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HomeMy WebLinkAboutMinutes - 19990421APPROVED 1217199 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION April 21, 1999 The Orange County Board of Commissioners met on Wednesday, April 21, 1999 at 7:30 p.m. in the Board Room at the Southern Human Services Center, Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon and Commissioners Margaret W. Brown, Moses Carey, Jr., Stephen H. Halkiotis and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell, and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR 5 YEARS. Chair Gordon called the meeting to order and summarized the agenda. She suggested adding the closed session from last evening to the end of this meeting. The Board decided that if they were finished by 10:00 they would add this closed session. If they do not get to it by 10:00, they will discuss whether or not they want to do it. 1. Employee Pay and Benefits Changes for 1999-2000 This item was presented for the Board's confirmation of the components of the employee pay and benefits plan for 1999-2000 as a result of the Board's October 13, 1998 employee compensation work session. The Board also considered implementing the policy details. John Link said that there would be three work sessions to present elements of the budget to the Board of County Commissioners. He is not asking for approval of any portion of what they present, but is asking for confirmation. John Link made reference to the pay plan and the material as distributed with the agenda for this meeting. He reminded the Board that in the October 1998 work session they reached consensus on the pay and benefits components and decided on a two-year plan with these components. He said they have put two options in place to deal with the two personal leave days. He asked the Board to let the staff know if the components are not what they expected. The funding decisions will be finalized as part of the June deliberations on the budget as a whole. Personnel Director Elaine Holmes reviewed, using overheads, what the County Commissioners had agreed to for the pay and benefits components from the October 1998 work session. These changes include COLA and in-range salary progression, meritorious service awards, 401(k) plan contribution, personal leave days, equity/retention fund, and a two-year plan. She explained each component as described in the Pay and Benefits Implementation Report, Section B of the notebook. She pointed out the cost estimates for all of the changes, as shown in Section C of the report. She then welcomed any questions from the Board. Chair Gordon said that this Pay and Benefits Implementation Report is what the Board talked about in October. In Section A, the Board needs to confirm what they did in October, and in Section B they need to decide what to do with the two personal leave days. She said the amounts of the COLA and the In-Range salary increases would be decided as part of the budget process, not at this meeting. Commissioner Halkiotis asked about the estimated cost of the personal leave days, and Elaine Holmes said it was listed on page 9 of the report at the bottom. Chair Gordon asked if this amount for the personal leave days was just salary or salary with benefits included. Elaine Holmes said this amount was for salary and benefits. She clarified that it was a value, not funds that need to be set aside in the budget. Commissioner Carey asked about the pay plans of other area employers and asked how this was done. Elaine Holmes explained that they took the approved plans for 1998-1999 and surveyed each of the employers to see what information could be shared at this point about their plan for 1999-2000. Commissioner Brown made reference to the performance award on page 9 of the report. Chair Gordon said that page 9 indicates what it used to be which is obsolete now. Elaine Holmes said that she has shown the current pay plan for 1998-1999 so the amounts that are budgeted right now could be seen. The current pay plan has the performance award. The far right column projects the cost of the pay plan if it continues next year. Commissioner Carey questioned if the employees should be required to take full days for the two personal leave days. Elaine Holmes said that if it were incorporated with a holiday, it would be taken in full days. As a separate policy for personal leave days, it could be taken in units. Commissioner Halkiotis feels that since these two days are considered a part of the employee's benefit package that it is important that the policy be flexible and allow an employee to take two hours if necessary. Commissioner Carey said that he would like to have the personal leave days as a separate policy instead of lumping it into something else like holidays. He wants something that can be flexible but at the same time not propose a hardship on any operating department or agency. Commissioner Halkiotis feels the Board treats people with a lot of respect. He asked that the two leave days have as much flexibility as possible. He does not think that the state gives benefits like this. Chair Gordon said that on page 22, in item 4.5.3, it could just be changed to say "a personal day may be taken