HomeMy WebLinkAboutMinutes - 20090611 APPROVED 8/18/2009
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
BUDGET WORK SERSSION
June 11, 2009
7:00 p.m.
The Orange County Board of Commissioners met for a budget work session on Tuesday,
June 9, 2009 at 5:30 p.m. at the Link Government Services Center in Hillsborough, NC.
COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners
Alice Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve
Yuhasz
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT:
COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County
Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff
members will be identified appropriately below)
Chair Foushee asked if the Board would make an addition to the agenda— Interim County
Manager Appointment Terms.
Chair Foushee said that Mr. Frank Clifton has been chosen as Interim County Manager.
The terms are outlined in the abstract. Mr. Clifton has served as County Manager in two other
counties and as a City Manager.
A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier
to confirm the terms of appointment as outlined in the attachment document, appointing Frank
Clifton as Interim County Manager Appointment Terms to the agenda.
VOTE: UNANIMOUS
1. FY 2009-10 Annual Operating Budget Decision Items
• County Pay and Compensation Decisions
There is no cost-of-living or merit increases recommended in the budget, with the
exception of law enforcement officers. The 401(k) contribution will be suspended only for next
year. Voluntary leave without pay is also a consideration.
Laura Blackmon reviewed the Retirement Incentive Program and gave the qualifications
for this program.
ORANGE COUNTY
2009 RETIREMENT INCENTIVE PROGRAM DESCRIPTION
Orange County has developed a Retirement Incentive Program ("Program")" in an effort to
achieve cost savings and provide eligible employees an opportunity to retire and receive a lump
sum payment.
1. ELIGIBILITY REQUIREMENTS:
To be eligible for the Retirement Incentive Program, participants must meet all requirements
listed below:
• Be a full-time or part-time permanent or provisional employee;
• Meet the qualifications for retirement (reduced and unreduced) under the North
Carolina Local Government Employees' Retirement System (NCLGERS);
• Elect to retire with an effective date of July 1, August 1, September 1, or October 1,
2009;
• Complete and sign the Program Election and Release Form ("Release") and
submit to the Human Resources Department (eligible employees who voluntarily
elect to participate in the Program are required to execute and submit the
Retirement Incentive Program Election and Release Form to the Human
Resources Department and have seven days from that date to revoke their
Release and withdraw from the Program);
• Have submitted a "Claiming Your Monthly Retirement Benefit" (Form 6) to
NCLGERS prior to the end of the Program.
Any employee who elects to participate in the Program, but fails to timely and properly comply
with the above requirements, will not be eligible to participate in the Program.
2. TIME LIMITS APPLICABLE TO THE PROGRAM
• June 17, 2009— Preliminary information communicating Board of County
Commissioners' approval of the Program will be distributed to employees.
• June 17-July 1, 2009—Additional information regarding the Program will be
distributed to all employees. Election and Release Forms will be distributed to
Program-eligible employees as identified by the County.
• July 1, 2009-October 1, 2009—The effective dates of this Program.
• July 1, 2009 - The first possible effective retirement date under this Program.
• July 11, 2009 - Deadline for employees who believe they are eligible but did not
receive the Election and Release Form to notify the Human Resources Department
that they may be eligible.
• July 13, 2009 - Information for"missed" eligible employees will be distributed.
• July 7-15, 2009 - Retirement Information Sessions (see below) will be held.
• September 30, 2009—The last possible date to apply for retirement to the NCLGERS
for participation in this program.
• October 1, 2009 - The last effective date for retirement under the Program.
• January 1, 2010 —The last date that the County Manager may delay an employee's
effective retirement date for operational purposes. However, the employee must have
met the eligibility requirement and applied to NCLGERS by September 30, 2009. All
required County Election and Release forms must be submitted by the end of the
Election Period.
This is a voluntary Program. Any employee who believes that he or she is being coerced or
pressured to retire should report this to the Human Resources Director. Employees considering
participation in this Program are advised to consult with an attorney prior to executing the
Election and Release Form.
