HomeMy WebLinkAboutOctober 1990Do
AGENDA OF THE REGULAR MONTHLY MEETING
OF THE
HISTORIC PRESERVATION COMMISSION
Conference Room A, 3rd Floor County/City Building
7:30 p.m. Regular Monthly Meeting
October 15, 1990
I. Call to Order
II. Roll Call
III. Public Hearing
A. Certificates of Appropriateness --(Review)
IV. Regular Business
A. Approval of Minutes --September 17,1990
B. Treasurer's Report --September 1990
C. Correspondence
D. Committee Reports
1. Certificates of Appropriateness --(Report)
a. East Wayne Street Parkways -- LHD
<7 b. Edgm=Aep Drive Park Trees -- LHD
c. C. of A. Procedure
2. Budget & Finance
3. Legal
4. Historic Districts
5. Historic Landmarks
6. Public Relations & Community Education
7. Personnel
a. Promotion of two staff members
8. Staff Reports
a. Main Street Conference
V. Old Business (25 (o
VI. New Business P/u 50 '(a" -i
VII. Hearing of Visito
VIII. Announcements & Miscellaneous Matters
IX. Adjournment
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MINUTES
Third Floor Conference Room County/City Building
7:30 p.m. --Regular Monthly Meeting
October 15, 1990
I. Call to Order
The meeting was called to order at 7:35 p.m.
II. Roll Call
Members Present: Mr. John Oxian, Mrs. Joann
Sporleder, Mrs.Janeanne Petrass, Mr. Jed Eide, Mr.
Herb Herendeen, Mrs. Jean Dennen. Mrs. Martha Choitz,
Mrs. Lori Dixon - Director, Mr. James Pastor - Survey
Manager, Ms. Aladean DeRose - City Attorney.
Members Absent: Mr. Odell Newburn, Mr. F. Jay Nimtz.
Others Present: Mr. Kevin Gorham - 729 Cottage Grove:
Mr. Kevin Boughal - South Bend Tribune.
• III. Public Hearing
A. Certificates of Appropriateness
1. 729 Cottage Grove - LL
Mr. Pastor reported that Kevin Gorham,
owner of 729 Cottage Grove, was requesting
permission to replace wood paired double
hung sashes on the second floor, front,
with clad wooden windows, double hung. He
also wishes to replace the aluminum storms
on the paired sashes with wood screens.
Mr. Gorham was available to answer the
questions of the Commission and provided a
brochure and specifications regarding the
type of windows to be installed.
Mr. Herendeen moved to approve the
application, Mrs. Choitz seconded. Motion
approved.
IV. Regular Business
A. Minutes - September 17. 1990
Mr. Oxian asked about the wording of Mr. Eide's
• motion for approval of a Certificate of
Appropriateness (page 2, paragraph 6).
Specifically, he questioned the use of the word
"recommending" rather than "requiring". Mrs.
Dixon stated that the wording of that paragraph
had been taken verbatim from the audio recording
of the meeting;. No changes were made. Mrs.
Choitz moved to approve the minutes: Mr.
Herendeen seconded. Motion approved.
B. Treasurers Report - September 1990
Mrs. Petrass moved to file the treasurers report
for audit; Mrs. Dennen seconded; motion approved.
C. Correspondence
Mrs. Dixon submitted the correspondence for
review by the Commission.
D. Committee Reports
1. Certificates of Appropriateness
a. East Wayne Street Parkways - LHD
Mrs. Dixon reported that she had
approved a C. of A. application
submitted by the Liason Committee of
the East Wayne Street LHD requesting
permission to plant trees, purchased
with the city Neighborhood grant, in
the tree lawns and parkways of the
district. Mrs. Dixon further explained
that the C. of A. included a list of
property owners who had agreed to plant
the trees, and that she felt it would
be more efficient to cover the entire
project under one C. of A. rather than
requiring each individual property
owner to submit a separate C. of A.
b. Riverside Drive Park Trees - LHD
Mrs. Dixon stated that the agenda,
which listed Edgewater Drive as the C.
of A. applicant is incorrect and should
read Riverside Drive as the applicant.