in increments of two hours." She thinks this would work if it is what the Board wants. John Link suggested that Personal Days be made as a separate section so it is seen as a new benefit. Commissioner Brown asked if someone did not use their two days, could it be put into a pool to be used for emergencies. Elaine Holmes said that there is a shared leave policy where employees can donate their vacation leave. She said that if an employee does not use their vacation it is converted to sick leave. John Link said that it could be an option to donate unused personal days for shared leave. Commissioner Carey said he would prefer the donating of personal leave as opposed to an accumulation at the end of the year. Commissioner Jacobs asked about the criteria listed in section 4.5, page 21, for personal leave days and if this is meant to be inclusive and if there needs to be a list of reasons. He said he could think of more reasons that would be considered as valid. Elaine Holmes said that it was meant to be inclusive. She said the policy could just say "for personal reasons." Commissioner Halkiotis would like to see a procedure where there is something that allows an employee to buy their time back. He thinks there are some County employees who may be in high volume positions that may not be able to take time off. The Board decided by consensus that the two days can be used in two-hour or more increments, and that it be a separate policy. The reason for the personal days can just be for personal reasons. Elaine Holmes will draft a Personnel Ordinance Revision and bring it back to the Board. Commissioner Halkiotis asked about the personal leave and if it is what was formerly the funeral leave. Elaine Holmes said that there is a funeral leave policy that is separate for immediate family. Commissioner Halkiotis would like a complete listing of what the County does for its employees. Elaine Holmes will bring back a Personnel Ordinance Provision for personal days and a list of what the County does for its employees. Commissioner Jacobs asked about the rating levels on page 4 of the report. He said in October 1998 the Board talked about there being only three rating levels. Elaine Holmes said that in October 1998 the County Commissioners did not talk about how many performance levels there would be. There was some discussion by the Board if there needed to be the "unsatisfactory" level, so it was retained. She said the "unsatisfactory" rating could be used for the employee who is at the disciplinary stage. John Link said that if an employee is not rated as efficient then they have some significant deficiencies. The "needs improvement" rating means that the employee can overcome the deficiencies. The supervisor and John Link would determine if they feel the employee can retain their efficiency. He explained that this would not be where an employee would be fired on the spot. This is an ongoing performance issue. Commissioner Jacobs asked about the proposed levels and asked if the percentage is known of "effective" and "highly effective." Elaine Holmes said there would be about 15-20% "effective", and 50-55% "highly effective." Chair Gordon said the most common score is "highly effective." She said that very few people get "needs improvement" or "unsatisfactory" ratings. Commissioner Brown asked if someone would automatically be in the Meritorious Service Award category if they received an "exceptional" rating. Elaine Holmes explained that for the employee to receive the "exceptional" employment evaluation, the department head would have to make that recommendation to the Manager, and the Manager would have to approve it in advance. If that "exceptional" rating was received, then it would be accompanied by the Meritorious Service Award for Exceptional Performance. Commissioner Brown asked if the Meritorious Service Award excluded department heads. Elaine Holmes said the way the policy is written, the department heads would be included in the Meritorious Service Awards plan. Commissioner Carey asked what happens if an employee gets a "superior" rating. Elaine Holmes explained that additional achievements beyond a "proficient" performance rating would need to have prior approval from the County Manager. Commissioner Halkiotis asked if there are any instances where department heads do not get what someone under them get and Elaine Holmes said no. Commissioner Halkiotis would like to look at the compensation packages for OPC Mental Health, and the ABC system. He said even though they are not County Government employees, they are still very closely associated. He would like to see what benefits these groups receive. Commissioner Brown asked if the Personnel Department was anticipating that the Exceptional Award would go to 15-20% of the County's employees. Elaine Holmes said the budget was based on about 5-7% of employees being at the exceptional level. Commissioner Brown asked about the 401(k) plan and asked if this was supposed to be matching. She and Commissioner Halkiotis said that they remember that this was matching. John Link reminded them that they discussed the difficulty of certain levels of employees being able to provide matching funds. Elaine Holmes