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HomeMy WebLinkAboutORD-2010-031 Amending the Orange County Fical Year 2009-10 Budget Ordinance Signing of ContractsDt~p-~ln~ °3l P~ ~ o ~{ -off • ~ o ~f AN ORDINANCE AMENDING THE ORANGE COUNTY FISCAL YEAR 2009-10 BUDGET ORDINANCE WHEREAS, the Board of County Commissioners have requested the County Attorney evaluate the County's contract routing process for deficiencies in efficiency, and WHEREAS, the County Attorney has implemented numerous changes to the process, which have resulted in improved efficiency, and WHEREAS, the County Attorney has identified the minimal nature of the County Manager's authority to sign contracts as an area wherein efficiency could be improved by increasing the financial limits of the Manager's authority, and WHEREAS, the proposed amendment establishes a standard whereby the efficiency of the County's contract routing process may be improved. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA, hereby amends the Orange County Fiscal Year 2009- 10 Budget Ordinance by adding (indicated by underlined language) and deleting (indicated by stricken through language) as follows: That Section XII be amended as follows: The County Manager is hereby authorized to execute contractual documents under the following conditions: 1) The Manager may execute contracts for construction or repair projects which do not require formal competitive bid procedures and for which the amount to be expended does not exceed $ 250,000. 2) The Manager may execute contracts for general and/or professional services which are within budgeted departmental appropriations, for purchases of apparatus supplies and materials or equipment which are within the budgeted departmental appropriations, and for leases of personal property for a duration of one year or less and within budgeted departmental appropriations for which the amount to be expended does not exceed $89,999. 3) The Board of Commissioners reserves solely unto itself the authority to approve and execute contracts with Board Consultants. 4) Contracts executed by the Manager shall be pre-audited by the Finance Officer and reviewed by the County Attorney to ensure compliance in form and sufficiency with North Carolina law. Upon motion of Commissioner Hemminger, seconded by Commissioner Pelissier, the foregoing Fiscal Year 2009-10 Budget Ordinance amendments were adopted this the 7tn day of April, 2010 and shall become effective upon adoption. e~~~ _ ~o Donna Baker, CTerk, Orange County Com~n~~r~ ~~ ~?,~, t`v ~-~ ~ ro .- :,~ .,~- ~ h Q1; ~ ti °~°'` ~ ~A/ a0/~.a. yr ~ ~/ ©S~~UG-yo~d `l.~ ' Commissioner Gordon said that there are more vacant positions than this and she asked when these would be considered. Frank Clifton said that there will be more review of positions. He is looking at the retirement incentives. He wants to avoid as much direct impact on services as possible. He said that the Board will have some difficult decisions to make during the budget process. Commissioner Nelson asked about the Public Works Director position and who would take care of these duties. Frank Clifton said that some other positions will probably be restructured. Michael McGinnis said that the function is being handled currently by the Director of Asset Management and Purchasing. Commissioner Pelissier asked about the Visitor's Bureau position and if Orange County would be using 100% of the occupancy tax for the Visitor's Bureau if this position were eliminated. Frank Clifton said that 100% of the occupancy tax would be used for the Visitor's Bureau and County functions. Commissioner Yuhasz said that this is a good first step towards making up the shortfall, but there will be a reduction in all services that the County provides and funds. A motion was made by Commissioner Hemminger, seconded by Commissioner Gordon to approve eliminating the 21 positions identified in Attachment 1. VOTE: UNANIMOUS Frank Clifton pointed out that this is roughly a savings of $1.2 million. f. Adiusting the Limits on the Manager's Contracting Authority The Board considered information regarding the contracting authority of county managers in various North Carolina counties in order to compare the information to Orange County and, if appropriate, adjust the Manager's contracting authority. John Roberts said that shortly after he got to the County they discussed efficiencies in the county attorney's office. He gave a suggestion to increase the limits of the Manager's contracting authority from $5,000 and the Board of County Commissioners did increase it up to $25,000. He said that Frank Clifton's probationary status is over now and he recommended that his authority be increased. Frank Clifton said that the Manager cannot sign a contract for any amount of money that is not budgeted and approved by the Board as an authorized expense. He said that he does not care what the amount is set at, but $25,000 is fairly low and sometimes vendors have to wait for contracts to be put on the agenda. Commissioner Gordon said that she thought there should be more language, such as protective language, in the specifications of the manager's contracting authority. She said that the amount that seems large to her is in bullet 1, "The Manager may execute contracts for construction or repair projects which do not require formal competitive bid procedures and for which the amount to be expended does not exceed $499,999." She thought an incremental step might be sufficient. She wants to make sure to enter into the record this information so that it is public. She said that the procedures listed here governing the manager's authority are miminal. Frank Clifton said that many counties make it part of the budget ordinance. He said that the real issue is that the County is bound by state statute. He asked the County Commissioners to just pick a number. Commissioner Jacobs arrived at 9:12 pm. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to increase the Manager's signature authority on bullets #1 and #2 to $49,999. Commissioner Hemminger said that this is too restrictive and it should be $90,000. Commissioner Yuhasz agreed with Commissioner Hemminger. He suggested setting #3 at $249, 000. Commissioner Jacobs said that Commissioner Cordon's motion is too restrictive but Commissioner Yuhasz's is too much. VOTE: Ayes, 3; Nays, 4 (Commissioner Hemminger, Commissioner Yuhasz, Commissioner Pelissier, and Chair Foushee) A motion was made. by Commissioner Gordon, seconded by Commissioner Jacobs to set #1 as $100,000 and #2 as $89,999. VOTE: Ayes, 3; Nays, 4 (Commissioner Hemminger, Commissioner Yuhasz, Commissioner Pelissier, and Chair Foushee) A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to set #1 at $250,000 and #2 at $89,999. VOTE: Ayes, 4; Nay, 3 (Commissioner Jacobs, Commissioner Gordon, and Commissioner Nelson). 8. Reports -NONE 9. County Manager's Report Frank Clifton said that he, Chair Foushee, and Clarence Grier went to the Local Government Commission and it approved the Carrboro High School Arts wing financing, but the members are concerned about the findings that Orange County had. He said that Orange County took a tongue lashing today from the LGC because of the nine audit comments that were repeated from last year. Chair Foushee said that the LGC seemed to be concerned about the Board of County Commissioners' lack of oversight and that no internal controls were applied. She said that she committed to the LGC that the Board of County Commissioners would make sure that the County's internal controls are in place. Commissioner Gordon asked what was said about the oversight. She asked what the LGC said commissioners should be doing, especially since the Orange County Board of Commissioners sometimes gets accused of micromanagement. Frank Clifton said that there were audit findings repeated from prior years and that is some indication that there needs to be an explanation. Commissioner Gordon said that she would like to see some minutes or the proceedings of that meeting so that she can know exactly what the LGC said. Frank Clifton said that he would ask, but the meeting was all of ten minutes. He can give a summation of what was said. Frank Clifton pointed out that Orange County is only 65% reporting to the census. He encouraged everyone to complete their census forms. He said that there was a meeting today with the Mayor and Manager of Chapel Hill and the Chair to talk about libraries and other things. He relayed to the Chapel Hill representatives that the Board of County Commissioners would like to move forward with an increase in the subsidy to the Chapel Hill Library, but it may be some time coming depending on budget issues. There was also a discussion of forming a committee of members of the two boards to talk about