mem6ers of tIie 9(ft'll}J Ltllf/ue tknumstrate a tfynamiJ; sp/ri.t
of patriotism in. suppot1 of t/ie. Seas Seroices of tlie. 'Unite.{ Statuj ant!
WH~, tM County of 9{f:UJ Hanoveti !I(prtIi Carotlna. tates pleasure in
TECOBnizln,g tIk efforts of ~ 7.3,000 ~1I!J LeafJuers 'llI0rf4'll1i1k, ana in partkular Mose
reslt/in.B In ~1JJ Hf1Jt,(1lJet' County, 9(prt1i Caroffna, wlio are fostering ana pramotins Q. 6etter
/"'""' utUkrstantlfnIJ of tfte 9lJt.'lI}J, Coast tjuar'" !Marine Corp~ an4 'U.s. 7"'0 MercR.ant Mari1u;
ant!
WH~, !Pre.sil/ent 91ieotiore 1(pOst:llelt. in 1902 encouraoe4 tlie esta6llsliment of
t/ie. ~:()!I .l,ea,gue. on tlit. premise tliat nat( 8004 Jftnukans interestet in t/i.e.powtli of wit
country ani sensitive to its lionor slioutl pue /ieart!J support to tlie pofrcfu wlilc/i tk 9(p.VJ
Leaaue- Is foundett to further/'
9(p'J11, PJ/!E:!J('p!FO!/('p, tlie. !J{f.w Hanover County fBoara of Commissioners tloes limDy
proclaim June 1, 1992, as "!}(p:ug Leanue tJJag' In f}/j'lll 5lano'TJet' County.
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.?lJloptel! tliis tIit. 18tli lay of May, 1992.
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and
publicly opened by the Finance Department at 3:00 p.m. on the
5th day of May, 1992, at the County Administration Building, 320
Chestnut Street, Wilmington, North Carolina, and the following
bids were received for the sale of Ambulances:
Professional
Vehicles, Inc.
Style Auto
Vehicle # 1
1987 Ford Ambulance
SN: 1FDJS34L3HHA26489
$ 3,000.00
$ 2,500.00
Vehicle # 2
1986 Ford Ambulance
SN: 1FTHS34L9GHB94865
$ 2,500.00
$ 2,500.00
Vehicle # 3
1986 Ford Ambulance
SN: 1FDHS34L3GHC00655
$ 2,500.00
$ 2,500.00
Vehicle # 4
1984 Ford Ambulance
SN: 1FDJS34L3HC03019
$ 2,500.00
No Bid
Vehicle # 5
1986 Ford Ambulance
SN: 1FDHS34L4GHB94784
No Bid
No Bid
Total
$10,500.00
$ 7,500.00
AND WHEREAS, Style Auto made their
all sirens and lights being operational
in the terms of the sale that vehicles
where is";
proposal contingent upon
and County had stipulated
were to be sold "as is,
AND WHEREAS, the Finance Director
recommend that the bid from Professional
Maryland, the highest responsible bidder
Thousand Five Hundred Dollars ($10,500.00)
and the County Manager
Vehicles of Annapolis,
in the amount of Ten
be accepted;
NOW, THEREFORE, BE IT
Commissioners of New Hanover
Professional Vehicles, Inc.
Vehicles #1, #2, #3 and #4 be
RESOLVED by the Board of County
County that the bid received from
for the sale of Ambulances for
accepted;
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BE IT FURTHER RESOLVED
authorized to return the
bidders.
that the Purchasing Agent is hereby
bid deposits to the unsuccessful
(SEAL)
of May, 1992.
ATTEST: _ ~
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Cl r~ to the Board '.
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Revised' 7-3-89
APPLICATION
PUBLIC SCHOOL BUILDING CAPITAL FUND
Approved:
Date:
Coun ty: New Hanover
Address: 320 Chestnut St.,
School Admin. Unit: G5G
Con tac tPerson : Andrew J. Atkinson
Title: Finance Dlrector
Phone: (919) 341-7188
Project Title:
Location:
Type of Facility:
Wl.l.rn1ngton, NC
N.H. Co.
Schools
Fire Safety Renovations
County Wide
20 ElementaJ::y 6 Middle
4 Hiah Schools (See Attached)
G.S. 115C-546.2(b} "Monies in the Fund shall be used for capital outlay projects
including the planning, construction, reconstruction, enlargement, improvement,
repair, or renovation of public school buildings and for the purchase of land
for public school buildings. As used in this section, 'public school bUildings'
only includes facilities for individual schools that are used for instructional
and related purposes and does not include centralized administration,
maintenance, or other facilities."
Short Description of Construction Project: Install new or updated fire safety
np'Tirp~ (firp ~l~rm~ - mpr~l donrs - close trans~s - panic hardware
Estimated Costs:
Purchase of Land
Planning
Construction
Renovation
Enlargement
Repair
Total
State
Local Total
$ $
$ $
$ $
$ 4hl,?r:;0 $ 1,R4r:;.000
$ $
$ $
$ 4hl,?r:;0 $ 1 ,R4r:;. oon
$
$
$
$ 1,181, 7r:;0
$
$
$
l,381,7r:;0
Bid Dates/Vendors:
Contracts signed/Dates:
Estimated date of beginning of
Estimated date of completion:
construction: August 1, 1'<:)<:)7-
M~rrh ll, 1 ggl
Match: The matching funds of one dollar of local funds for every three dollars
of state funds are from (source): ~c sales tax (83/86) ,
$ 0 of the matching funds have been expenaed for/date/description;
1)
2}
3}
Reporting requirements: We, the undersigned, agree to submit a statement of
state/local amounts expended for this project within 60 days of completion of
the project.
The County Commissioners and the Board of Education do hereby jointly request
approval of the above project and request release of $ 1,383,750 from the
Public School Building Capital Fund. We certify that the project herein
described is within the parameters of 115C-546.2(b) and that all of the ma~ch is
available and designated as match for this project.
(signature - Chairman, County Commissioner)
(date)
(signature - Chairman, Board of Education)
(date)
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NEW HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 04/30/92.
