HomeMy WebLinkAboutAgenda - 04-19-2016 - 6-a - Minutes ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 19, 2016
Action Agenda
Item No. 6-a
SUBJECT: MINUTES
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes Donna Baker, Clerk to the Board
(919) 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
March 22, 2016 BOCC Regular Meeting
March 29, 2016 BOCC Work Session
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
1 Attachment 1
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 March 22, 2016
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday, March 22,
10 2016 at 7:00 p.m. at the Southern Human Services Building, in Chapel Hill, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia Burroughs,
13 Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
18 appropriately below)
19
20 Chair McKee called the meeting to order at 7:06 p.m., and asked for a moment of
21 silence for the people in Belgium.
22
23 1. Additions or Changes to the Agenda
24
25 - Yellow sheet - Proposed Addition to the Agenda, Item 4a: Orange County Resolution in
26 Support of the City of Charlotte Non-Discrimination Policy
27 - White sheet - copy of City of Charlotte's amended ordinance
28 - Planning Department's Monthly report
29 - Chapel Hill-Carrboro City Schools (CHCCS) CIP Newsletter
30
31 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to
32 approve adding Item 4a to the agenda.
33
34 Chair McKee said he would not be able to vote in favor of adding this item, due to the
35 issue of transparency. He said the people of Orange County did not know this agenda item
36 was going to be added, and the topic is a divisive one, sparking strong emotions.
37
38 VOTE: Ayes, 6; Nays, 1 (Chair McKee)
39
40 - Additional Closed Session Item- Personnel: To Be Added
41
42 A motion was made by Commissioner Rich seconded by Commissioner Pelissier to add
43 an additional item to the closed session for the purpose of:
44
45 "To consider the qualifications, competence, performance, character, fitness, conditions of
46 appointment, or conditions of initial employment of an individual public officer or employee or
47 prospective public officer or employee" NCGS § 143-318.11(a) (6).
48
49 VOTE: UNANIMOUS
50
2
1 PUBLIC CHARGE
2
3 Chair McKee dispensed with the reading of the public charge.
4
5 2. Public Comments
6
7 a. Matters not on the Printed Agenda
8 NONE
9
10 b. Matters on the Printed Agenda
11 (These matters will be considered when the Board addresses that item on the agenda
12 below.)
13
14 3. Petitions by Board Members
15 Commissioner Jacobs petitioned the Board of County Commissioners (BOCC) to
16 receive a presentation on lake allocation but especially Jordan Lake allocations, as it pertains to
17 Raleigh and Wake County.
18 Commissioner Pelissier petitioned the creation of a work group of elected officials, with
19 two representatives from each of the elected bodies in Orange County, to discuss affordable
20 housing.
21 Commissioner Dorosin had no petitions.
22 Commissioner Burroughs asked the BOCC to consider moving consent items to the
23 beginning of the agenda so that department heads do not have to remain the duration of
24 meetings waiting to see if their consent item will be pulled or not.
25 Commissioner Price said there has been a serious issue in the Fairview neighborhood
26 on housing and asked if the County could address this issue.
27 Commissioner Price said Dr. Ponder recently resigned from the Durham Tech Board of
28 Trustees and this item should be brought forth soon to appoint someone else.
29 Donna Baker said there are currently 12 applicants from the last process and her office
30 is contacting each to see if they are still interested in being on the applicant interest list for this
31 Board. She said re-advertising is also possible.
32 Commissioner Dorosin said to re-open the advertising process.
33 Commissioner Price said she would like to use the list of existing applicants.
34 Commissioner Dorosin said he would like to open up the advertising again.
35
36 A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to re-
37 open the advertisement process.
38
39 VOTE: UNANIMOUS
40
41 Commissioner Rich said she agreed with Commissioner Pelissier about a work group of
42 elected officials to discuss affordable housing.
43 Commissioner Rich petitioned the Board to recognize April as Sexual Assault
44 Awareness month.
45 Commissioner Rich asked if the Office of Public Transportation (OPT) could look at how
46 the 1,000 newly approved housing units in Hillsborough will affect transportation.
47 Commissioner Rich said there were no recycling bins at the early voting sites during this
48 primary.
49 Commissioner Rich said she would like to challenge the Arts Commission to come up
50 with a creative way to solicit applicants for grants.
3
1 Commissioner Rich said she is on the Strategic Communication Implementation Group,
2 and she wondered how to bring this discussion forward to the Board of County Commissioners
3 for updates. She asked if either a presentation or report may be appropriate.
4 Chair McKee said this and the recycling issues are administrative in nature, and can be
5 addressed by the manager and staff.
6 Commissioner Jacobs asked if there were signs up at early voting about the bond
7 referendum.
8 Commissioner Rich said yes.
9 Commissioner Jacobs said since the County is responsible for the bond it should be
10 proactive about taking the signs down.
11 Chair McKee said that for the last four years he has asked for Solid Waste to accept
12 mattresses at the convenience centers and he petitioned that Solid Waste do this, free of
13 charge, at the Walnut Grove and Eubanks Road centers, to be implemented by July 1, 2016.
14 Commissioner Jacobs agreed. He said the Habitat Store does take mattresses and he
15 would like for a Habitat representative to speak at the next Solid Waste Advisory Group
16 (SWAG) meeting.
17
18 4. Proclamations/ Resolutions/ Special Presentations
19
20 a. Orange County Resolution in Support of the City of Charlotte Non-Discrimination
21 Policy
22 Commissioner Jacobs and Commissioner Dorosin created this resolution.
23 Commissioner Jacobs said this resolution was kept as close to what already existed and
24 he read the resolution:
25
26 ORANGE COUNTY BOARD OF COMMISSIONERS
27
28 RESOLUTION IN SUPPORT OF THE CITY OF CHARLOTTE NON-DISCRIMINATION
29 POLICY
30
31 WHEREAS, the Charlotte City Council, on February 21, 2016, approved amendments to the
32 city's Non-Discrimination Ordinance; and,
33
34 WHEREAS, the Council added marital and familial status, sexual orientation, gender
35 expression and gender identity to the list of protected characteristics in the existing
36 Non-Discrimination Ordinance; and,
37
38 WHEREAS, the Orange County Code of Ordinances currently prohibits discrimination based on
39 race, color, religion, sex, national origin, age, disability, familial status, and veteran
40 status; and,
41
42 WHEREAS, Orange County supports a community where all people are treated fairly, valued
43 and accepted; and,
44
45 WHEREAS, Orange County stands with those who struggle against social injustice; and,
46
47 WHEREAS, Orange County supports the right of local governments to articulate their own
48 community values of inclusion without interference or suppression by the General
49 Assembly;
50
4
1 NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does
2 hereby support the Non-Discrimination Policy implemented by the
3 Charlotte City Council and joins them in striving for social justice for all.
4
5 This the 22nd day of March 2016.
6
7 Commissioner Price asked if this resolution simply states that the BOCC is in support of
8 Charlotte.
9 Commissioner Jacobs said yes.
10 Commissioner Rich said she understood that if Charlotte proceeds with litigation,
11 Orange County would join them.
12 Commissioner Dorosin said that is a separate petition and depending on what happens,
13 such a petition may be brought forward.