said that the plan was presented at the October 1998 work session as a match and the Board discussed the pros and cons. She remembers one of the cons discussed was the impact on the lower salaried employees. Chair Gordon said she remembers the Board deciding on a fixed amount for the 401(k) plan. John Link said that they would take the original proposal and come back with the same alternatives, speaking to what is allowed. Chair Gordon asked what information the Board wants on the 401(k) plan. Commissioner Halkiotis feels something needs to be done for the lower salaried employees. He wants to know who has plans out there. He would like to do more for the lower salaried employees than for those on the upper end. He would like to revisit this issue. John Link said that they would provide additional information on the 401(k) plan, giving all the possible options, and try to work within the budget for this item. Commissioner Jacobs asked if the staff would come back on this issue with the same pool of money, or will the appropriation need to be increased. John Link said they would begin with the amount that is in the plan at this time. Commissioner Halkiotis made reference to the October 1998 report on page 64 and the Survey of Area Governments. He noted that Alamance County, Durham County, and the Town of Hillsborough did not have a match for their 401(k) plans. Commissioner Brown said that she would like for the Board of County Commissioners to look annually at the living wage and see how it could be increased. She asked if next year the Board could look at a menu of benefits which gives a choice of benefits for the employees, such as a cafeteria plan. She also asked about the Equity Retention Fund, which is to be used to address employees not going through the advancement steps fast enough. John Link said there have been instances where employees have not moved up or have jumped ahead for whatever reason. Commissioner Brown asked if John Link could provide a report on how the Equity Retention Fund works. Chair Gordon said that the $25,000 appropriated for this would not go very far. Commissioner Halkiotis said that he thinks $25,000 is a good base amount for this fund. The Board agreed to leave the Equity Retention Fund at $25,000. Commissioner Jacobs suggested that when area employers are included, that OWASA's benefits be listed. He thinks they have a very generous plan, and he would like to see how Orange County's benefits compares to OWASA's. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to confirm the Employee Pay and Benefits components planned for 1999-2000 and implement the policy details, with exceptions as noted. VOTE: UNANIMOUS 2. 1999-2000 Proposed Board of Commissioners' Goals and Objectives The Board discussed the remainder of the proposed Goals and Objectives for 1999- 2000. Planning Director Craig Benedict said there are two categories, Long Range Planning and Current Planning. The Sustainability goal, which is now a goal, will remain in Long-Range Planning. There will be an objective under Sustainability that includes economic development. Also under Long Range Planning will be Shaping Orange County's Future and the Comprehensive Plan update. He said in the previous meeting, it was mentioned that there is a need to update the comprehensive plan. Within that update, maintaining the comprehensive transportation planning process will be covered. Another overarching area is Cooperative Planning Agreements. In this goal there is Hillsborough, Mebane, and then small area plans. Also under Long Range Planning is Analysis of Fiscal Impacts of Growth and Development and the Public School Impact Tax and/or Fee. He said those two items are more research oriented. He said that Rural Character Preservation was no longer under Long Range Planning and he feels that it might be time to take the Rural Character Preservation goals and put them into Current Planning. This would allow them to move forward with regulations to implement the goals instead of just having the study out there. The objectives within Rural Character Preservation are Farmland Preservation, Flexible Development Standards, and Visual Resource Protection. He said the Board needs to decide if these items should be under Long Range Planning or Current Planning. Chair Gordon said placing these goals under Current Planning was discussed at the last meeting and it was fine. Commissioner Jacobs said that at the retreat the Board agreed that, without specifically discussing the rural buffer, that they would review the findings of the Rural Character study and see how they applied. Craig Benedict said he would get copies of the changes to those who may be missing pages. He said that there were three things that were compiled to make the new goal, Farmland Preservation, Visual Resource Protection, and the Flexible Development Plan. Commissioner Brown asked if when Craig Benedict comes back with issues on TDR that he show the linkage. Commissioner Jacobs made reference to the transition areas and said that his understanding is that the Comprehensive Plan Update would be done after the completion of the work being done by the Shaping Orange County's Future committee. Craig