QKI~INAL TAX LEVY PtR SCROLL
OlSCUVERltS A0DEO
LESS A~ATE~ENTS
TuTAL TAXeS CHARGED
^uVlRT[~ING FEES CHARGED
C~RTIFILATION PE~ALTIES CHA~GED
LISTING PENALTIES CHAkGtD
TuT Al U:VY
COLLECTlnNS TJ DATE
OUTSTANOI~G BALA~CE
PeRCENTAGE COLLECTED
BACK TAXES
REAL ESTATE A~D PERSONAL PROPERTY
LeSS A[~AT EMENTS
ruTAl TAXt:S DUE
CULLfLTIOl4S TO DATf
IlUfSTANi.>UIG E.ALA"ICE
PtRLENTAG~ COLltCTEO
ROO,"1 UC4..tJPANCY TAX COLLEC r ImlS
PRIVILE~e llC~~SE COlLFLTIO~S
EI"1S CULLECTiOl'4S
APR 1992
------..-------
70,824.60
705.00
.00
1991
$ J9,92o,5b2.56
3,174,Q13.64
181,736.10-
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$ 't2,919,740.10
13,410.00
290,600.00
76,567.01
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$ 't3,300,371.11
't1,55b.446.B2-
1. 1,743.930.29
95.97%
.& 2 , 7 ~c . 323. 97
131,491.9b-
$ 2,6lEt!BO.Ol
701,500.20-
$ 1,917,249.75
26.19%
FISCAL YTu
1, l~7, 414.. 3~
21,740..02
.00
rUTAL Mu~tV P~OCfSS~O THRU COLlECTI0N OFFICE FOR NEw HA~OVFK
COUNTY, C[TV OF WllMINGTON, WRrGHTSVILLE BEACH, CARULINA ~EACH,
Ar~D KURt BC:ACH TO OATE - $62,029,364.11.
THIS REPORT IS FO~ FI~CAL YEAR ~EGINNING JULY 1, 1991.
R~SPEtTFULLY SUBMrTT~U,
~o..\:vi (.~ ~. t2a,4~6Y""
?ATKICIA J. A ;WH V
CUlLEtTUK OF VE~UE
C orllS ENT A{,F.NOA
OA T 1:: .Q.::-l~-=-!t~
I TH1 NfJ.__Y-__
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NtW HANUVER CUUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 04/30/92
OKIGtNAL TAX LEVY PER SCROLL
DISCOVERIES AOOED
lES~ AOATH1l:NTS
TOTAL TAX~S CHARGED
llSTING PeNALTIES CHARGED
TuTAl LEVY
CUlLECTLONS TO DATE
OUT~TANUING 8ALA~tE
P~RlENTAGE lOLLECTED
BACK TAXf.S
-------..--.
REAL ESTATE A~O PERSONAL PROP~RTV
CHAkGES AODEO
LESS ABA rEi...1t~NTS
TuTAL TAXeS DUE
COLLECTIONS TU DATE
OUTSTANO[;'lG E-AlANCE
PtRCENTAGE COLlECfEU
THIS i<.EPORT IS FOR FISCAL VEAR
Rc~~ TfUll y SUoM'Y~ r:if""
~o.1;:y",,;~~ S\. ()fQ
PATRItIA J. R~~Qk
COLLECTUR OF REVENUE
CU"~ SENT AGEfllOA
OA T C : _S.:-_t~q:;)
IT E ~1 NO ._.!1___
1991
$ 870,221.14
!i8,137.0d
29,898.58-
$ 92fl,459.64
1.560.53
---------------
.110 930,020.17
901.864.54-
-------------...-
$ 28,155.63
96.97%
$
52,306.26
311.56
173.39-
-------..-------
'$
51,844.'43
20,061.96-
---------------
1i 31 ,1 B 2 . 41
38.70%
~EGIN~lNG JULY 1, 1991.
INTRODUCED BY: Allen O'Neal, County Manager
DATE: May 18, 1992
RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE REAL PROPERTY
LOCATED AT 1101 SOUTH 7TH STREET
LEGISLATIVE INTENT/PURPOSE:
This resolution relates to the proposed sale of surplus property
jointly owned by the City of Wilmington and New Hanover County, more
particularly identified as follows:
Parcel No.
054-13-023-001.000
Address
1101 S. 7th Street
Amount of Offer
$7 , 000.00
Tax Value
$6,011.00
Offeror:
William L. streets
505 Queen street, Wilmington, N. C.
The offeror(s) has agreed to pay the amount(s) indicated above for the
parcel(s) identified.
The parcel(s) have been declared surplus by the County Commission and
not needed for public purposes.
RESOLVED:
1. That pursuant to N.C.G.S. 160A-269, the County Commission does hereby
propose to accept the offer(s) to purchase identified herein from the
offeror(s) as indicated.
2. That New Hanover county reserves the right to reject any and all
offers.
3. That New Hanover County will retain any deposit posted by the
offeror(s) when:
a. The offer is withdra~n after posting the deposit.
b. The offeror(s) fail to pay the balance of an approved offer, due
in cash, within ten (10) days of receipt of a notice by certified
mail of availability of the deed of conveyance.
4. The offeror(s) shall deposit the sum of 5% of the total offer
immediately following adoption of this resolution.
5. That the Clerk of the Board of Commissioners will publish a notice of
the offer(s) as required by N.C.G.S. 160A-269.
Adopted at a regular
meet ing on y7L:J- / 8"
New Hanover County Board of
commrl~ioners //
(/ f__ . /
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/' - __./ ~'-""y_/ I .
( -, G_~/' / ;--,//h ( .
) Chairman
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and
publicly opened by the Finance Department at 4:00 p.m. on the
28th day of April, 1992, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the
following bids were received for Uniforms for the sheriff's
Department, Bid # 92-0381:
American
Uniform
Sales, Inc.
Robert's
Uniforms
Short Sleeve Shirts
Long Sleeve Shirts
Trousers
Hats
Coats
Jackets
$ 17.50 ea.
$ 20.00 ea.
$ 26.25 ea.
$ 32.00 ea.
$ 98.95 ea.
$ 52.50 ea.
$ 20.60 ea.
$ 23.75 ea.
$ 28.25 ea.
$ 29.95 ea.
$126.75 ea.
$ 74.00 ea.
AND WHEREAS, the Sheriff's Department, the Finance Director
and the County Manager recommend that the contract be awarded to
American Uniform Sales, Inc. of Fayetteville, North Carolina, the
lowest responsible bidder, at the unit amounts stated in
proposal;
AND WHEREAS, funds have been previously appropriated and are
now in or will be in subsequent year's Account No.
110-431-4311-3000-4400 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of New Hanover County that the contract for
Uniforms for the Sheriff's Department, Bid # 92-0381 be awarded
to American Uniform Sales, Inc. at the unit prices stated in the
proposal; and that the County is hereby authorized and directed
to execute the contract, contract form to be approved by the
County Attorney.
(SEAL)
May, 1992.