14 Commissioner Dorosin referred to Commissioner Price's point, saying he had previously
15 asked about adding transgender discrimination to the Orange County ordinance, and that
16 County Attorney John Roberts had said such an addition was unnecessary as the ordinance
17 already covered such discrimination.
18 Commissioner Dorosin asked if he is remembering this correctly.
19 John Roberts said for a number of years Orange County's enforcement officers have
20 treated transgender issues as part of the sexual orientation language in the Orange County
21 ordinance. He said the current ordinance offers protection to Orange County citizens in this
22 matter without adding additional language.
23 Commissioner Dorosin suggested that the Board consider some type of public
24 statement that the Orange County ordinance, as written, does protect transgendered people
25 and all that may face discrimination because of sexual orientation.
26 Commissioner Jacobs asked if there is a group that the County has tried to add as
27 protected but failed to do so as the State would strike it down.
28 John Roberts said that language has been modified by the legislature and it will be seen
29 in their legislative agenda packet in April. He said the General Assembly is being asked to pass
30 legislation that will protect all.
31 Greg Wilder, County Manager's Office, said the current language, that is included in the
32 legislatives issues work group, relates to gender identity and sexual orientation. He said the
33 language is based on the prior attorney's interpretation and John Roberts said now that this
34 covers it all.
35 John Roberts said he takes a broader view of the definition of sex and gender and
36 allows enforcement officers to protect all the citizens of Orange County.
37 Chair McKee said if this resolution was to oppose the legislature interfering in local
38 affairs, then he could support it. He said this resolution seems to indicate an alignment with, or
39 a following suit of, Charlotte. He said Charlotte is not unified on its ordinance and this
40 ordinance does much more than just dictate who can use which bathroom. He said it
41 specifically takes out "showers, bath houses, YMCAs and YWCAs" and could mean camps,
42 dormitory-lodging facilities. He said he has some issues with Charlotte's ordinance.
43 Chair McKee referred to Section 12-58 of the Charlotte ordinance, which included
44 prohibited acts. He said this section violates this first amendment. He said the resolution is
45 well written and he thanked Commissioners Jacobs and Dorosin for their work. He said the
46 resolution states Orange County values but due to the resolution header stating support of the
47 Charlotte ordinance, he will not be able to support the resolution.
48 Commissioner Dorosin said he appreciated Chair McKee's opposition but said the
49 ordinance is referring to signs that say gays are not allowed, for example, and he wished that
50 the Board could pass an ordinance like Charlotte. He respectfully disagreed with Chair McKee.
5
1 Chair McKee said he accepted Commissioner Dorosin's disagreement and agreed with
2 him about the example given. He said the ordinance crosses the line by stating that nothing
3 can be printed, circulated, mailed, etc., and affects private communications between individuals.
4 Commissioner Price said if she is reading the ordinance correctly it means that you
5 cannot prohibit someone's usage of public accommodations.
6 Chair McKee said he reads a literal interpretation of the ordinance.
7 Commissioner Burroughs asked Commissioner Dorosin if the ordinance contains
8 standard public accommodation language that came into being in the 1960s with the Civil
9 Rights Act.
10 Commissioner Dorosin said it is public accommodation language. He said the
11 ordinance specifically talks about signs, mailings, and publications that one should be denied
12 accommodations in a place of public accommodation.
13
14 A motion was made by Commissioner Jacobs, seconded by Commissioner Dorosin to
15 adopt the Orange County Resolution in Support of the City of Charlotte Non-Discrimination
16 Policy.
17
18 VOTE: Ayes, 6; Nays, 1 (Chair McKee)
19
20 Commissioner Dorosin said the legislature is going into special session tomorrow about
21 this issue and he believed it will restrict local governments even more.
22 Commissioner Rich said the bill had not been dropped as of this afternoon.
23
24 5. Public Hearings
25
26 a. Public Hearing on the Financing of Various Capital Investment Plan Projects
27 The Board conducted a public hearing on the issuance of approximately $8,150,000 to
28 finance capital investment projects and equipment for the fiscal year as approved in the 2015-
29 2016 Capital Investment Plan; and to approve a related resolution supporting the County's
30 application to the Local Government Commission (LGC) for its approval of the financing
31 arrangements.
32 Gary Donaldson, Orange County Chief Financial Officer, said the purpose of this
33 evening is to conduct a public hearing on the issuance of approximately $8,150,000 to finance
34 capital investment projects, and equipment for the fiscal year as approved in the 2015- 2016
35 Capital Investment Plan; and to approve a related resolution supporting the County's application
36 to the Local Government Commission (LGC) for its approval of the financing arrangements.
37
38 BACKGROUND:
39 County staff estimates that the total amount to be financed for capital investment projects and
40 equipment will be approximately $8,150,000. The financing will include amounts to pay
41 transaction costs.
42
43 The statutes require that the County conduct a public hearing on the proposed financing. A
44 copy of the published notice of this hearing is provided in their agenda packet.
45
46 After conducting the public hearing and receiving public input, the Board will consider the
47 adoption of the resolution (Attachment 2). This resolution formally requests the required
48 approval from the North Carolina Local Government Commission (LGC) for the County's
49 financing, and makes certain findings of fact as required under the LGC's guidelines. County
6
1 staff has been in contact with the LGC staff, and staff expects no issues to receiving LGC
2 approval.