She proceded to explain that the
situation for Riverside was similar to
that of Wayne Street. Some of the
trees in the park along the river had
had to be removed earlier in the year,
so the neighborhood had purchased a few
trees to replace the others. The
liason committee filed the C. of A.
C. C. of A. Procedure
Ms. DeRose supplied members and staff
with a draft of proposed C. of A.
procedures which she prepared. The
draft includes not only procedures for
submission of applications, but also
the procedures for the entire process
which the Commission must go through to
approve a Certificate of
Appropriateness. Using the state and
local ordinances, the document also
sets out those items which are not
elsewhere explained in detail over
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which the Commission has power and
authority.
She cited the example of hardship,
stating that she had defined what
constitutes a hardship and the
procedures for declaring hardship. She
also clarified the appeal process.
Mr. Oxian stated that he had suggested
to Ms. DeRose that the term be extended
from 30 days for the entire process to
45 days, allowing the Commission time
to act upon an application after it has
been tabled.
Ms. DeRose stated that she did not list
anything under notice given by the
Commission because she was not certain
what policies the Commission followed.
Mrs. Dixon stated that the Commission
follows the Open Door law for the State
• of Indiana, which requires notice of
two business days prior to the meeting.
Mr. Oxian asked the Commission to look
the proposal over and notify either the
staff or Ms. DeRose within two weeks if
there are any questions or changes to
be made.
Mrs. Sporleder asked who must prove
hardship in a "hardship case". Ms.
DeRose stated that the applicant must
be able to clearly demonstrate
hardship.
Mrs. Sporleder then asked whether the
process was strictly procedural,
strictly legal, or some of both. Ms.
DeRose explained that it was both. It
is procedural, but it complies with and
clarifies the law(s) which allow for
the Certificate of Appropriateness
Jprocess. It forms the law which the
Commission must follow. If the
Commission fails to follow the
• procedures. their decisions could be
considered arbitrary and would not hold
up in court. Tf they follow the
procedures, they are able to
demonstrate the basis for their
decisions.
Mr. Oxian reminded the Commission that
other commissions have n.�.-==-Q�n lost
court battles due to a lack of written
procedures. 4 /a a f. //, -, �ek"
Mrs. Choitz thanked Ms. DeRose for her
hard work during the month in
developing such procedures.
2. Budget & Finance
No Report.
3. Legal
No Report
(See Section D, Part l.c. - C. of A.
Procedures)
4. Historic Districts
5. Historic Landmarks
Mr. Oxian asked if the two most recent
proposed landmarks had been sent to the
Council. Mrs. Dixon stated that they had.
6. Public Relations & Community Education
Mrs. Sporleder stated that she would be
speaking before the Forever Learning
Institute on Wednesday on the topic of
recycling old neighborhoods.
7. Personnel
a) Mrs. Dixon reported that two staff
members, Suzanne Booker and Elaine
Lawson, had been promoted to
Architectural Surveyors. Ms. Booker
was promoted from Secretary to Surveyor
and Elaine Lawson, who had been
surveying on a temporary basis. was
promoted to the position of part-time
("permanent") surveyor while she
finishes her thesis at the University
of Notre Dame.
Mr. Oxian reported that those members
in attendance at the interview (Mrs.
Dennen and himself) had also worked
with the Director and Survey Manager to
establish personnel attendance and
vacation policies.
8. Staff Reports
a. Main Street Conference
Mrs. Dixon requested permission for
herself and Mr. Pastor to attend the
Indiana Main Street Conference ozi
November 1 & 2 in Indianapolis.