Ch
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Cler3tL-lto t e Boar
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road Description ~ Huntinqton Forest Sections 1, 2 and 3
WHEREAS, the attached petition has been filed with the Board of County
COlTunissioners of the County of New Hanover requesting that the above de-
scribed road, the location of which has been indicated in red on the attached
map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the
above described road should be added to the Secondary Road System, if the
road meets minimum standards and criteria established by the Division of
Highways of the Department of Transportation for the addition of roads to
the Sys tern.
NOW, THEREFORE, be it resolved by the Board of County Comnissioners of
the County of New Hanover that the Division of Highways is hereby requested
to review the above described road, and to take over the road for maintenance
if it meets established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of
the County of New Hanover at a meeti ng on the 19th day of May
19 92 .
WITNESS mY hand and official seal this the ;'~ day of ~. 19 J7~
~',.d7'~
~oard of Commissioners
County of New Hanover
Form SR-2 (7-77)
PLEASE NOTE:
Forward direct with request to the Division Engineer, Division of Highways
April 30, 1992
Wrightsboro Comprehensive Housing Rehabilitation Program (CDBG)
2413, 2431, & 2500 Acorn Branch Road
Owner
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BID COMPARISON LIST
CONTRACTOR'S NAME
BID PROPOSAL
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9.&w :J-{anover County 'Board of Commissioners
1\!soEution
Whereas, the North Carolina General Assembly has created the North Carolina
Air Cargo Authority; and,
Whereas, the feasibility studies conducted by the Authority project 27,000
new jobs by the year 2000 and 47,.700 new jobs by the year 2010 for the region as
a direct .result of the location of such facility; and
Whereas, the feasibility studies further project direct revenues for the.
region of .$3.6 billion by the year 2000 and $12.1 billion by the year 2010 as a
direct result of the location of .such .facility; ana,
Whereas, the nature of the,activities projected for the park anticipate the
location .of manufacturing, assl3mbly, repair and p.J:'ocessing faciliti.es which ,will
materially enhance the econoinic 'well biHng, wealth and standard of living of
hundreds of thou!!?ands or .eastern North Carolina citizens thereby making the
region an equal partner with the other areas of the state and substantially
improve the economies of the' region's cities, counties and North Carolina
overall; and, .
Wh~reas, the New Hanover County Board of Commissioners believes it to be
in the,best interest of the County of New Hanover that such facility be located
in Lenoir County thereby enhancing the economic future of other counties within
easzern .North Carolina;
NOW THEREFORE BE IT RESOLVED by the New Hanover County Board of
Commissioners:
-That the North Carolina Air Cargo Global Transpark be located in eastern
North Carolina in Lenoir County.
-That a copy of this resoLution be forwarded to The Honorable James G.
Martin, Governor of North Carolina; members of the North Carolina Air
Cargo Authority, u. S. Senator Jesse Helms; U,. S. Senator Terry Sanford;
U. S.. House of Representative Charles G. Rose .III; N. C. Senator Franklin
Block; N. C. House of Representative .Karen E. Gottovi; N. C. House of
Representative Harry E. Payne, .Jr.; and N. C.. House of Representative
David E.Redwine.
Adopted this the 15th day of May,
t' .)',f' /v'
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V.I, , 'r}, '/it "1/~\Oi>l.\~ ".~. '.~"~'\.}""~.~:" ,\~c
'''-.) './r.' 11... '.' '-\.'., ~" ,~..._', "If'.' ,. ,
- . \; '(. If', ,~, ". ,) <$,"!"I:":'~ ~\ "'ii,"'" r"
T : '~;I '''t, I, ; rd,y i~W~(~~~ 'y,f'
if /~~,;,\",,;\:(~~;~'r~/-'
lerk to the Board
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RECOMMENDED POLICY CHANGES
ARTICLE I.
ORGANIZATION OF PERSONNEL SYSTEM
Need for change:
Employees at the Health, Social Services, and Emergency
Management Departments previously were governed by the rules of
the State Personnel System, in regards to: the pay plan,
recrui tment and employment, and personnel records maintenance.
As a result of the State's determination that New Hanover County
has substantially equivalent policies, employees at these three
(3) departments will be subject to all the provisions of Article
I, Article II (The Classification Plan), Article III (The Pay
Plan), Article IV (Recruitment and Employment), Article VI
(Conditions for Employment), Article VII (Leaves of Absence),
Article IX (Employee Benefits) and Article X (Personnel Records
and Reports) of the New Hanover County Personnel System.
Action:
Revise the following sections/sub-sections to read:
Sec. 2.
Coverage
(e) Employees governed by the rules of the State Personnel
System, except that they will be subject to Article I;
Article II; Article III; Article IV; Article V,
Sections 1 - 6; Article VI; Article IX; and Article X.
Sec. 6. Responsibility of County Manager
(d) (Change current reference to Article III, Sec. 11 to
Article III, Sec. 13.)
ARTICLE II. Classification Plan
Need for change:
The classification and pay systems proposed by the consultant and
adopted by the Board of County Commissioners, which use a
combination of quantitative rankings and market surveys, require
continuous maintenance to preserve the integrity of the systems.
The consultant suggested changes to this section of the policy
that would clarify the roles of the Board, County Manager and
Director of Human Resources in the maintenance of the systems.
Also, there is a need for a fourth option to be added to those of
the Director of Human Resources in the case of a job changing
substantially that would allow a recommendation to the Board that
the duties and responsibilities return to the original
assignment; examples of this situation would be when the scope of
an employee's position had been increased unnecessarily or when
certain functions are no longer required.
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Action:
Replace the current Sec. 3 with the following:
Sec. 3. Administration of Classification Plan
The County Manager shall be responsible for the overall
administration and maintenance of the position classification
plan so that it will accurately reflect the duties performed by
employees in the classification to which their positions are
allocated. The Director of Human Resources is responsible for
the daily administration and maintenance of the classification
plan. The department heads shall be responsible for bringing to
the attention of the County Manager (1) the need for new
positions, and (2) material changes in the nature of duties,
responsibilities, working conditions, or other factors affecting
the classification of any existing positions.
New positions shall be established only with the approval of
the Board of County Commissioners after review by the Director of
Human Resources and a recommendation by the County Manager to
either (1) allocate the new position to the appropriate
classification wi thin the existing classification plan, or (2)
recommend that the Board amend the position classification plan
to establish a new classification to which the new position may
be allocated.
When the Director of Human Resources finds that substantial
change has occurred in the nature or level of duties and
responsibilities of an existing position, he or she will make
recommendation regarding that position to the County Manager.
The County Manager may: ( 1) direct that the existing
classification specification be revised with the approval of the
Board of County Commissioners, (2) reallocate the position to the
appropriate classification within the existing classification
plan, (3) recommend that the Board amend the position
classification plan to establish a new classification to which
the position may be allocated, or (4) recommend that duties and
responsibilities return to the original assignment.