3. BENEFITS AVAILABLE UNDER THE PROGRAM
• Eligible employees who elect to participate in the Program and comply with all
requirements of the Program shall receive in consideration for their participation in the
program an incentive payment based on their base annual salary and years of service
in a lump sum as shown below. The lump-sum payment will be made within 30 days
following the effective date of retirement and will be subject to the usual deductions.
The lump sum payment is an incentive payment and will not be considered in the final
compensation amount used for the calculation of retirement benefits as provided in the
North Carolina Local Government Employees Retirement System guidelines.
• Employees will receive any earned but unused vacation and, in addition, longevity pay
prorated to the date of retirement. Vacation and prorated Longevity Pay will be in the
employee's final pay check in accordance with County policies and procedures; these
payments will be included in the calculation of the employee's retirement benefits.
• An employee will receive applicable benefits as provided in the Orange County
Personnel Ordinance and state and federal regulations.
Incentive Amount
The amount of an individual employee's incentive is determined by base annual salary as of the
last day of employment and years of service as determined by the North Carolina Retirement
System.
NCLGERS Service # of Weeks Salary
Credit Paid as Incentive
5 but less than 10 years 6 weeks
10 but less than 15
8 weeks
years
15 but less than 20 10 weeks
years
20 but less than 25 12 weeks
years
25 but less than 30 14 weeks
years
30 + years 16 weeks
4. RETIREMENT INFORMATION SESSIONS
The Human Resources Department will offer several informational workshops in mid-July. All
eligible employees who meet the Program requirements are encouraged to attend the
workshops to receive information on a variety of related topics, including Retirement System
procedures and Health Insurance. Spouses, domestic partners and significant others may
attend these workshops with employees. Please see the proposed schedule of meetings.
5. RETIREMENT ELIGIBILITY
The table below summarizes eligibility requirements. Please refer to the North Carolina
Retirement System at www.myncretirement.com or 919-807-3050 for more detailed information.
Unreduced Benefit Reduced Benefit
Employees, Law Employees, Law
excluding Law Enforcement excluding Enforcement
Enforcement Officers (LEO) Law Officers
Officers Enforcement (LEO)
Officers
Thirty (30) or Thirty (30) or At least age 50 At least age
more years of more years of with at least 20 50 with 15
creditable creditable ser- years of years of
service, vice, creditable creditable
regardless of regardless of service as an
age age service officer
At least age 60 At least age 55 At least age 60
with at least 25 with 5 years of with at least 5
years of creditable creditable years of
service service as an creditable
officer service
At least age 65
with at least 5
years of creditable
service
Sick leave may be applied to creditable service in accordance with the
provisions of the North Carolina Local Governmental Employees'
Retirement System.
6. RETIREMENT APPLICATION PROCESS
The North Carolina Local Governmental Employees' Retirement System recommends that
employees submit applications for retirement at least 90 to 120 days before the retirement
effective date in order to timely receive initial retirement benefits to ensure timely payment of
the first monthly benefit. Applications cannot be submitted more than 120 days prior to the
retirement effective date.
Employees who elect to participate in the Retirement Incentive Program and meet all program
requirements are required to submit an application for retirement to the NCLGERS no later
than one day prior to the chosen effective date. Eligible employees are encouraged to visit the
Retirement System website prior to contacting the Human Resources Department for
additional information.
7. REEMPLOYMENT
An employee electing to participate in the Program shall not be eligible for reemployment with
the County as a permanent or provisional employee.
8. MISCONDUCT/PERFORMANCE FAILURE
Employees who elect to participate in the Program are still obliged to adhere to County and
department policies and procedures. The election does not excuse an employee from
complying with the County's conduct rules as well as disciplinary policies and procedures.
9. DELAYS FOR OPERATIONAL PURPOSES
The County Manager has the authority to delay an employee's effective retirement date up to
three months for operational purposes. However, the employee must have met the eligibility
requirements and applied to the Retirement System according to the timelines specified. A
delay will not reduce the incentive payment.
There are 148 employees eligible for this benefit.