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Mr. Herendeen asked what cost would be
involved. Mrs. Dixon reported that the
cost would be $89.00 per person for
registration, $20.00 each for the
awards banquet, and $90.00 for one
hotel room. As she and Mr. Pastor both
have friends in Indianapolis, Mrs.
Dixon stated that one of them would
stay in the hotel and one with friends
in order to reduce the cost to the
Commission. Mileage would be
approximately $75.00 including parking.
Mrs. Sporleder moved that the staff
members be permitted to attend the
conference at an expense not to exceed
$383.00. Mrs. Petrass seconded.
Motion approved.
V. Old Business
a) Photo Processing
• Mr. Pastor reported that, in response to the
questions of last month's meeting, he had
contacted various professional photographic
developers regarding the archival stability of
various types of paper. He was told that the
paper currently used by the HPC (resin -coated)
had an unknown shelf -life. It depends on the
thoroughness of the washing process. Therefore,
in the interim. while Mr. Pastor has been working
on a proposal for the developing contract, Dills
Camera has been developing the negatives and
Leigh Booker has been processing the negatives
into contact prints. This has saved money and
time, according to Mr. Pastor. Ms. Booker is
using the resin coated paper.
Mr. Pastor further stated that, in his
discussions with photographic professionals, he
was told that the Commission's use of rubber
cement to affix the photographs to the survey
cards was more detrimental to the print than the
type of paper used. The rubber cement will, in
time, bleed through the photo, turning it brown
and causing it to fall off of the card. Mr.
Pastor suggested using double -backed tape, but it
• is very expensive. Mrs. Sporleder suggested
using diluted Elmer's glue.
r Mr. Pastor stated that this was under discussion
because the Commission needed to determine
whether or not Leigh Booker could be contracted
to continue printing the negatives, or whether it
should be contracted out to a larger firm . Mr.
Herendeen asked if Ms. Booker would be under
separate contract. Mrs. Dixon stated that Ms.
Booker would be contracted separately for time
other than that of her surveyor's contract. Mrs.
Choitz pointed out that the HPC could get into
trouble by having someone on the payroll being
treated two different ways. It could cause
problems regarding withholding of taxes, etc.
It could be done as a part of her surveying
contract, but to contract separately should be
checked with the appropriate authorities first.
Mrs. Sporleder asked if there was some way ams
that it could be worked into Ms. Booker's current
contract: would there be a problem in doing that.
Mrs. Dixon explained that the only problem might
be that, since no tax or benefits are currently
withheld from the staff's pay, the county
purchasing system would consider a bill for the
developing reimbursement rather than payment for
services, and reimbursement is not permitted.
Mrs. Sporleder then asked why it could not be
taken as a part of the Dills bill. Mr. Herendeen
explained that she needed to be reimbursed for
her time as well as supplies, and that using the
bill for Dills would not work.
Mrs. Choitz stated that she felt all of the
ramifications should be looked into to be certain
that the Commission does not act in such a manner
as to create legal problems for itself.
Ms. DeRose asked Mrs. Dixon to clarify the status
of Ms. Booker's relationship to the Commission.
Mrs. Dixon explained that Ms. Booker was a
privately contracted individual, contracted to
the Commission, with no taxes or benefits
withheld from her pay. Ms. DeRose asked why the
photographic developing was not included in Ms.
Booker's hourly wage. Mrs. Dixon explained that
the photographic developing was piece work. When
asked why the processing needed to be piecework,
Mr. Herendeen explained that that was the way it
had always been with Dills, thus the procedure
was continued with Ms. Booker.
Mrs. Dixon attempted to explain the rather unique
situation of the staff payment: Procedure to Ms.
DeRose. asking if the staff, being contractual.
should not be determined by a bid process. Ms.
DeRose agreed that this was. indeed, the
appropriate procedure. Mrs. Dixon went on to
explain that the Commission has attempted on
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several occasions to place the staff on the city
and county payrolls, but to no avail. The
governmental units will not accept the
responsibility of coverage for these staff
members.