Benedict said that was correct and that they were going to be doing some groundwork for the Comprehensive Plan Update. He said that the plan he has now is from 1981, and it generalizes transition areas, urban areas, and rural areas. There are some other more current plans that would give the Board more direction on what densities could go in those transition areas. Commissioner Jacobs said that it might make sense to identify the transition areas that the Board wants to target now as opposed to waiting longer. Craig Benedict said that he feels that there is some urgency to fix the plan and have everything conform to that plan so there is more direction. Chair Gordon feels that there are compelling reasons to do the parks in Orange County for which the Board has land use control, and that the rural buffer should be a separate case. She said that if the Board decided they wanted to do something later, that they could have it as a separate item. She thinks Shaping Orange County's Future should be kept separate before they go through the process of putting it through the joint planning mechanism. She said the citizens do not really want it to be changed. Commissioner Brown made reference to a subdivision that came in and where the developers were allowed to put the septic systems anywhere which essentially ruined the rural buffer. Chair Gordon said that this is a specific regulation. Commissioner Brown said that she would like to look at the possibility of having a backup site for a conventional septic system. Geoffrey Gledhill recommended that the County Commissioners ask that the Health Department look at that. The newer systems allow the size of the septic system to be reduced. Before the Board starts talking about what kind of septic systems to use in certain areas, they should talk with the Board of Health. Commissioner Jacobs feels that it is important to immediately go for the things that Orange County most readily controls. But he agrees with Chair Gordon that the rural buffer should be put out as Phase II. Craig Benedict summarized the Current Planning part of the goals and objectives as follows: Adequate Public Facilities, Rural Character Preservation, Telecommunication Towers, Transfer of Development Rights, Drainage and Storm Water Management, and Board training for the judicial process for the Board of Adjustment and the Planning Board. Chair Gordon said the board training did not have to be a goal and that the Planning Department could just implement it. Commissioner Brown said that she has talked with Mike Nelson, Mayor of Carrboro, and they plan to ask the Institute of Government to do annual training for the Planning Boards and Board of Adjustment. She would like to consider tying the training in with the appointment of the Board members. She would like for it to become a requirement that they take the training at least every two years. She feels it will upgrade the boards. She would like for this to be a goal. Chair Gordon said that if they provide this training the Board needs to go ahead and implement this process to train on the County's schedule. John Link said that they would either come back with a report or a goal on Board training. Commissioner Brown said that she is interested in having the agendas and minutes from the Board of Adjustment meetings. She would like to know what they are going to do in advance. She said they are working on things that she never hears about. Commissioner Jacobs said that he likes Craig Benedict's approach and the way he has reordered items. He made reference to the last meeting when they discussed the Orange County/Hillsborough Cooperative Planning Agreement, and the Board took out the word "Planning." He mentioned this to the Town Manager of Hillsborough who thought that it was very sharp of the Board to take out that word. He also would not have the update of the comprehensive plan wait until the conclusion of Shaping Orange County's Future. Chair Gordon asked for Craig Benedict to come up with a proposal of what he can do about these issues. Commissioner Brown would like for the Planning Department to review their policy for notifying neighbors of proposed development. Also, she wants to have a citizen's guide that shows what citizens can do at the various meetings such as public hearings, re-zonings, and Board of Adjustment. Commissioner Jacobs pointed out that this was in the goals and objectives under Communications. Commissioner Halkiotis put out a caution to Craig Benedict and asked if he had enough staff to address all of these issues. Craig Benedict said there would be a certain amount of retrenchment in working with his staff to make sure they are confident with their duties. Public School Impact Tax/Fee Commissioner Jacobs said differential impacts by housing types are not discussed. He said that there was an offer from someone to fund this study. John Link said that the staff felt it would be a better idea to define for the County Commissioners what the scope of study should be and then check with the other partners to see if they are willing to fund the studies. He said they would be coming back within the next month with what they think should be included in the study. Commissioner