Commissioner Yuhasz made reference to $900,000 in work force adjustments and
asked what is included from Appendix A in this amount. Laura Blackmon said that the
retirement program is about$375,000 savings, but this may depend upon how many employees
take this program. The $375,000 is included in the $900,000. Other things include the hiring
freeze, voluntary unpaid leave, health insurance increases, and the Archer Study. The
$900,000 is a net amount because of the health insurance increases and the Archer Study.
In answer to a question about the figure for voluntary unpaid leave, Human Resources
Director Michael McGinnis said that it would be between $50,000-100,000 depending on who
took the leave, and staff opted for the lower figure of$50,000 (p. 22 of Appendix A of budget
document).
Commissioner Hemminger asked if this retirement incentive plan had been tried before
and Laura Blackmon said that staff looked at several counties and cities that have done
retirement plans. This plan has never been done in Orange County before.
Laura Blackmon said that she would not recommend that this be done again, and this is
only being done this year as a cost-saving measure.
Commissioner Gordon asked about the reclassifications proposed, including how many
employees are lower-paid.
Laura Blackmon said that employees go through an internal process and the Archer
study decided that the proposed positions needed to be reclassified. New job descriptions are
written on positions that need to be reclassified. The employees that are proposed have either
taken on more responsibility or the job itself has completely changed and the employees would
be compensated accordingly. At this time, those employees identified in the study are not being
paid for the work that they do, but for the work that they were originally hired to do. Her
recommendation is that the reclassifications be done as part of the budget each year.
Commissioner Gordon said that the Board decided to look at the Archer Study in the fall
2009 as part of a work session. She asked how the proposed reclassifications were related to
the study, and what they were asking the commissioners to approve now. The Archer Study had
proposed a lot more classifications (pp. 18 and 19). She said that the Board has not even
adopted the Archer Study and it is problematic to accept anything from the study when the
Board has not even discussed it.
Laura Blackmon said that her recommendation is to not adopt the expanded pay grades
of the Archer Study because it was so expensive. The recommendation was to adopt the job
descriptions, keep the County's pay grade, and do the reclassifications as part of the budget
process. The modifications are just title changes.
Commissioner Gordon said that she does not know what the budget implications are and
the Board has never really discussed this.
Commissioner Yuhasz said that there are at least four positions where the pay grade is
going down. He asked if these were occupied positions and Laura Blackmon said yes. These
employees are aware of this reclassification.
Michael McGinnis said that in all of those cases there is not any adjustment to these
employees' salaries.
Commissioner Yuhasz said that doing this reclassification does not mean that the Board
accepts the Archer Study. He wants to make that clear.
Michael McGinnis said that the disparity between the $1,675,000 (p. 22 of Appendix A)
and the $900,000 is the $500,000 for the 401(k) and the $275,000 for the health insurance
increase.
Commissioner Gordon made reference to Decision Point 1 on Attachment 3 and
suggested revisiting the Employee Pay and Compensation decisions if needed when going
through the budget. She pointed out that the last thing on the agenda is adoption of the annual
operating budget. She said that this is not correct and that it should be approval of the intent to
adopt the budget and not the actual adoption of the budget tonight.
The Board was in agreement with the retirement plan.
Service Delivery Changes as Included in the FY 2009-10 County Manager's
Recommended Annual Operating Budget:
Laura Blackmon said that the two main items for discussion were Solid Waste and the
Library.
Commissioner Yuhasz said that when the Board comes back in the fall, he wants to look
at personal mileage and personal time versus County vehicles and mileage, etc.
Commissioner Jacobs suggested having an item on the agenda for June 16th with a list
of items the County Commissioners would like to talk about in the fall so that there can be
agreement.
Commissioner Nelson respectfully disagreed because the list of proposed discussion
items is a lot and there is already a rolling calendar that has so many items on it.
Laura Blackmon said that the Board should spend some time in the very beginning of
the fall identifying, out of the whole list, what the Board will focus on in the next year.