Ms. DeRose suggested that the problem of the
photograph processing could be handled if a bid
process is used. The bids would be reviewed by
the Commission and their decision would be
reflected in the minutes. Mrs. Choitz moved that
Leigh Booker be authorized to perform the
printing duties under separate contract
temporarily. Mr. Herendeen suggested that she
refer to the minutes of the September meeting for
wording. Mr. Oxian added that the motion should
also state that Dills would process the film into
negatives.
Mr. Oxian clarified that Dills would process the
film into negatives and Leigh Booker would
• process the negatives into contact prints.
Mrs. Dennen seconded the motion.
Mrs. Sporleder asked if (1) the Commission had a
firm set of guidelines upon which a company or
individual could bid, and (2) does the Commission
have any further applicants for the work. Mr.
Pastor referred to the State manual for
photographic processing of survey material.
Ms. DeRose suggested that a contract description
be sent out to all persons and organizations
which the Commission knows would be able to
perform the duties specified. as well as to other
persons or organizations which may have those
capabilities.
Mr. Oxian suggested to Mrs. Choitz that her
motion be amended to state that the contract(s)
with Dills and Ms. Booker be through December 31,
1990, and that, in the meantime, the staff_ send
out solicitations for bids to all camera shops.
A contract would be awarded in January.
• Mrs. Choitz amended her motion to include the
above stated. and that the contracts would be
reviewed annually.
Mrs. Dennen seconded the amendment. Motion
approved.
b). Magnetic Signs
Mr. Pastor reported that he had discussed the
matter of including one or both logos of the city
and county governments on the signs with the sign
manufacturers in the area. Several of those
companies previously contacted stated that they
did not have the capability to include the logos
on the signs. The previous low bidder, with a
bid of $50 for four signs, does not have the
capacity to include logos on the signs. A new
bidder has offered the price of $150 for four
signs with logos. $50 of that would be a
one—time fee for developing the logo. Additional
orders would not include this fee because the
pattern would be already on file.
Mr. Pastor explained the need for magnetic signs
to those Commission members who had been absent
at the previous meeting. The Commission members
proceded to discuss the potential harm to the
automobiles and determined that care must be
taken to remove the signs from the cars daily.
Mr. Herendeen and Mr. Oxian stated that they felt
the logos were important and necessary.
Mr. Eide moved that the Commission authorize the
purchase of magnetic signs with a logo; Mrs.
Petrass seconded. Mrs. Sporleder stated that she
did not feel that the logo(s) were necessary, but
rather that the important information was the
name and the telephone number.
Six Commission members voted in favor of the
motion: one opposed. Motion approved.
Mrs. Choitz reported on the Scenic Vista program
in England. The property owners turn their
scenic vistas over to the government for
protection, similar to a facade easement. Such a
program has been instigated in the U.S. for
vistas around historic sites, such as
battlefields and historic homes, but it has not
taken hold with the general public.
She further reported that persons at the National.
Trust in Britain stated that this vista program
is the only thing keeping them from lnOk7nU the
way the United States does, in terms of
development. etc. The new developments are
tucked away, rather than lining the hio-hw;;%-s as
they do in the U.S.
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VI. New Business
a). Landmark Plaques
Mr. Oxian requested that a motion be made
authorizing the Commission to purchase 50 nes,
plaques - 20 for the county and 30 for the city.
These plaques should be bronze (colored), as the
original plaques had been several years ago when
the plaque program was first undertaken. The
plaques were not promoted in the city, and a
third of the landmarks in the county have not had
an opportunity to purchase plaques.
Mrs. Choitz asked about the cost of the plaques.
Mr. Oxian stated that the Commission had charged
$32 for the plaques originally. He explained
that the original set purchased had been of good
quality and the second set had been of a poor
quality.