3
4 If the Board adopts the resolution indicating its intent to continue with the financing plan, the
5 Board will be asked to consider a resolution giving final approval to the financing plans at its
6 April 19, 2016 meeting.
7
8 The general schedule for this process is as follows:
9 • BOCC conducts public hearing and adopts resolution in support of financing and LGC
10 approval — March 22
11 • County staff reviews financing proposals from lenders and develops recommendation
12 for Board approval — by end of March
13 • County Board adopts resolution formally approving financing provider and the
14 substantially-final financing documents —April 19
15 • LGC approves financing — May 3
16 • Closing on the financing —funds advanced to County— by mid-May
17
18 The County's financing is proceeding as an installment financing under the authority of the
19 North Carolina General Statutes. Under the statutes, an installment financing has to be secured
20 by a lien on part or all of the property being acquired or improved through the financing. County
21 staff recommended that the County use Grady Brown Elementary School as the collateral.
22 Grady Brown is receiving two new roofs through the financing package. For the County to
23 provide a lien on this school, the County must own the school.
24
25 The Orange County Board of Education has approved the use of the school as collateral and
26 the related transfer of that property to the County (the financing documents will provide for the
27 return of the school upon the County's repayment of the financing). This is similar to
28 arrangements the County has used previously, most recently with respect to financings related
29 to the Orange County Schools District's Gravelly Hill Middle School and with Culbreth Middle
30 School in Chapel Hill Carrboro City Schools. Ownership of Grady Brown will revert back to
31 Orange County Schools upon final payment of the installment financing.
32
33 Gary Donaldson reviewed all items on the financing list.
34 Chair McKee asked if Gary Donaldson would expand on the issue of using Grady Brown
35 Elementary School as collateral.
36 Gary Donaldson did so.
37 Commissioner Jacobs said the school system still owns Cedar Ridge, and said he
38 understood the County to be the only one that is exempt from paying sales tax. He asked if this
39 is so, perhaps ownership of Cedar Ridge should be transferred to the County to avoid sales tax
40 being paid on these construction projects.
41 Commissioner Jacobs said to review this going forward.
42 Commissioner Price asked if it was known how long the County would own Grady
43 Brown.
44 Gary Donaldson said 20 years, and after the financing is completed it will revert back to
45 the Orange County Schools (OCS) system.
46 Commissioner Rich referred to the Rogers Road easement acquisition project and
47 asked if costs are going to be shared with their partners.
48 Bonnie Hammersley said the County has agreed to be the fiduciary and will borrow all of
49 the funds and then invoice the partners.
50
7
1 FINANCIAL IMPACT:
2 There is no financial impact related to this action. However, there will be a financial impact in
3 proceeding with the financing. A preliminary estimate of maximum debt service applicable to
4 the capital investment projects and equipment financing would require the highest debt service
5 payment of $871,454 in FY 2016-17. The tax rate equivalent for the estimated highest debt
6 service payment is approximately 1/2 cent. Based on current resources and the retirement of
7 existing debt, no adjustment to the tax rate associated with this financing is anticipated to occur
8 during the period noted.
9
10 A motion was made by Commissioner Price, seconded by Commissioner Rich to close
11 the public hearing.
12
13 VOTE: UNANIMOUS
14
15 A motion was made by Commissioner Jacobs, subject to further information about
16 saving sales tax on the school projects, seconded by Commissioner Pelissier to adopt the
17 resolution supporting the application to the Local Government Commission for approval of the
18 financing and refinancing arrangements.
19
20 VOTE: UNANIMOUS
21
22 6. Consent Agenda
23 • Removal of Any Items from Consent Agenda
24 None
25
26 • Approval of Remaining Consent Agenda
27
28 A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to
29 approve the remaining items on the Consent Agenda.
30
31 VOTE: UNANIMOUS
32
33 • Discussion and Approval of the Items Removed from the Consent Agenda
34
35 a. Minutes
36 The Board approved the minutes from February 16, 18 and 25, 2016 as submitted by the Clerk
37 to the Board.
38 b. Fiscal Year 2015-16 Budget Amendment#7
39 The Board approved budget ordinance amendments for fiscal year 2015-16 for Department of
40 Social Services; Department of Library Services; Department on Aging; County Manager's
41 Office; and a technical amendment.
42 c. Fire Department Relief Fund Appointees
43 The Board approved the appointment of trustees to the local fire department relief funds boards
44 as recommended by the local fire department chiefs.
45 d. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline
46 and Schedule for the May 2016 Quarterly Public Hearing
47 The Board approved process components and schedule for an upcoming government-initiated
48 Comprehensive Plan and Unified Development Ordinance (UDO) amendments for the May 23,
49 2016 Quarterly Public Hearing regarding the 0/I (Office/Institutional) Zoning District.
50 e. Notice of Public Hearing on Orange County's 2016 Legislative Agenda
8
1 The Board provided notice of the Board of County Commissioners' plans to hold a public
2 hearing on April 5, 2016 on potential items for inclusion in Orange County's legislative agenda
3 package for the 2016 North Carolina General Assembly Session.
4 f. RFP Award —Audit Services
5 The Board awarded Request for Proposals (RFP) #5215 to Mauldin & Jenkins to conduct
6 auditing services for Orange County in the amount of$76,000 (first year); and authorize the
7 Manager to sign the contract on behalf of the BOCC pending staff and attorney review.
8 g. Amendment to the Orange County Code of Ordinances —Adoption of the Appendices
9 to the North Carolina Fire Prevention Code
10 The Board amended the Orange County Code of Ordinances related to Emergency Services
11 and Fire Protection by adopting the appendices to the North Carolina Fire Prevention Code and
12 authorized the Chair to sign.
13
14 7. Regular Agenda
15
16 a. Consideration of a Third Party Analysis to Prioritize School Capital Projects
17 The Board considered authorizing staff to proceed with the solicitation of a consultant to
18 conduct a comparative analysis of school facility needs and to prioritize those needs based on
19 standard criteria.
20 Travis Myren reviewed the following information:
21
22 BACKGROUND: During the September 29, 2015 joint meeting of the Board of County
23 Commissioners, the Chapel Hill-Carrboro Board of Education, and the Orange County Board of
24 Education, the Boards discussed the possibility of the County engaging a third party consultant
25 to compare and prioritize the capital needs of both districts. Since that time, no final decision
26 has been made by the Board of Commissioners about whether to proceed with this type of
27 analysis.
28
29 During the joint meeting, staff from each of the school districts presented facility improvement
30 needs. These needs were based on comprehensive facility assessments conducted by
31 architectural firms. The assessments focused on repairs, renovations, and upgrades of existing
32 school facilities. The Chapel Hill-Carrboro analysis included the District's ten oldest schools
33 while the Orange County Schools analysis studied all of the District's facilities. The combined
34 cost of the recommended improvements totaled approximately $330 million.