Article III. The Pay Plan
Need for change:
With the implementation of the new pay and classification system,
the salary schedule was redesigned to accommodate the new system.
In addition, certain nomenclature was changed to correspond to
the terminology used in the Government Human Resources System
( GHRS) .
Substantial changes are also recommended for the administration
of the pay plan and the rules governing employees' movement
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through the pay plan. Encompassed in this are the County's merit
award system and the pay parameters for other personnel actions.
Action:
substitute the following Article III, Sections 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, and 12 for the current Article III, Sections 1,
2, 3, 4, 5, 6, 7, 8, 9, and 10:
Sec. 1.
Adoption
The schedule of salary grades and class titles assigned to
the salary grades, as set forth in Appendix B, is hereby adopted
as the pay plan for the County.
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: salary 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 comparative studies of all
factors affecting the level of salary grades 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 increase or decrease the
salaries of individual members of the classified service to rates
outside of the pay plan, but shall act in fixing salaries of
members of the classified service only by amendment of the pay
plan.
Sec. 3. Structure of Pay Plan
The pay plan shall consist of two salary schedules: The 200
Series covering management-level employees (department heads and
their immediate assistant department heads and/or deputy
department heads); and the 100 Series covering all other
employees.
Each classification shall be assigned to a pay grade, each
structured with a minimum rate of pay, a transition rate of pay
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(minimum plus 3%), job rate (mid-point), and a maximum rate of
pay, with 1% increments in-between. For employees in the 100
Series, the minimum to maximum spread is 40%, with the job rate
cast at 20% above the minimum rate of pay. For employees in the
200 Series, the minimum to maximum spread is 50%, with the job
rate cast at 25% above the minimum rate of pay.
Each grade is divided into two ranges by the job rate.
minimum rate to job rate is called the development range.
job rate to maximum rate is called the incentive range.
From
From
Sec. 4. Use of Salary Ranqes for Performance-based Pay Increases
Salary ranges 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 from the minimum
to the maximum rate would 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
performance review for all employees, except for temporary
employees, during the fiscal year, whether it results in a salary
increase or not. Probationary employees shall have a performance
review to determine eligibility for Active status at the end of
the established probationary period; those employees whose
performance is rated at standard or above would be eligible for
an increase. Probationary employees are not eligible for a merit
increase until they have successfully completed probation.
Employees whose performance is rated below standard would
not be eligible to receive a merit increase. Employees whose
current salary falls within the development range and whose
performance is rated standard would be eligible to receive an
increase of 0% - 3%; employees whose current salary is at job
rate or in the incentive range and whose performance is rated
standard would not be eligible to receive a merit increase.
Employees whose performance is rated above-standard would be
eligible to receive an increase of 0% - 10%. All above-standard
ratings and merit recommendations are subject to being monitored
for conformance to the County's performance management system and
to approval by the Director of Human Resources. The maximum
merit increase that can be awarded to an employee in a fiscal
year is 10%, 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.
Sec. 5. Special Increases
Performance-based increases beyond that outlined within the
performance management system may be granted in the following
cases:
.
(a) EXCEL Program: A performance-based merit program, it
is an enhancement to the pay plan which rewards
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 the increase that would take them to the
maximum rate and, as a one-time cash bonus that would
not be rolled into the base salary, the remaining
percentage of the merit increase award. If currently
at the maximum rate, they would receive the entire
amount of increase as a lump-sum award, with no change
to the rate. This increase is subject to the
availability of merit funds, just as are normal merit
awards, and to approval by the Director of Human
Resources.
(b) Special Allowances: The Board of County Commissioners
may provide for compensation in the form of special
allowances to members of the unclassified and
classified service, which amounts are outside of the
parameters of salary ranges provided in this plan.
.
(c) Incentive Plan: The County Manager may provide for
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.
Payment at a Listed Rate
All employees covered by the salary plan shall be paid at a
rate within the salary range of the 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 pay plan
or a reclassification; or employees whose performance is rated
below-standard as described in Article III, Sec. 10 of this
policy.
Sec. 7.
Salaries for New Appointments
.
The minimum rate established for the class is the normal
hiring rate, except in those cases where unusual circumstances
appear to warrant appointment at a higher rate. The Director of
Human Resources shall have the authority to approve appointments
made above the minimum rate of the grade up to 10%. Any
appointments made above 10% will require the approval of the
County Manager.
.
Sec. 8.
Salaries of Trainees
Applicants hired, or employees promoted to a position in a
higher classification, who do not meet all the established
requirements of the position, may be appointed at a rate of 5%
below the minimum rate of the pay grade established for the job,
unless placement at a lower rate is approved by the Director of
Human Resources. 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 Resources or County Manager approves the certification.
Sec. 9.
(a)
.
(b)
Pay Rates in Reclassification, Promotion, Transfer, and
Demotion
Reclassification upward: Incumbent employees
reclassified to a classification with a higher pay
grade will be placed in the pay grade for the new
classification that will ordinarily provide a 1% pay
increase for each pay grade moved above his or her
originating pay grade, or at the transition rate of the
pay grade for the new classification, or at a rate in
the new pay grade that will represent a pay increase of
5%, whichever is greater.
Reclassification downward: Employees reclassified to a
classification with a lower pay grade should be
assigned to the new pay grade at the rate closest to,
but not lower than, their current salary. Should the
current salary exceed the maximum rate of the assigned
grade, the employee's salary should be capped or frozen
at that maximum rate, but the employee would be
eligible for merit awards under the EXCEL program.
Promotion: Incumbent employees promoted to a
classification with a higher pay grade may receive 3%,
or be placed at the transition rate of the pay grade
for the new classification, whichever is greater.
(c) Voluntary transfer: Employees who request voluntary
transfer to another position, which involves a
reduction in classification level, will normally be
placed at 10% above the minimum rate for that range or
at their current salary rate, whichever is less.
(d) Involuntary transfer: There are two types of
involuntary transfer; one is for the good of the
employee, and the other serves the best interests of
the department or the County.
.
(1) An example of a transfer for the good of the
employee would be a case where an employee is no
longer physically capable of performing the duties
of the classification. Rather than terminating
.
the employee, the department may determine that an
involuntary transfer to a less strenuous position
would be acceptable. In this instance, should the
transfer be to a position classified at a lower
level, the employee's salary would move to the
rate in the new pay grade that is closest to, but
not lower than, the current rate. If the
employee's current salary is above the maximum
rate of the new grade, the salary would be reduced
to the maximum rate of the new pay grade, and the
employee would be eligible for merit awards under
the EXCEL program.