Mrs. Choitz remarked that the Commission
currently has no Jurisdiction over trees and
other elements outside of district or landmark
boundaries. Mr. Oxian reported that the
Commission was in the process of seeking landmark
Mr. Herendeen suggested that the Commission
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determine the cost of such plaques before
approving the purchase of them. Mr. Oxian
requested permission to solicit bids for plaques.
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Mr. Herendeen moved that Mr. Oxian be permitted
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to solicit bids for bronze plaques; Mrs. Choitz
CIN g�
seconded. Motion approved.
b).
Historic Landscape Elements
Mrs. Sporleder asked the status of the
development of standards to identify and preserve
historic landscape elements. Mr. Pastor reported
that he had done some research regarding the
historic landscape features of South Bend. but
had found little other than the names of state
foresters who had set guidelines on species of
trees which grow well in the city.
Mrs. Sporleder stated that she felt it would be
important to the Commission to have a survey of
historic landscape elements in the area. If the
Commission has an opinion on the importance of
these stands of trees, and it should have
something to back it up regarding why they are
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important.
Mrs. Choitz remarked that the Commission
currently has no Jurisdiction over trees and
other elements outside of district or landmark
boundaries. Mr. Oxian reported that the
Commission was in the process of seeking landmark
status on the trees on Lincoln Way West.
Mr. Eide suggested that research be conducted to
determine what other cities have done.
Mrs. Choitz reported that, in Great Britain,
property owners are not permitted to remove
trees, dead or alive, or to cut fallen trees.
Mr. Oxian reported that in the East, they have
the Conservation Easement program. Otherwise, no
status has been given to landscape elements of
this nature.
Mrs. Choitz asked where to begin.
Mr. Oxian suggested that, since no decision would
be made at this time, the meeting should be
adjourned and then the discussion could continue
informally.
Mr. Herendeen moved to adjourn. The meeting
adjourned at 8:50.
VII. Hearing of Visitors
No Report
VIII. Announcements and Miscellaneous Matters
No Report
IX. Adjournment
The meeting adjourned at 8:46 p.m.
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CORRESPONDENCE
a.) Brochure from the National Historical Society
b. ) Preser_va_tiq_n__..News. September 1990
c.) Light Impressions Fall 1990 Catalogue
d.) The Fidelity Graphic Arts Catalog
e.) Solicitation from Instant Copy
f.) Invitation to attend the dedication of the Leighton Gallery
and Copshaholm
g .) R.e.g c_�._i_n.!.g.......Today, Magazine
h.) Sou.th,ho_1_d,.,__News.l.e.tter_ August/September 1990
i.) Invitation to Southhold"s 30th Birthday, in Indianapolis.
j.) Brochure for "Selling Michiana" conference
k. ) Copy of article "Rehab Takes a Fall" from H_isto.ri,c
Pr_eser_vati.o_n. M a 9 a z i n
1.) Second solicitation from Instant Copy
m.) Commo_n.__._Bond_ Summer 1990, Vol . 6, No. 3
n.) CRM....,_ Bu_l_1_e_t_i._n September 1990
o.) Pr_eserva—,t on,._._Fo.rum Newsletter September 1990
P.) Indiana Main Street M.iss.ive. JUlY/August 1990
q.) Pr_es.r_vat_i,o_n_._.Law,.,_,Updates. 1990--33 , 1.990-35
r.) PLR...._Advance September 1990
s.) MAC IAF Mo_ni.tor.. September 1990, October 1990
t.) MACIAF Pl,an.,.._Raom. September 10, 17, & 24; October 1, 1990
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Work Schedule and Holiday Pay
As of September 20, 1990, all hourly personnel shall operate
under the following guidelines:
1. All staff must report to the HPC office by 9:30 a.m. Monday
through Friday unless other arrangements have been made with the
Director and/or Survey Manager in advance. Failure to do so will
result in a wage reduction for that day in half hour increments
beginning at 9:35 a.m. (i.e. one half hour between 9:35 and
10:00, an additional half hour decrease after 10:00, a third
after 10:30, etc.).