Halkiotis would like to see what Chatham County has as data on the differential impacts. John Link said he would put a timetable within this goal to bring back a recommendation to the Board on criteria. He said they would get the data from Chatham County to compare. Commissioner Brown has a problem with having a study funded by an outside group. Commissioner Carey feels the Board should proceed with a timeline and an alternative tax. He said they could always decide who is going to fund the study later. Chair Gordon said that if Orange County does not get the tax, then the Board will look at having a study done and set parameters. It would be a separate decision for who funds the study. She suggested letting the Planning Director set the timeline for this goal. Commissioner Jacobs suggested that this study be accomplished before the next budget session. Chair Gordon said it did not necessarily have to be completed by the next budget session. Craig Benedict mentioned that the High School Standards were approved last evening and will fit into the goal. Shaping Orange County's Future Commissioner Brown asked about the report presented two weeks ago that was a projection, and she assumes that they will come back with remedies, and John Link said yes. Small Area Plan for White Cross Commissioner Brown said that the comments she heard from the citizens in the White Cross area about doing a small area plan for White Cross expressed their concern that the purpose of this was to create areas for industry. Craig Benedict will meet with the Township Advisory Board and hear how they want the County to continue on this goal. Chair Gordon suggested deleting the small area plan for White Cross as a goal and put in as a project to resolve the regulation of five acres versus nine acres. Telecommunication Towers Commissioner Jacobs asked about the telecommunication towers and the criteria. Craig Benedict said his objective is to develop the grid and preserve the view sheds. Commissioner Brown asked if the facilities could be directed on public property and if so could the County get the income. Commissioner Halkiotis said that he understands that the County getting the income from the towers was part of the proposal. Transfer of Development Right (TDR) The County Commissioners said that if what they need is local legislation, they would like to ask for it during the next long session of the General Assembly. Transportation Planning Process Chair Gordon made reference to this goal and asked that it be reworked to include some of the elements of the previous goal. She specifically noted objective 5 in which environmentally responsible transportation planning is emphasized. She said there were too many particulars that did not need to be put in the goal. Commissioner Jacobs would like to add a goal for the Board to identify areas of desirable expansion of the County's authority in transportation planning and operation. He would like to see the Board look at where they might want to go to get some authority in transportation planning. Commissioner Brown asked Geoffrey Gledhill why the County did not have private transportation companies. Geoffrey Gledhill said because there is no money in it. He said it was like the van service. Craig Benedict will incorporate the goal for Expansion of County Authority and Transportation Planning and Operation. He will also add the part about Triangle Transit Authority (TTA) and try to get more money and an appropriate level of support for public transit to Orange County. Commissioner Brown asked about the possibility of getting a grant to purchase some electric vehicles. Chair Gordon said that the Commission for the Environment was also interested in a grant for electric vehicles. Joint Master Recreation and Parks Plan Chair Gordon asked about the Capital Facilities Council and if it included the Schools and Land Use Councils. John Link talked about a countywide recreation and parks group comprised of elected officials and managers of the towns where they would all bring their capital improvement plans to the table and talk about certain specific issues with recreation and parks. Commissioner Halkiotis said that the group of people should represent every facet of life in the County and not just schools. He feels the Board needs to be very broad minded in representation issues of the County. John Link said that he made the observation through the Recreation and Parks Task Force that they need to be aware of the Schools and Land Use Councils. He also made the same observation with the Schools and Land Use Councils, that they need to be aware of the Recreation and Parks Task Force. Commissioner Carey said that the Board either needs to continue with the goals or go into closed session at this time. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to go into closed session "to discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property", NCGS 143-318.11(a)(5). VOTE: UNANIMOUS ADJOURNMENT With no further items for the Board to consider, Chair Gordon adjourned the meeting. The next meeting will be held on April 26 at 7:30 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. Alice M. Gordon, Chair Beverly A. Blythe, Clerk