.
(2) Involuntary transfers in the best interest of the
County are for a limited period of time. Such
transfers would constitute a temporary appointment
to address a particular problem or personnel
shortage. Assignments usually exceed 30 days in
length and should not be confused with the routine
assumption of higher level duties which occur in
the absence of a supervisor for vacation or
illness of short-term, typically less than 30
days. Such transfers shall occur only through
written notification, recommended by the
department head, and approved by the Director of
Human Resources and shall be limited in duration
to a period not to exceed 12 months. Regular
increases should be granted during the period of
re-assignment.
Employees assigned, through this type of transfer,
to a lower classification level should not be
penalized in salary by placement in a lower
classification pay grade. They would continue in
the previous pay grade, enjoying all the benefits
and increases, as though no re-assignment had
taken place.
.
Employees assigned, through this type of transfer,
to a higher classification level should be granted
a 5% increase or paid at the minimum rate of the
higher classification pay grade, whichever is
greater. Should this employee be re-assigned to
the original classification or to another
assignment which carries a lower classification
level than that of the temporary assignment, the
rate should be equal to the salary the employee
was paid prior to the initial re-assignment, plus
any per cent increase granted during the period of
the "acting assignment." Should this result in a
salary which is at, or exceeds, the maximum rate
of the pay grade to which he or she is
re-assigned, and the re-assignment is not for
disciplinary reasons, the salary level would be
.
.
.
frozen or capped at the maximum rate of the pay
grade for the lower classification, and the
employee would be eligible for merit awards under
the EXCEL program. A re-assignment governed by
this policy would normally be to fill an "acting"
management-level position.
(e)
Demotion: Employees demoted for disciplinary 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 Resources, and would be contingent on the
severity of the offense which initiated the
disciplinary demotion.
Sec. 10.
Pay Rates in Salary Grade Revisions
Maintenance of the pay plan shall include annual surveys of
labor market statistics and comparative salary data. Appropriate
grade and/or range changes will be made to the pay plan.
Individual employees' rates mayor may not change, depending upon
their rates before the adjustment, the extent of the adjustment,
their employment status (Probationary or Active) and their
performance rating at the time the adjustment is effected.
Prior to the effective date of the adjustment, an
abbreviated performance review using the appropriate form shall
be conducted. Probationary employees who are rated standard
would move to the rate in the adjusted pay grade closest to, but
not lower than, their current rate or to the new minimum,
whichever is higher. Acti ve employees who are rated standard
would move to the rate in the adjusted pay grade closest to, but
not lower than, their current rate or to the new transition rate,
whichever is higher. Probationary and active employees who are
rated below standard would not be eligible for such rate
adjustments until a standard performance rating is achieved
through a subsequent performance review (which must occur within
two calendar months after the effective date of the general
adjustment) .
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.
In the event the pay grade to which a classification is
assigned is lowered, the rate of employees in that classification
will go to the rate in the new pay grade which is closest to, but
not lower than, their current rate. If this adjustment results
in an employee being paid at a rate above the new maximum rate,
the employee's rate would not be decreased and s/he would be
eligible for merit awards under the EXCEL program, as described
in Article III, Sec. 5(a).
. 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 range 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 full-time
posi tions in the classification, or at a rate established for
temporary employees currently serving in that classification.
Current Sec. 11. Overtime
Need for change:
.
Under the current overtime policy, shift coordinators in the
Emergency Medical Services Department are correctly classified as
exempt under the Fair Labor Standards Act (FLSA). This means
that they are compensated for forty (40) hours of work a week,
regardless of the fact that they are required to work the same
schedules as those employees currently paid overtime under the
Fluctuating Workweek Schedule. In light of this, it is the
opinion of the GHRS Implementation Team that shift coordinators
should be compensated for all hours worked.
Action:
Chanqe current Sec. 11 to Sec. 13 and
Revise Sec. 13 to read as follows:
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. Employees in the Emergency Medical
Services Department classified as shift coordinator, crew chief,
or full-time emergency medical technician shall earn overtime in
accordance with the Fluctuating Workweek Schedule provided for in
part 29 C.F.R. and 778.114 of the FLSA.
.
Sec. 13 ( B) (a) :
~ Need for change:
Change concerning Emergency Medical Services personnel is
addressed by the recommended revisions to Article VII.
Action:
Revise Sec. 13(B)(a) to read as follows:
(a) With the exception of personnel in the Emergency Medical
Services Department who are classified under the Fluctuating
Workweek Schedule, the hours used in determining the number
of hours worked in the seven (7) day, 168-hour work period,
shall not include hours spent on personal leave, sick leave,
holidays, or other leave. Such leave time must be included
in straight time pay, but is not included in computing hours
for overtime pay.
Delete Sec. 13 (B) (c) (2) . (This action is recommended to
accurately apply the provisions of the FLSA, which do not require
overtime compensation for employees classified as professional
exempt. )
Change current Sec. 12 to Sec. 14.
Change current Sec. 13 to Sec. 15.
Change current Sec. 14 to Sec. 16.
~
ARTICLE IV. RECRUITMENT AND EMPLOYMENT
Need for change:
To comply with the Americans with Disabilities Act and to conform
language to the spirit of it.
Action:
Revise the following sections/sub-sections to read as follows:
Sec. 1. Statement of Equal Employment Opportunity Policy
It is the policy of the County to foster, maintain and
promote equal employment opportunity. The County will select
employees on the basis of qualifications without regard to age,
sex, race, color, creed, religion, national origin, or physical
or mental handicap (as defined by the Americans with Disabilities
Act) .
Sec. 2. Implementation of EEO Policy
~
All personnel responsible for recruitment and employment
will continue to review regularly the implementation of this
~
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personnel policy and relevant practices to assure that equal
employment opportunity is being actively observed, to the end
that no employee or applicant for employment will suffer
discrimination because of age, sex, race, color, creed, religion,
national origin, or physical or mental handicap. Notices with
regard to equal employment opportunity matters will be posted in
conspicuous places on County government premises, in places where
notices are customarily posted.
Sec. 3. Recruitment Sources
All recruitment sources will be advised periodically of the
County's equal employment opportunity policy. The County will
include among its recruitment sources those organizations and
news media utilized by and available to the protected group
applicants. The Director of Human Resources will publicize
opportuni ties for employment with the County, including salary
and qualifications information. Information on job openings and
hiring practices will be provided to recruitment sources.
Individuals will be recruited from a geographic area as wide as
is necessary to insure that well qualified applicants are
obtained for County service.