If you see that you will be late or unable to come to work
due to illness, etc., you are expected to contact the Survey
Manager or Director at 284-9578 or 284-9798. You may also
contact the Director at home before 10:00 p.m. Abuse of this
policy will be considered repetitive tardiness. The Director is
to report instances of repetitive tardiness to the Commission for
determination of penalty.
2. The staff will perform their duties between the hours of 9:30
a.m. and 4:30 p.m. with one hour permitted for lunch.-: Payment
will be based on this six (6) hour day. Any overtime must be
cleared in advance by both the Survey Manager and the Director.
3. Each hourly employee, in addition to seven (7) paid county
holidays, will receive five (5) paid personal/sick days. Staff
members will be expected to notify the Director when planning a
personal day off.
4. Those staff members who are working outside of the office
during the afternoon will be expected to return all materials to
the office by 4:1.5 to 4:25 p.m. The staff members may meet prior
to coming in and designate one person to deliver the materials to
the office, but all materials must he in the office by 4:25. If
a staff member is unable to meet with the Iothers, they will be
responsible for bringing in their own materials.
These policies have been established by the Historic Preservation
Commission to provide guidance to its contractual staff. If you
. have questions, please contact the Director or the President of
the Commission.
9/18/90
JHO/ld
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Notes from Personnel Committee Meeti
September 18, 1990
Members Present: John Oxian, Jean Dennen (acting on behalf of rest
of committee members), James Pastor -Survey Manager,
Lori Dixon - Director.
Members Absent: Martha Choitz, Joann Sporleder, Odell Newburn
Mr. Oxian and Mrs. Dixon (Director) interviewed Suzanne Booker, with the
intention of promoting her to the position of Architectural Surveyor.
Ms. Booker indicated her interest in the position and has demonstrated
the necessary skills for the job. Mr. Oxian and Mrs. Dixon agreed to
promote her, pending appropriate approval from the County Commissioners.
Mr. Oxian and Mrs. Dixon interviewed Elaine Lawson, with the intention of
promoting her to the position of Architectural Surveyor III. Ms. Lawson had
assisted the staff on a temporary basis during the completion of the last
survey and has demonstrated the necessary skills for the job. Mr. Oxian
and Mrs. Dixon agreed to promote her, pending approval of the County Commissioners.
Mr. Oxian, Mr. James Pastor (Survey Manager), Mrs. Dennen, and Mrs. Dixon then
discussed guidelines for the staff regarding hours of service and policies for
vacation time. Mr. Oxian stated that he felt the hourly contractual staff
should have a clause in their contracts allotting five (5) vacation days
per year. Currently the hourly staff has no vacation time designated.
Mrs. Dixon and Mr. Pastor agreed to this addendum to the contracts.
The hours of employment stated on the contracts are 9:30 a.m. to 4:30 p.m.
Monday through Friday, or as otherwise arranged with the Commission (in order
to accommodate school schedules). Mrs.ODixon,:stated that there had been
some problem with the staff coming in at all hours. Mr. Oxian sdggested that
an incentive should be included in the policy whereby tardiness results in
decreased wages for the day in half-hour increments. Mr. Pastor and Mrs. Dixon,
as well as Mrs. Dennen all agreed that such penalties ought to be effective.
Mr. Pastor stated that some controversy exists over the necessity of returning
to the office at the end of the day for those staff members in the field. Mr.
Oxian suggested that the staff members meet and designate one person to bring
materials back to the office and that the materials must by in the office
no later than 4:25 every day, as the office closes at 4:30. All agreed that this
would be a reasonable policy, but that ALL materials must be in the office,
regardless of whether one person or all staff members individually bring them in.
The policy for hourly staff was later typed by Mrs. Dixon per this meeting and
distributed to the staff, the County Personnel office,and to Mr. Oxian and
members of the Personnel Committee; effective September 20, 1990.