35
36 Since the total cost of the recommendations exceeds the amount of funding contemplated by
37 the bond referendum for school facility improvements, the Boards discussed whether the
38 County should hire a third party consultant to prioritize projects. The consultant would review
39 the facility assessments prepared on behalf of each of the school districts and would apply a set
40 of standard criteria to rank and prioritize those projects. The criteria would include life, health,
41 and safety needs, security needs, sequencing based on operational needs, and structural and
42 mechanical needs. This process would establish an empirical element to the consideration of
43 capital projects and may help inform the Board of Commissioners' deliberations on how to apply
44 the proceeds of a bond referendum and other Capital Budget and Capital Investment Plan
45 funds.
46
47 Commissioner Price asked if the two school systems have hired consultants to do
48 analyses, then why is the County suggesting doing this now.
49 Chair McKee said Commissioner Jacobs asked to put this on the agenda.
9
1 Commissioner Jacobs said there are certain criteria that cut across both sets of
2 recommendations that may or may not produce the same priority list. He added that since the
3 Board would be approving $120 million, such an analysis would allow the Board more comfort
4 with what was being recommended, and that it met the criteria that the Board deems important:
5 physical safety of the students, the health and safety in the buildings, the capacity of the
6 buildings, and the technological and other deficiencies in the buildings.
7 Commissioner Jacobs said these variables could be compared on a grid and see which
8 items came out the highest. He said if this analysis is not done then the Board of County
9 Commissioners has not vetted anything.
10 Commissioner Price asked if the BOCC could do the vetting or does Commissioner
11 Jacobs feel a third party is necessary.
12 Commissioner Jacobs said he thought it would be helpful to have someone guide the
13 Board through this process and he wanted to take a fresh look. He said it never hurts to
14 challenge one's assumptions.
15 Commissioner Price said no problems have been found with what the schools have
16 presented.
17 Commissioner Rich asked if there is an established vetting process.
18 Chair McKee said currently there is none except to follow what the schools have
19 submitted.
20
21 PUBLIC COMMENT:
22 CHCCS Board Chair James Barrett said as the Board considers this item he wanted to
23 make sure it has a clear view of what has already been done, and what is currently being
24 worked on. He reviewed a handout that was provided to the Board which gave an overview and
25 justification of the priorities. He said he is always willing to speak to any of the commissioners.
26 James Barrett referred to the centralized Pre-K program at the Lincoln Center, noting it
27 will add capacity at the existing schools. He said it is the cornerstone of addressing capacity
28 issues, as renovation is not possible at the elementary schools. He said this project would
29 provide several other enhancements to the district and the community at large. He said adding
30 a consultant does not enhance this process. He expressed appreciation for the BOCC's
31 commitment to the schools via the bond, and asked that a consultant not muddy the process.
32 OCS Board Chair Donna Coffey said she is here to speak on behalf of their board. She
33 said three years ago, OCS spent over $253,000 of pay-as-you-go capital money in
34 comprehensive, all-inclusive, safety and condition studies for all facilities. She said CHCCS
35 embarked on similar studies. She said the results showed excessive facility needs, at the cost
36 of $160 million. She said their board has spent countless hours reviewing their consultant's
37 information, knowing bond funds would not be able to address all needs. She said the priorities
38 identified are: safety; replacement of failing mechanical equipment; additional seats to
39 accommodate the growing high school population; updating food service facilities and
40 equipment; and replacement of the 50-year old transportation facilities.
41 Donna Coffey also discouraged the use of a third party consultant. She said both
42 school boards have done due diligence in putting forth credible, priority projects that fall within
43 the limits given.
44 Chair McKee said the comments from the Board chairs are greatly appreciated.
45 Commissioner Dorosin referred to the CHCCS hand out, noting the first item is
46 Glenwood Elementary. He asked if this project is being funded already from the CHCCS fund
47 balance.
48 Todd LoFrese said yes.
49 Commissioner Dorosin said the handout states that this project is listed as not meeting
50 "OC standards" upon completion. He asked if there could be further clarification on this point.
10
1 Todd LoFrese said Glenwood is a school that the architects and engineers determined
2 needs to be replaced rather than renovated for various reasons, which he reiterated. He said
3 the solution for now is to create a secure vestibule in the front of building, provide support
4 spaces for teachers, insure all bathrooms are ADA accessible, and to keep it running for 10 to
5 15 years while other projects are addressed and other factors unfold.
6 Commissioner Dorosin asked if the column marked "capacity" referred to increase.
7 Todd LoFrese said yes.
8 Commissioner Pelissier said regardless of what the BOCC thinks generally, she does
9 not find it practical to have a consultant due to time constraints. She said it is way too late to
10 consider, and she would not consider it either way.
11 Commissioner Pelissier said recent SAPFO numbers show some student population
12 decreases, which may be temporary and may not. She asked if there is a way to have some
13 projects but not necessarily do them if capacity decreases. She asked if there is a way to be
14 flexible with some of these priority projects.
15 Todd LoFrese said the student population decrease is viewed more as a "breather", and
16 there is an entire school's worth of modular units throughout their district. He said these should
17 not be relied on long term to address capacity. He said these modular units will all need
18 upgrades and renovation, which CHCCS deems as a drain on resources.
19 Commissioner Jacobs asked if the number of modules in phase 3 is known.
20 Todd LoFrese said about 25, and the rest would be in phase 2. He said many of the
21 modules are used for Pre-K classes, and if those classes are relocated to the Lincoln Center,
22 then the modules can be used as swing space while addressing other projects.
23 Commissioner Burroughs said hiring a consultant at this point is not feasible from a time
24 standpoint and would be a waste of funds. She said both districts have discussed this issue for
25 three years and not just the current boards but past boards too.
26 Commissioner Burroughs said their school boards do not serve at the pleasure of the
27 BOCC but are elected by the same voters who vote for the Commissioners. She said some
28 work has already begun and an additional consultant would be a duplicative process. She
29 discouraged the BOCC from voting for this.