Sec. 5. Applications for Employment
All persons expressing interest in employment with the
County will be given the opportunity to file an application for
any position for which applications are being advertised and
received.
Sec. 7. Qualification Standards
(a) Employees will meet the employment standards
established by the position classification plan and
such other reasonable minimum standards as may be
established by the County Manager with the advice and
recommendation of the Director of Human Resources and
department heads.
(c) In keeping with both these responsibilities, the County
may hire applicants who may not be fully qualified for
particular jobs, provided that the deficienci'es are
such that they can be eliminated through orientation
and on-the-job training and provided that the applicant
is appointed at a rate in the pay plan below the
minimum established for the position (See Article III,
Sec. 8, Salaries of Trainees).
Sec. 9. Appointments
(Strike " character, physical
required..." and substitute, "
standards...")
fitness, and other qualities
abilities, character and other
.
.
.
ARTICLE V. SEPARATION AND REINSTATEMENT; INTERIM SUSPENSIONS;
DISCIPLINARY ACTIONS
Need for change:
To conform with the ADA in Sec. 4.
In Sec. 14, to shorten the time period currently mandated for
appeals process, to confine appeal rights to non-probationary
employees, and to set apart the process for appeals of a
memorandum of warning from the that of an appeal of a suspension,
demotion or dismissal.
Action:
Revise the following sections/sub-sections to read as follows:
Sec. 4. Disability
An employee may be separated for disability when the
employee cannot perform the essential functions of his/her job
because of physical or mental impairment. Action may be
initiated by the employee or the County, but in all cases it must
be supported by medical evidence, as certified by a competent
physician. The County may require an examination at its expense
and performed by a physician of its choice. Before an employee
is separated for disability, an effort shall be made to continue
the employee's service by making reasonable accommodations,
including transfer of the employee to a vacant position for which
the employee is qualified.
Sec. 14. Employee Appeal Procedures
(a) Non-department Heads
(1) Appeals 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 department head in writing of his
intentions, appeal the action in writing to the
Director of Human Resources. 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 Resources shall make a
.
.
( 2 )
.
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 and 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.
Upon receipt of the recommendation from the Director of
Human Resources, the County Manager will render the
final decision within five (5) working days and the
decision will be sent to the employee's home by
registered mail.
Hearinqs for Suspension, Demotion or Dismissal
At the request of the Director of Human Resources 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 Resources.
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, 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
registered mail. The decision of the County Manager
will be final.
All hearings provided for herein shall be conducted
during working hours.
Appeals of a Memorandum of warning
An employee who has successfully completed the
probationary period and who wishes to appeal a
memorandum of warning, may within five (5) working days
after the disciplinary action and after notifying his
department head in writing of his intentions, appeal
the action in writing to the Director of Human
.
.
.
Resources. The appeal must contain the response of the
employee to the charges addressed in the memorandum of
warning and the remedy desired by the employee. The
Director of Human Resources will assign the appeal to a
staff investigator to determine the merit of the
disciplinary 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 Resources regarding the disposition
of the appeal, and the basis for the recommendation and
the evidence relied upon. The Director of Human
Resources reserves the right to further investigate any
issues raised in the appeal.
The Director of Human Resources 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
Resources 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 Resources may dismiss the appeal.
(b) Department Heads
A department head wishing to appeal a letter of warning,
suspension, demotion or dismissal may, within five (5)
working days after the disciplinary action, appeal the
action in writing to the Board of County Commissioners.
appeal must contain the response of the department head
the charge(s), a response to the disciplinary action(s)
taken, the remedy desired by the department head and any
other pertinent information.
The
to
The Board 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 in rendering a decision. The
names of all such persons, including the name of counsel
hired by the department head, and how each is related to the
case, shall be submitted to the Board no later than fifteen
(15) working days prior to the hearing date. The Board
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 will render a written decision within five (5)
working days after the hearing, which shall include the
basis for the decision and the evidence relied upon. The
.
.
.
decision of the Board 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 may
dismiss the appeal.
ARTICLE VI. CONDITIONS FOR EMPLOYMENT
Sec. 1. Workweek
(Change reference to Article III, Sec. 11 to Article III, Sec.
13. )
Sec. 7. Physical Examinations
(The last sentence, "The results of the examination will be
submitted to the County Personnel Office to be retained in the
employee's personnel file," should be deleted and replaced by,
"The results of the examination will be retained in a
confidential file, separate and apart from the employee's
personnel file, in the Department of Human Resources, except in
the case of results for law enforcement personnel, which are to
be kept in like manner in the appropriate department.")
ARTICLE VII. LEAVES OF ABSENCE
Need for change:
with the flexibility afforded by GHRS, leave events for Emergency
Medical Services personnel classified under the Fluctuating
Workweek Schedule can be more equitable in comparison to leave
events for other County employees. Currently, when an EMT is
sick during a week when s/he is scheduled to work 63 hours, the
employee deducts 63 hours from his/her leave balance, but is only
compensated for 40 hours. In effect, this employee loses pay due
to illness. With other County employees, sick leave pay exactly
replaces the wages the employee would have earned had s/he not
been sick. In order to equitably apply this policy, indicated
EMS personnel would have to be paid for all leave that exceeds 40
hours, at the half-time rate. Other changes are to comply
exactly with the provisions of the FLSA.
Changes to the proration rates for employees covered under
subsection (g) of this section are also needed.
In Sec. 11, the time period for notifying supervisors of an
absence for sickness needs to be shortened.
.
.
.
In Sec. 13, an accidental omission of text contained in the
approved policy amendment needs to be corrected so as to limit
outstanding promissory notes for advanced leave.
Action:
Revise the following sections/sub-sections to read as follows:
Sec. 3 Holidays
(a) When Work Required - Exempt employees required to
perform work on regularly scheduled holidays will
receive their salary for the hours actually worked, and
may be paid for the holiday or granted compensatory
time off at a later date. Non-exempt employees, with
the exception of certified Emergency Medical Services
personnel, must be paid for all time worked in addition
to any holiday pay to which they may be entitled.
(b)
Certified Emergency Medical Services personnel who are
assigned to a shift will accrue Holiday Comp Time at a
rate consistent with the number of annual hours they
are regularly scheduled to work. Full-time employees
will be credited with twelve (12) hours of Holiday Comp
Time for each holiday; less than full-time employees
will have this time prorated. Holiday Comp Time may
accumulate to a maximum of 132 hours. When the maximum
has been accumulated, no additional Holiday Comp Time
will be earned until some of the accrued leave is
taken. When Holiday Comp Time is taken, the employee
will receive straight-time compensation for the first
forty (40) hours of leave, and will receive
compensation at the half-time rate for all hours taken
in excess of forty (40) hours; such excess hours shall
correspond to the employee's work schedule for the week
in which the leave is taken.