Commissioner Jacobs said that he does not care how it is done, but he just knows that
many times in the budget processes, the County Commissioners have told staff to follow up with
items and no one remembers them afterwards.
Commissioner Nelson suggested referring the list to staff to schedule as a discussion
item on the rolling list for the fall.
Solid Waste:
Solid Waste Operations Manager Paul Spire went through his memo, which was
Attachment 1. The two scenarios for keeping the Solid Waste Convenience Centers open on
Sundays are M-W-F-Sat-Sun or M-T-F-Sat-Sun. These scenarios require that the employees
would be required to work every Saturday and would have alternating Sundays off. The first
scenario would mean that employees would never have two concurrent days off.
Commissioner Yuhasz asked which scenario would work better for the system and the
employees and Paul Spire said Scenario 2.
Commissioner Jacobs verified that the Bradshaw Quarry Road SWCC would be closing.
The citizens will be notified.
Laura Blackmon said that the original departmental recommendation still remains closing
the convenience centers on Sundays.
Commissioner Yuhasz said that Sunday is the day where there is the greatest volume,
and he would support Scenario 2 even though it will cost an additional $34,000.
Commissioner Jacobs agreed with Commissioner Yuhasz and said that this is about the
customers first and Sunday the convenience centers are heavily used.
Commissioner Pelissier said that she preferred the staff's original recommendation with
closing the convenience centers on Sunday. She has concerns about the staff that would be
impacted because when the employees took their jobs, they did not agree to work every
Saturday.
Chair Foushee said that she has a hard time expecting employees to work every
weekend.
A motion was made by Commissioner Pelissier, seconded by Commissioner Hemminger
to follow the original staff recommendation on the Solid Waste Convenience Centers (this
includes closing on Sundays).
VOTE: Ayes, 5; Nays, 2 (Commissioner Jacobs and Commissioner Yuhasz)
Library:
Donna Coffey went through the options:
Option 1: Keep the main library open for 50 hours a week and allow all branches
to stay open.
Option 2: Allow branches to stay open and the main library to be open for 54
hours a week.
There were proposals for exchanges to allow these hours. These exchanges include:
- Reduce BOCC travel by 50% $12,000
- Reduce BOCC contingency $30,000
- Reduce FY 2009-10 Appropriation to DSS Safety Net (carry forward Critical Needs
Reserve Appropriation from FY 2008-09) $120,000-150,000
- Reduce Blackwood Farm @ New Hope PAYG Capital Appropriation Based on New
Cost Projections from ERCD $59,260
- Defer Observation Well Network PAYG Capital Appropriation $24,870
- Postpone Videostreaming/Podcasting $50,000
Laura Blackmon said that there is $74,000 in the budget for a consultant for the
Comprehensive Plan, and this could be postponed in exchange for the videostreaming.
Commissioner Gordon said that she would not want to postpone the Comprehensive
Plan nor the videostreaming. She said that she would like to keep both.
Commissioner Jacobs said that he has no interest in postponing the Comprehensive
Plan or podcasting. He asked about$50,000 for future library facilities and it was answered that
this is a reserve for a library branch in southwest Orange County.
Commissioner Nelson said that he understands that this $50,000 is for capital and is at
some point supposed to provide a library for southwest Orange County, but this proposal is
continuing to provide a library for southwest Orange County. He said that it seems reasonable
to postpone putting aside money for a library, when money is being spent to keep the library
open right now.
Commissioner Nelson said that the County needs to use pay as you go funds more. He
said that he had hoped that the County would have sold the surplus properties this year. He
proposed setting up a reserve account for the proposed money to sell surplus properties and
use the money for the southwest library and for the schools, especially for renovations for the
older schools.
Commissioner Hemminger said that she does not want to postpone the Videostreaming
or the Comprehensive Plan. She also has a concern about the higher number of people that is
needed for the new library.
Lucinda Munger said that there is only one service point now at the library and it does
not work now, and it will not work in the new library. She said that they will have a need to
cover all service points in the new library. The new building has four separate desks on two
separate floors. There must be staff to cover these areas. She said that the number of staff is
still below what really should be there and below the State average.