30 Commissioner Rich said she could go either way on this item and she has talked with
31 citizens about this over the last 10 weeks, while she was campaigning. She said she still has
32 some concerns with how projects are being considered. She said she gets hung up on Chapel
33 Hill High which is projected to cost $52 million. She said it is difficult for her to go to tax payers
34 and tell them how much projects cost, especially for one building. She values a second opinion
35 but does not think she needs a consultant to tell her what she already knows. She said
36 taxpayers are concerned about how the Board of County Commissioners is spending money.
37 She said she is 100% behind the bond but she wants to be responsible and good stewards of
38 the citizens' money.
39 Commissioner Price agreed with Commissioner Burroughs, saying if a consultant was to
40 be used, it should have come first, not at the end of the process.
41 Commissioner Pelissier said the BOCC does not have a full understanding about these
42 priority projects and the joint meeting in April will allow the BOCC to dig a little deeper with the
43 school boards.
44 Commissioner Rich agreed with this but she wonders at what point are the final
45 decisions made on these projects. She asked if the need is to build a Cadillac or can a
46 Chevrolet suffice.
47 Commissioner Rich gave an example of the Eubanks Solid Waste Center which came in
48 over budget. She said the Towns questioned the amount and the County did call in a
49 consultant to review, which saved a lot of money, and no one was offended.
11
1 Commissioner Burroughs said there are construction standards negotiated between the
2 Districts and the County. She said it may be time to review these standards but that should be
3 done separately from, or concurrent to, this bond process.
4 Commissioner Pelissier said the priorities are different from questioning the costs.
5 Commissioner Dorosin said there is a bigger issue that this conversation has revealed,
6 which is the nature of communication between the Board of County Commissioners and the
7 school boards. He said there is a sense from the school boards that the County does not trust
8 them, and a sense that the County questions why the schools boards should always be trusted.
9 He said there is history there but this current Board of County Commissioners is starting to
10 understand that the issues, on which everyone is focused, are interrelated.
11 Commissioner Dorosin said both school boards kept the Board of County
12 Commissioners informed, but BOCC feedback was not necessarily desired. He said everyone
13 must work together in sync. He said this bond is only going to fund a piece of all the schools'
14 needs and they all have a different set of ideals as to how this process should go forward. He
15 said, moving forward, there should be a real commitment to have dialogue about these
16 projects.
17 Commissioner Dorosin disagreed with Commissioner Pelissier, and said the goal of
18 capacity should not be scaled back.
19 Commissioner Jacobs said the school construction standards tried to address a wide
20 variety of issues.
21 Commissioner Jacobs said he had been saying all along that he would like to challenge
22 assumptions. He said the centralized Pre-K program is a major leap, and the BOCC has not
23 fully discussed it. He said CHCCS School Board member Margaret Samuels is an expert in this
24 area, and is a valuable resource. He said a conversation about cost versus capacity versus
25 safety needs to occur, and he is not sure why the safety issues in phase 3 are not in phase 1.
26 He said the Board of Commissioners has not had this conversation.
27 Commissioner Jacobs said the Board has a work session on April 12th and he
28 suggested inviting the facilities staff to attend. He said this conversation would occur prior to
29 the joint meeting with the schools at the end of April. He said he was disappointed in the
30 consultant proposal since it would not come to the BOCC until after it adjourned for the summer
31 break.
32 Commissioner Jacobs said he would be glad to have conversations with school staff or
33 board members about this since $120 million is going to be spent, and he wants to feel
34 comfortable about his fiduciary responsibilities.
35 Commissioner Rich said she liked some of Commissioner Jacob's suggestions.
36 Commissioner Rich referred to the issue of communication and said she is trying to
37 meet with a school board, or administration, member monthly. She said the schools use scare
38 tactics with parents, and conversations need to occur before the school boards send out panic
39 emails during the budget seasons. She said most of this information is incorrect and she would
40 like to change this process. She said everyone should be a partner in this process. She
41 encouraged the schools and the BOCC to be open to being questioned without being
42 defensive.
43 Commissioner Burroughs encouraged Commissioner Rich's practice of one-on-one
44 meetings with school related personnel. She referred to safety issues, saying the County has
45 two school districts, which reflect two different cultures around safety and School Resource
46 Officers. She said she agreed about having further discussion in a work session.
47 Commissioner Pelissier agreed with the work session suggestion. She said this is a
48 communication challenge not a communication problem, and the bond issue is a whole new
49 phenomenon with which neither the Board of County Commissioners nor the school boards
50 have experience.
12
1 Chair McKee asked John Roberts if this will this be the last opportunity to discuss these
2 projects.
3 John Roberts said no. He said bond topics are open for discussion.
4 Chair McKee asked if discussion about specific projects would be possible.
5 John Roberts said yes.
6 Chair McKee said he does not support an additional consultant as it will only create
7 angst, and there will be plenty of opportunities to discuss these projects going forward.
8
9 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to set
10 aside this item, and to use two upcoming BOCC meetings, one with facilities staff and one with
11 the joint boards, to discuss these projects in more detail, and not to hire a consultant.
12
13 VOTE: UNANIMOUS
14
15 b. Introduction of Bond Orders and Scheduling of Bond Order Public Hearing in
16 Preparation for Planned November 2016 Bond Referendum
17 The Board considered:
18 1) Introducing two bond orders which state the Board of County Commissioners
19 proposal to issue General Obligation Bonds to pay capital costs for providing school facilities
20 and for housing for persons with low and moderate income.
21 • The first bond order introduction authorizes the issuance of General Obligation Bonds in
22 an amount not to exceed $120 million to support school facilities.
23 • The second bond order introduction authorizes issuance of General Obligation Bonds in
24 an amount not to exceed $5 million for housing for persons with low and moderate
25 income.
26 2) Adopting a resolution authorizing a public hearing on each bond order for April 19,
27 2016 at 7pm at the County's Southern Human Services Center, 2501 Homestead Road, Chapel
28 Hill, NC.
29
30 BACKGROUND:
31 The Board of County Commissioners adopted a resolution on October 6, 2015 for the County to
32 issue up to $120 million for Schools and up to $5 million for Affordable Housing. The Board
33 made a determination to proceed with a referendum on November 8, 2016 seeking voter
34 approval/authorization to issue County General Obligation Bonds in an amount not to exceed
35 $125 million.
36
37 The next steps in the bond authorization process will be for the Board to hold a public hearing.
38
39 The public hearing is currently scheduled for the April 19 Board meeting. Following the public
40 hearing the Board will be asked to take final action to approve the Bond Orders, and then
41 consider a resolution formally calling for the November bond referendum and approving the
42 ballot questions. It should be noted that the Board established the maximum amounts of each
43 bond order by resolution on October 6, 2015, and the Board cannot consider increasing the
44 amounts of the bond orders as part of this process/action or as part of the proposed April 19th
45 public hearing.