Sec. 5 Personal Leave - Manner of Accumulation
(g) Eligible employees who regularly work more than the
standard 2,080 hours in a year (and whose work-day
hours exceed the standard eight (8) hours), shall earn
personal leave at the prorated amount indicated below:
(1) Certified Emergency Medical Services personnel
who work 2,974 annual hours and 24-hours shifts
shall earn personal leave at 1.43% more than
standard accrual rates.
(2) Employees in departments who work 2,223 annual
hours and 12-hour shifts shall earn personal leave
at 1.07% more than the standard accrual rates.
.
.
.
Sec. 9 Personal Leave - Terminal Pay and Repayment of Personal
Leave
Upon submission of a resignation, an employee will be paid
for personal leave accumulated to the date of separation, not to
exceed the maximum accumulations stated in Section 6 of this
Article. An employee who is involuntarily separated without
failure in performance of duties or personal conduct, as outlined
in Article V, Sections 9 and 10, will be paid for personal leave
accumulated to the date of separation. For involuntary
separation due to failure in performance of duties or personal
conduct, accumulated personal leave may be withheld, given the
circumstances of each employee's case, at the discretion of the
County Manager. At the time of an employee's separation, any
personal leave owed the County will be deducted from the
employee's final compensation.
Sec. 11 Sick Leave
Notification of the desire to take sick leave should be
communicated to the employee's supervisor prior to the leave or
not later than thirty (30) minutes after the beginning of the
scheduled work day, unless such procedures are otherwise dictated
by departmental policy, as approved by the Director of Human
Resources.
Sick leave must be reported in increments of fifteen (15)
minutes.
Sec. 12 Sick Leave - Manner of Accumulation
Eligible employees who work the standard 2,080 hours per
year will earn sick leave at the rate of 3.70 hours per pay
period, or 96.20 hours for each completed year of service.
Employees who work other than the standard 2,080 hours per year,
shall earn sick leave at the rates indicated below:
(a) Eligible part-time employees of the County who work a
minimum of twenty (20) hours in a work-week shall earn
sick leave at a prorated amount based on their regular
work schedules.
(b) Certified Emergency Medical Services personnel who work
2,974 annual hours and 24-hour shifts shall earn sick
leave at 1.43% more than the standard accrual rate.
(c) Personnel in departments who work 2,223 annual hours
and 12-hour shifts shall earn sick leave at 1.07% more
than the standard accrual rate.
Sec. 13
Advancinq Sick Leave
The amount of advanced sick 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.
v.'
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RESOLUTION APPROVING AN INSTALLMENT
PURCHASE CONTRACT AND AUTHORIZING
THE EXECUTION AND DELIVERY OF
DOCUMENTS IN CONNECTION THEREWITH.
WHEREAS, there have been presented the following agreements
(the "Agreements") which the County proposes to execute:
(a) A draft dated April 24, 1992 of an installment purchase
contract to be dated as of June 15; 1992 (the. "Contract"),
between the County and First Union National Bank of North
Carolina (the "Bank");
(b) A draft dated April 24, 1992 of a deed of trus.t and
security agreement to be dated as of June 15, 1992 (the "Deed
of Trust") ahd executed by the County in favor of Lynn
Beckham, as trustee for the benefit of the Bank; and
(c) A commitment letter from the Bank to the County dated
April 14, 1992 (the "Commitment Letter"); and
WHEREAS, the Contract provides for the Bank to advance certain
funds (the "Purchase Price") to the County in order that the County
may reimburse payments made for the cost of constructing and.
equipping the Facility on the Real Property (as defined in the
Contract) and the County to repay the Purchase Price in
installments (the "Installment Payments") as provided in the
Contract; and
WHEREAS, the County has determined that the use of the
Facility is essential to its proper, efficient and economic
operation; that it anticipates an ongoing need for the Facility;
that the Facility will provide an essential use and permit the
COUrity to carry out public functions that it is authorized by law
to perform; and_ that entering into the Contract and the Deed of
Trust is necessary and expedient for the County; and
WHEREAS, the
Installment Payments
the Contract and the
stated purposes; and
County has further determined that the
and all other obligations of the County under
Deed of Trust are not excessive for their
WHEREAS, the County has determined tha.t. the Contract, the Deed
of Trust and the. obligations of the County thereunder are
preferable to, and more cost. efficient than, a general obligation
or revenue bond issue for the same purpose and that. the cost of
constructing the Facility exceeds the amount that can be prudently
raised from currently available appropriations, unappropriated fund
balances and non~voted bonds that could be issued by the County in
the current fiscal year pursuant to Article V, Section 4 of the
Constitution of the State of North Carolina; and
WHEREAS, the debt management policies of the County have been
carried out in strict compliance with law;
t..
NOW THEREFORE; BE IT RESOLVED that the Contract, the Deed of
Trust and the Commitment. Letter, in the form submitted to this
meeting, are hereby approved, and the Chairman of the Board of
Commissioners is hereby authorized and directed to execute and
deliver the Contract, the Deed. of Trust. and the Commitment Letter
on behalf of the County, with such changes, insertions, or
omissions as the Chairman of the Board of Commissioners may
approve, and. the Clerk Board of Commissioners is hereby authorized
and directed to affix thereto. and attest the seal of the County.
The Chairman of the Board of Commissioners, the Clerk of the
Board of Commissioners., the Finance Officer of the county and the
County Attorney are hereby authorized to take any and all such
further action and to execute and deliver such other documents as
may be necessary or advisable to carry out the intent. of this
resolution and to effect. the installment financing pursuant to the
Contract.
The individuals named below are the duly elected or appointed
officers of the County holding the offices set forth opposite their
respective names and (i) the signatures set forth opposite their
respecti ve names and titles. ar.e. their true and authentic signatures
and (ii) such officers have the authority on behalf of the county
to enter into all documentation as described above.
NAME
TITLE
Lucie F. Harrell
Clerk
SIGNATURE
(J) ~
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. 'j.t- .<. .,) V Y. /Ca.~1bD(
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E.L. Mathews, Jr.
Chairman
',.janda M. Copley
County Attorney.
Andrew J. Atkinson
Finance Officer
~~~
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BE IT FURTHER RESOLVED that the County hereby represents that
it reasonably expects that the County, together with all
subordina te entities thereof and any other entities which issue
obligations on behalf of the County, will not issue more than
$10,000,000 of tax-exempt obligations (other than. private activity
bonds, except for qualified 501(c)(3) bonds) during calendar year
1992. The County hereby designates its obligation under the
Contract as "qualified tax-exempt obligationsI' for the purposes of
Section 265(b)(3) of the Code.