Commissioner Hemminger asked about the four hour difference and what this really gets
the citizens. Lucinda Munger said that this would be for the evening hours to stay open after
7:00 p.m. She said that the library has increased in the last two years in double digits in almost
every category of patrons.
Commissioner Jacobs verified that, based on the current scenario, the branch libraries
will remain the same with the hours. Commissioner Jacobs said that he thinks it is wrong to
keep the branch libraries open the same amount of time and cut the main library hours. He
made reference to page 2-21 and that there is a little more than $2 million in overtime, non-
permanent personnel, and seasonal personnel. He suggested cutting this by 10%. He would
like this issue on the list for the fall to discuss. He said that, at some point, the County needs to
talk about serving the customers who are paying the taxes. He is not comfortable taking the
main library back to the minimum number of hours. He asked Lucinda Munger about the cost
for hours open.
Chair Foushee said that she would like to know what a 10% reduction in the overtime,
temporary personnel, and seasonal personnel would amount to.
Laura Blackmon said that the staff was directed to cut 10% and they did cut many of
these items. To compound this issue, vacant positions are not being filled and new positions
are not being created. She said that this is putting a lot of pressure on departments.
Donna Coffey said that the Sheriff depends on non-permanent employees for mandated
services.
Commissioner Yuhasz said that the County is opening a new main library and it needs to
provide a better level of service than the old library. He would like to discuss opening the main
library for 64 hours. He wants to find additional money because this is supposed to be a better
service. Commissioner Nelson agreed.
Commissioner Yuhasz suggested using the capital funds that are not necessarily
needed for this year. He said that some parts of the Link Government Services Center could be
done in this next fiscal year for$175,000 rather than $575,000.
Commissioner Gordon said that the Board said that it was going to stay at a revenue
neutral rate, and the Manager recommended 54 hours, and she thinks that the Board should
stay with this and consider keeping the library open more hours next year.
A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to
reduce overtime, seasonal, and temporary personnel by 5% overall and apply the savings to
keep the main library open for 62 hours a week.
VOTE: Ayes, 2 (Commissioner Yuhasz and Commissioner Jacobs); Nays, 5
MOTION FAILED
Commissioner Pelissier asked about the DSS safety net and the implications and Donna
Coffey said that it would still be funded. These monies are currently available in the 2008-09
budget. It was carried forward from last year and not much was spent last year. These monies
can be carried forward to next year and fund the safety net by $145,000. This would free up the
$150,000 that is currently included in the Manager's Recommended Budget for next year.
Commissioner Pelissier said that if monies are taken from pay as you go capital, then it
has to be found from the operational funds the next fiscal year to keep it at the same level. She
said that if this is increased continually, she is worried because the future is so unknown. She
said that the increase in service for the library is not just hours, but what you get when the
library is open. She said that the new library will clearly have a much better level of service.
She does not think that it is all about the hours.
A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier
to have the central library open for 54 hours a week. (There was never a vote on this motion)
Commissioner Gordon asked to talk through the options.
Chair Foushee said that they are looking at variations on options 1 and 2.
Laura Blackmon said that option 2 has 54 hours, but it will be $50,000 short because of
not postponing the Videostreaming.
Donna Coffey suggested deferring the $50,000 in pay as you go capital for the future
southwest library.
Commissioner Nelson said that he would support this.
The Board agreed to have two motions on this issue.
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
establish a reserve fund to which the proceeds from the sales of surplus properties will go, and
that the reserve account will be used for County and school needs (60/40), with the County
needs being the southwest library branch and the school needs being renovations to older
schools.
Commissioner Jacobs asked to amend the motion to create a capital fund for a dental
clinic at the Southern Human Services Center and get rid of the lease at Carr Mill Mall.
Commissioner Nelson did not accept the amendment. He said that the money that will
be in this account is not that much. He did appreciate the sentiment.
VOTE: Ayes, 6; No, 1 (Commissioner Jacobs)
A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger
to accept Option 2 including Proposed Exchanges to Allow for Increased Funding for Library
Services, except taking $50,000 from pay as you go capital for the Videostreaming.