46
47 FINANCIAL IMPACT: There is no financial impact related to this action. However, there will be
48 a financial impact if the referendum is approved. The tax rate equivalent for the estimated
49 highest debt service payment is expected to range from 3.70 cents up to 5.83 cents per$100 of
13
1 assessed valuation. The projected debt service conforms to the County's debt policies and debt
2 affordability analysis, which was completed by the County's financial advisors.
3
4 Bob Jessup, Bond Attorney, said he is here for the next set of formal steps for the bond.
5 He said there will be two other occasions when he will come to the Board but tonight they are
6 here to introduce the bond orders.
7 Bob Jessup said statute requires that there be a first reading on the bond orders
8 followed by a public hearing.
9 Chair McKee asked if there could be clarification regarding the necessary motions.
10 Bob Jessup said there must be a motion to introduce the two bond orders as presented,
11 followed in the same motion, or a separate one, to adopt the resolution calling for the public
12 hearing.
13 Commissioner Price asked if typically two meetings are held: one in the southern part of
14 the County and one in the northern part.
15 Bob Jessup said legally one public hearing must occur, but two can occur; and it is at
16 the Board's discretion. He said the tasks scheduled for the next meeting must be completed by
17 the time the Board breaks for the summer.
18 Donna Baker said the first meeting will take place on April 19th
19 Commissioner Price said she would like to have a meeting at each end of the County
20 with the one in the northern end on May 5th
21 Bob Jessup said yes and to note this as such in notices.
22 Commissioner Rich asked if the purpose this evening is to authorize the initiation of the
23 bond financing.
24 Bob Jessup said there will be no discussion of specific projects just the financial totals
25 and their major assignment. He said specifics will come in two ways:
26 • a list of projects for which the funds are needed
27 • at the time of borrowing, after the referendum has passed, specific amounts will be
28 allocated to specific projects as previously determined between the BOCC and the
29 school boards, affordable housing partners, etc.
30 Chair McKee said the following agenda item discusses a committee that will look at
31 these specifics.
32 Commissioner Rich asked if one committee will look at both school and affordable
33 housing priorities.
34 Chair McKee said that is open for discussion.
35 Commissioner Jacobs said as a word of caution, the Board may want to vary from what
36 was put in the bond sales package, and that should be discussed in consultation with schools
37 and affordable housing stakeholders. He said voters can understand that specific priorities may
38 need to shift position within the list of the priorities.
39
40 A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to
41 introduce the two bond orders as presented and to approve the resolution setting the public
42 hearing on the bond orders for April 19, 2016 with the inclusion of a May 5th public hearing.
43
44 VOTE: UNANIMOUS
45
46 c. Proposed Establishment of Bond Education Committee Including Structure and
47 Charge
48 The Board considered establishing a Bond Education Committee that will develop and
49 assist in disseminating information to voters concerning the November 8, 2016 bond
14
1 referendum and consider a proposed charge to, and structure of, that Bond Education
2 Committee.
3 Commissioner Rich asked if there is a plan for how affordable housing will be discussed.
4 Chair McKee said he understood her concern, but asked if there are two separate
5 committees how will they be coordinated.
6 Commissioner Rich said perhaps two committees are not needed, but she wanted to
7 make sure that affordable housing does not get drowned out.
8 Commissioner Burroughs said there are a disproportionate number of housing
9 representatives on the committee, as related to the amount of funding, which she deems
10 acceptable as the community knows less about affordable housing. She said she believes that
11 one committee can focus on both topics.
12 Commissioner Rich asked if the chair of this committee is known.
13 Chair McKee said the BOCC will need to decide this.
14 Commissioner Pelissier said this is an education committee, not one for prioritizing the
15 projects. She said the Board of Commissioners will determine the priorities and this committee
16 will then create a plan for public education.
17 Commissioner Price said she would favor one committee.
18 Commissioner Jacobs said the BOCC passed a resolution in the spring and these
19 conversations need to be tracked. He said the affordable housing discussion may take more
20 time.
21 Commissioner Jacobs echoed Commissioner Pelissier's comments stating that
22 education is different than formulating a plan.
23 Commissioner Dorosin said the affordable housing plan will be coming to the BOCC on
24 April 5th and that track is moving forward in time for this committee.
25 Commissioner Jacobs said how does the affordable housing plan relate to the housing
26 providers in the community, the municipality's plans, and taking this to the voters because
27 historically topic has been a hard sell with the community.
28 Bonnie Hammersley said the Housing Director is already scheduled to make a
29 presentation of this plan to the community. She said the municipalities and the stakeholders all
30 have a draft copy of the plan. She said several meetings are scheduled to present to the
31 stakeholders and she will review dates and locations of those meetings.
32 Commissioner Jacobs said in 2001 the committee co-chairs were selected by the Board
33 of County Commissioners.
34 Chair McKee said that would be in the Board's purview to decide.
35 Commissioner Dorosin asked if there are legal restrictions on what the County can and
36 cannot do, as relates to educating the public and promoting the bond.
37 John Roberts said yes, the County cannot expend funds to promote one viewpoint or the
38 other, but funds can be spent to educate the public and encourage the public to vote.
39
40 Proposed Committee Composition:
41 4 Orange County residents
42 2 CHCCS representatives
43 2 OCS representatives
44 1 Affordable Housing Advisory Board Representative
45 3 Affordable Housing Non Profits' Representatives
46 2 Board of County Commissioners
47
48 Support/Technical Staff: Manager's office, Community Relations, Housing Staff
49
50 PROPOSED CHARGE TO BOND EDUCATION COMMITTEE
15
1 NOVEMBER 8, 2016 BOND REFERENDUM
2 • Become familiar with the purpose of each of the bond orders
3 • Become familiar with the projects expected to be addressed with bond funds
4 • Understand the community needs that led the Board of Commissioners to adopt each of
5 the bond orders
6 • Assist in developing appropriate informational materials that will address the bond
7 orders
8 • Assist in designing and implementing a campaign to distribute relevant factual
9 information about the bonds to Orange County residents in the most effective and
10 efficient manner possible, using multiple media and information outlets
11 • Assist in designing and implementing a process for information meetings with civic
12 groups, non-profit agencies, neighborhood associations, and other interested parties in
13 the community
14 • Ensure that equal access to information is provided to all individuals and groups
15 • Encourage all voters to participate.