2
!...
.
BE IT FURTHER RESOLVED that the faregaing Resalutians shall
take effect immediately upan adaptian.
[S
18th day af May, 1992.
COUNTY
~~ST:
CAd~/~Y~Jf
Cle~ to. the Baard '........
3
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tf;'"
"
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of New Hanover
County (the "County") was duly held on May 18, 1992, at the place
and time established for the Board's regular meetings in
Wilmington, North Carolina, and the following members were present
and absent:
PRESENT: Chairman, E.L. Mathews, Jr.
Vice Chairman, Robert G. Greer
Jonathan Barfield, Sr.
Fred Retchin
William H. Sutton
ABSENT:
The Chairman of the Board of Commissioners stated that one of
the purposes of the meeting was to consider and take action on a
resolution approving the terms and conditions for the installment
financing of the renovations to the Law' Enforcement Center (the
"Facility").
Commissioner E.L. Mathews, Jr. then introduced the following
resolution and moved that it be adopted:
RESOLUTION APPROVING AN INSTALLMENT PURCHASE. CONTRACT AND
AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS. IN
CONNECTION THEREWITH.
WHEREAS, there have been presented the following agreements
(the "Agreements") which the County proposes to execute:
(a) A draft dated April 24, 1992 of an installment purchase
contract to be dated as of June 15, 1992 (the "Contract"),
between the County and First Union. National Bank of North
Carolina (the "Bank");
(b) A draft dated. April 24, 1992 of a deed of trust and
security agreement to be dated as of June 15, 1992 (the "Deed
of Trust") and executed by the County in favor of Lynn
Beckham, as trustee for the benefit of the Bank; and
(c) A commitment letter from the Bank to the County dated
April 14, 1992 (the "Commitment Letter"); and
i
WHEREAS, the Contract 'provides for the Bank to advance certain.
funds (the "Purchase Price") to the County in order that the County
may reimburse paYments made for the cost of constructing and
equipping the Facili.ty on the Real Property (as defined in the
Contract) and the County to repay the Purchase Price in
installments (the "Installment PaYments") as provided in the
Contract; and
J
WHEREAS, the County has determined that the use of the
Facility is essential to its proper, efficient and economic
operation; that it anticipates an ongoing need for the Facility;
that the Facility will provide an essential. use and permit the
County 'to carry out public functions that it is authorized by law
to perform; and that entering into the Contract and the Deed of
Trust is necessary and. expedient for the County; and
WHEREAS, the
Installment PaYments
the Contract and the
stated purposes; and
County has further determined that the
and all other obligations of the County under
Deed of Trust are not excessive for their
WHEREAS, the County has determined that the Contract, the Deed
of Trust and the obligations of the County thereunder are
preferable to, and more cost. efficient than, a general obligation
or revenue bond issue for the same purpose and that the cost of
constructing the Facility exceeds the amount that can be prudently
l'aised from currently available appropriations, unappropriated fund
balances and non-voted bonds that could be issued by the County in
the current fiscal year pursuant to Article V, Section 4 of the
Constitution of the State of North Carolina; and
I
WHEREAS, the debt management policies of the County have been.
carried out in strict compliance with law; NOW THEREFORE,
BE IT RESOLVED that the Contract, the Deed of Trust and the
Commi tmen.t Letter, in the form submitted to this meeting, are
hereby approved, and. the Chairman of the Board. of Commissioners is
hereby authorized and directed to execute and deliver the Contract,
the Deed of Trust and the Commitment Letter on behalf of the
County, with such changes, insertions, or omissions as the Chairman
of the Board of Commissioners may approve, and the Clerk Board of
Commissioners is hereby authorized and directed to affix thereto
and attest the seal of the County.
The Chairman of the Board of Commissioners, the Clerk of the
Board of Commissioners, the Finance Officer of the county and the
County Attorney are hereby authorized to take any and all such
further action and to execute and deliver such other docwnents as
may be necessary or advisable to carry out the intent of this
resolution and to effect the installment financing pursuant to the
Contract.
The individuals named below are the duly elected or appointed
officers of the County holding the offices set forth opposite their
respective names and (i) the signatures set forth opposite their
respective names and titles are their true and authentic signatures
and (ii) such officers have the authority on behalf of the county
to enter into all docwnentation as described above.
"
L..
!
HAME
TITLE
\'ianda M. Copley
County Attorney.
E.L. Mathews, Jr.
Chairman
Lucie F. Harrell
Clerk
Andrew J. Atkinson
Finance Officer
~
BE IT FURTHER RESOLVED that the County hereby represents that
it reasonably expects that the County, together with all
subordinate entities thereof and any other entities which issue
obligations on behalf of the County, will not issue more than
$10,000,000 of tax-exempt obligations (other than private activity
bonds, except for qualified 501(c)(3) bonds) during calendar year
1992. The County hereby designates its obligation under the
Contract as "qualified tax-exempt obligations" for the purposes of
Section 265(b)(3) of the Code.
BE IT FURTHER RESOLVED that the foregoing Resolutions shall
take effect immediately upon passage.
Commissioner Will~ H.Suttrnseconded the motion and the motion
was adopted by the following vote:
AYES: 5
NAYS: 0
WITNESS my signature and the official seal of New Hanover
County, North Carolina, this/~20 day of May, 1992.
-~ / /
( , ' . 0 ~ l..1" /' / /l
\_ J~OL-V 'J/' /~',a-u .I-/{// '_
Cre~k, Board of Commissioners
of New Hanover County,
North Carolina
3
STATE OF NORTH CAROLINA )
)SS
COUNTY OF NEW HANOVER )
I, Lucie F. Harrell, Clerk of the Board of Commissioners of
the County hereinafter described, DO HEREBY CERTIFY, as follows:
1. A meeting of the ~oard of Commissioners of the County of
New Hanover, a county in the State of North Carolina, was duly held
on May 18, 1992, and minutes of said meeting have been duly
recorded in the Minute Book kept by me in accordance with law for
the purpose of recording the minutes of said Board.
2. I have compared the attached extracts with said minutes so
recorded and said extracts, including the resolution therein, are
a true copy of said minutes and of the whole thereof insofar as
said minutes relate to matters referred. to in said extracts.
3. Said minutes correctly state the time when said meeting
was convened and the place where such meeting was held and the
members of said Board. who attended said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have
hereunto affixed the corporate seal of said County, this ~. day
of May, 1992.