VOTE: UNANIMOUS
The Board agreed to add the Dental clinic/Carr Mill Mall discussion to the fall list.
Commissioner Gordon agreed with Commissioner Jacobs about the need for
constructing a dental clinic at the Southern Human Services Center, instead of leasing space.
Chair Foushee said that she does not like transferring money from capital to operating.
Funding for Chapel Hill Carrboro City Schools and Orange County Schools:
Commissioner Jacobs said that he had asked the Clerk to find the original debt
management policy from 1998. He said that this ought to be in future budget books. He said
that the 13-15% level of debt is not a cap, but it is a target. He read from the policy, "The
County will strive to maintain its annual debt service at a level no greater than 13-15%." He said
that the Board is not violating its own policy.
This item was put on the list to discuss in the fall.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Nelson to
fund the schools at 48.1% of the General Fund.
Commissioner Gordon asked if this means that the Board will follow the Manager's
Recommended Budget for this item and the County Commissioners agreed.
VOTE: Ayes, 6; No, 1 (Commissioner Hemminger)
Tax Rate Decisions:
i. Ad Valorem Tax
A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to set
the ad valorem tax rate at 85.8 cents per hundred dollar valuation.
VOTE: UNANIMOUS
Commissioner Jacobs said that this is the first time in four revaluations that Orange
County has stayed with the revenue neutral rate.
Commissioner Gordon said that it is important to point out that the County has cut more
than $5 million from the general fund budget.
ii. Chapel Hill Carrboro City Schools Special District Tax
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
set the Chapel Hill-Carrboro City Schools Special District Tax at 18.84 cents per hundred dollar
valuation.
Commissioner Jacobs verified that funding the Carrboro High arts wing will mean that
the payments will not start until next fiscal year. There is no impact for this fiscal year.
VOTE: UNANIMOUS
iii. Fire District Tax Rates
Laura Blackmon said that there were two requests for increases from Eno and White
Cross.
Commissioner Gordon asked why the other districts did not ask for increases. Donna
Coffey said that the others did not request increases because some had not needed it and
others did not request any because of the Board of County Commissioners' guidelines.
Commissioner Yuhasz said that both requests were in the nature of an emergency and
he would be willing to increase the rate this year and go back to a neutral rate next year.
A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger
to increase the tax rates for Eno (4.99 cents) and White Cross (5.05 cents) fire departments for
this year, and next fiscal year, roll the tax rates back to the revenue neutral rate.
Commissioner Gordon said that the numbers need to be specified.
Donna Coffey said that the numbers could be put in the budget ordinance.
VOTE: UNANIMOUS
Commissioner Jacobs said that this is the only place the Board has deviated from the
positions taken five months ago. He thinks that this is significant. He said that the problems
that Eno identified that caused it to ask for an increase are the reasons why the Fire, Rescue,
and Emergency Services Study are so important.
Donna Coffey said that one item not on the list is the fee increases in the Manager's
Recommended Budget.
A motion was made by Commissioner Pelissier, seconded by Commissioner Nelson to
accept the fee changes in the Manager's Recommended Budget.
Commissioner Jacobs said that the Board usually gets a list of fees and they are
approved all at once. Donna Coffey said that this will be done on Tuesday night.
The Board agreed to ask the staff for the entire list.
VOTE: UNANIMOUS
Note: The budget decisions made tonight were approval of intent to adopt these provisions in
the budget. The budget adoption will occur on Tuesday night (June 16th)
Commissioner Nelson thanked all of the staff for the work done this year because it was
such a hard year. He was particularly impressed with the benefits survey and how employees
were willing to take a hit. He thanked Donna Coffey and Laura Blackmon in particular.
Chair Foushee said that Commissioner Nelson speaks for the Board.
Adjourn:
A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to
adjourn the meeting at 9:20 pm.
VOTE: UNANIMOUS
Valerie Foushee, Chair
Donna S. Baker, CMC
Clerk to the Board