16
17 A motion was made by Commissioner Pelissier, seconded by Commissioner Jacobs to:
18
19 1) review the information above and attached and revise as appropriate;
20 2) move forward with establishing the Bond Education Committee;
21 3) approve the proposed Committee structure and charge;
22 4) direct the Clerk to the Board to contact both school systems and the local housing non-
23 profits for potential appointees, and also begin advertisement for residents interested in serving
24 on the Committee; and
25 5) direct the Clerk to develop an agenda item based on the feedback from the school systems,
26 housing groups, and the public in order for the Board to consider making Committee
27 appointments at the May 5, 2016 regular Board meeting.
28 6) Board of County Commissioners will appoint two co-chairs of the committee.
29
30 VOTE: UNANIMOUS
31
32 A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to
33 nominate Commissioner Dorosin and Commissioner Burroughs to be the Commissioner
34 representatives on this committee.
35
36 VOTE: UNANIMOUS
37
38 Chair McKee skipped to appointments and then came back to the Manager's report.
39
40 8. Reports
41 NONE
42
43 9. County Manager's Report
44 Proposed March 29, 2016 Work Session Topics
45 • 2016-2021 Manager's Recommended Capital Investment Plan Presentation
46 • Employee Pay & Benefits
47 • Orange County Government Workforce Demographics
48 Bonnie Hammersley said the Board members have all received a draft copy of the
49 housing strategic plan. She said the Orange County Housing Director will present the plan for
50 community input on the following dates:
16
1 o March 29th, Whitted Building, 6:00 p.m.
2 o April 5th, BOCC regular meeting —Whitted Building, 7:00 p.m.
3 o April 6th, Partnership to End Homelessness meeting — Southern Human Service
4 Center, 5:30 p.m.
5 o April 8th, Housing Coalition — Habitat office in Chapel Hill, 9:00 a.m.
6 o April 11th, Human Rights Commission —Animal Services Facility, Chapel Hill,
7 5:30 p.m.
8 o Date and time TBA, Affordable Housing Advisory Board
9
10 10. County Attorney's Report
11 John Roberts said at the last BOCC meeting that the Department of Environment and
12 Natural Resources was interpreting new stormwater regulations but they would not apply to
13 Orange County. He said he has also heard that buffer regulations are being interpreted, and
14 again Orange County is not a part of that. He said he will forward any information he receives.
15
16 11. Appointments
17
18 a. Animal Services Hearing Panel Pool —Appointments
19 The Board considered making appointments to the Animal Services Hearing Panel Pool.
20
21 A motion was made by Commissioner Dorosin, seconded Commissioner Jacobs to
22 appoint the following to the Animal Services Hearing Panel Pool:
23
24 • Appointment to a partial term (position #16) "Animal Services Board Member"
25 representative for Caroline Green expiring 03/31/2017.
26 • Appointment to a first full term (position #17) "Animal Services Board Member"
27 representative for Beth Groom expiring 03/31/2018.
28 • Appointment to a first full term (position #18) "Animal Services Board Member"
29 representative for Michelle Walker expiring 03/31/2019.
30
31 VOTE: UNANIMOUS
32
33 Commissioner Price said she had concerns.
34 Commissioner Dorosin said there are many openings, and the process needs to move
35 forward.
36
37 A motion was made by Commissioner Dorosin, seconded by Commissioner Burroughs
38 to appoint the following to the Panel:
39
40 • Marcia Adams to Position #12 —At Large Unincorporated County Position - for a first full
41 term with an expiration date of 3/31/2019.
42 • Jean Austin to Position #13 - At Large Unincorporated County Position- for a partial
43 term with an expiration date of 3/31/2017.
44 • Cathy Munnier to Position # 14 -At Large Unincorporated County Position -for a first full
45 term with an expiration date of 3/31/2018.
46 • Brenda Baldwin Scott to Position #11 -At Large- for a first full term with an expiration
47 date of 3/31/2018.
48
49 VOTE: UNANIMOUS
50
17
1 b. Carrboro Planning Board —Appointment
2 The Board considered making an appointment to the Carrboro Planning Board.
3
4 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
5 appoint the following to the Carrboro Planning Board:
6
7 • Appointment to a 6th full term (Position #1) ETJ position for David Clinton expiring
8 02/28/2019.
9
10 VOTE: UNANIMOUS
11
12 c. Nursing Home Community Advisory Committee —Appointments
13 The Board considered making appointments to the Nursing Home Community Advisory
14 Committee.
15
16 A motion was made by Commissioner Pelissier, seconded by Commissioner Price to
17 appoint the following to the Nursing Home Community Advisory Committee:
18
19 • Appointment to a partial term (Position #11) At-Large Nursing Home Administration
20 position for Maria Hardin expiring 12/31/2016.
21
22 VOTE: UNANIMOUS
23
24 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to
25 appoint Ms. Susan Adams to Position #6--- "At-Large" Position expiring 03/31/2019.
26
27 VOTE: UNANIMOUS
28
29 d. Orange County Planning Board —Appointments
30 The Board considered making appointments to the Orange County Planning Board.
31
32 A motion was made by Commissioner Jacobs, seconded by Commissioner Dorosin to
33 appoint the following to the Orange County Planning Board:
34
35 • Appointment to a second full term (Position #1) "Cedar Grove Township" for James Lea
36 expiring 03/31/2019.
37 • Appointment to a first full term (Position #6) "Eno Township" for Laura Nicholson
38 expiring 03/31/2019.
39 • Appointment to a second full term (Position #8) "At-Large" for Paul Guthrie expiring
40 03/31/2019.
41
42 VOTE: UNANIMOUS
43
44 A motion was made by Commissioner Jacobs, seconded by Commissioner Dorosin to
45 appoint Kim Piracci to Position #10--- "At-Large" Position expiring 03/31/2019.
46
47 VOTE: UNANIMOUS
48
49
50
18
1 12. Board Comments
2 Commissioner Rich asked John Roberts if he could clarify new rules regarding how
3 elected officials' votes may be affected by leaving the room of a meeting.
4 John Roberts said he has not seen this for counties and there are differences between
5 counties and towns. He said he will get back to the Board with more information.
6 Commissioner Price said she went to the 38th Annual Mental Health Breakfast, which
7 was wonderfully executed. She said she also went to the UNC Climate LEAP program, which is
8 a group of high school students dedicated to the climate and other environmental issues. She
9 said this group of students greatly encouraged her.
10 Commissioner Burroughs said an email was received last week from Health and Human
11 Services regarding the newly defined mental health regions. She asked if information
12 regarding the impact of this could be gathered.
13 Commissioner Dorosin had no comments.
14 Commissioner Pelissier had no comments.
15 Commissioner Jacobs said it is not a positive with a larger entity for mental health and
16 he would like an analysis from staff before the legislative breakfast occurs.
17 Commissioner Price said she and other commissioners from across the state, of all
18 political persuasions, repeatedly expressed concern with this change in the mental health
19 system, but the change was made anyway.
20 Chair McKee said this change was possibly made at the instigation of some of the major
21 players.
22
23 13. Information Items
24 • March 1, 2016 BOCC Meeting Follow-up Actions List
25 • BOCC Chair Letter Regarding Petitions from March 1, 2016 Regular Meeting
26
27 14. Closed Session
28
29 A motion was made by Commissioner Dorosin, seconded by Commissioner Jacobs to
30 go into closed session at 9:32 p.m. for the purpose below:
31 "To discuss the County's position and to instruct the County Manager and County Attorney on
32 the negotiating position regarding the terms of a contract to purchase real property," NCGS §
33 143-318.11(a)(5).
34
35 Closed Session Minutes
36
37 "To consider the qualifications, competence, performance, character, fitness, conditions of
38 appointment, or conditions of initial employment of an individual public officer or employee or
39 prospective public officer or employee" NCGS § 143-318.11(a) (6).
40
41 VOTE: UNANIMOUS
42
43 RECONVENE INTO REGULAR SESSION
44
45 A motion was made by Commissioner Dorosin, seconded by Commissioner Jacobs to
46 reconvene into regular session at 10:35 p.m.
47
48 VOTE: UNANIMOUS
49
50
19
1 15. Adjournment
2 A motion was made by Commissioner Dorosin, seconded by Commissioner Jacobs to
3 reconvene into regular session at 10:35 p.m.
4
5
6 VOTE: UNANIMOUS
7
8
9 Donna Baker, Clerk to the Board
10
11
12 Earl McKee, Chair
13
14
1
1 Attachment 2
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 Work Session
6 March 29, 2016
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in a work session on Tuesday, March 29,
10 2016 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia Burroughs,
13 Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy Manager Travis
17 Myren and Clerk to the Board Donna Baker (All other staff members will be identified
18 appropriately below)
19
20 Chair McKee called the meeting to order at 7:03 p.m.
21 Chair McKee noted the following items at the Commissioners' places:
22 - white sheet—for item 1, additional information
23 - PowerPoint presentation for item 1
24 - yellow sheet— replacement for attachment B in Item 2: Current Monthly Premium Equivalent
25 Cost Share
26 - PowerPoint presentation for item 3
27
28 1. Presentation of Manager's Recommended FY 2016-21 Capital Investment Plan
29 (CIP)
30
31 BACKGROUND:
32 For over 20 years, the County has produced a Capital Investment Plan (CIP) that establishes a
33 budget-planning guide related to capital needs for the County as well as Schools. The current
34 CIP consists of a 5-year plan that is evaluated annually to include year-to-year changes in
35 priorities, needs, and available resources. Approval of the CIP commits the County to the first
36 year funding only of the capital projects; all other years are used as a planning tool and serves
37 as a financial plan.
38
39 Capital Investment Plan —Overview
40 The FY 2016-21 CIP includes County Projects, School Projects, and Proprietary Projects. The
41 School Projects include Chapel Hill Carrboro City Schools, Orange County Schools, and
42 Durham Technical Community College —Orange County Campus projects. The Proprietary
43 Projects include Water and Sewer, Solid Waste Enterprise Fund, and Sportsplex projects.
44
45 The CIP has been prepared anticipating continued slow economic growth of between 1-2%
46 annually over the next five years. Many of the projects in the CIP will rely on debt financing
47 to fund the projects.
48
49 FINANCIAL IMPACT: There is no immediate financial impact associated with the presentation
50 of the FY 2016-21 Capital Investment Plan. It is a long-range financial planning tool with a
51 financial impact in FY 2016-17, if the first year of the CIP is approved by the Board of County
2
1 Commissioners with the adoption of the Annual Budget. If the Board of County Commissioners
2 approves the Recommended CIP as presented, the cumulative 5-year tax rate equivalent for the
3 estimated highest debt service payment is expected to range from 4.74 cents up to 5.86 cents
4 per$100 of assessed valuation.
5
6 RECOMMENDATION(S): The Manager recommends the Board receive the presentation of the
7 Manager's Recommended FY 2016-21 Capital Investment Plan and provide direction to staff in
8 preparation of the April 7, 2016 Budget work session.
9
10 Bonnie Hammersley said this presentation is being given in preparation for the April 7th
11 work session, in the hope that it will generate questions.
12 Bonnie Hammersley referred to hand out at the Commissioners' places, noting that the
13 text did not wrap, and it is missing the third line of the paragraph. She noted the remainder of
14 this paragraph is on page 143, and it states: the Board does hereby adopt, in principal, a policy
15 of allocating a target of 60 percent of capital expenditures for school project, and 40 percent of
16 capital expenditures for County projects over the decade, beginning in calendar year
17 2005.replacement page.
18 Bonnie Hammersley said last year's CIP presentation did not include this analysis of the
19 decade, and it has been included this evening, along with the County Manager's recommended
20 CIP for the current year.
21 Bonnie Hammersley presented the following PowerPoint:
22
23 County Manager's Recommended FY2016-21 Capital Investment Plan (CIP)
24 March 29, 2016 Presentation
25 Southern Human Services Center
26
27 Overview
28 • The Capital Investment Plan (CIP) is a budget plan that is evaluated annually to include
29 year-to-year priorities with associated resources.
30 • The CIP includes detailed information for the first 5 years of the plan, and an overview of
31 future plans for the remaining 6 through 10 years.
32 • The Board of Orange County Commissioners (BOCC) will amend and adopt the first
33 year (FY2016-17) of the CIP.
34
35 Document includes the following sections/tabs:
36 • Transmittal Letter
37 • CIP Summaries
38 • County Projects
39 • Proprietary Projects
40 • School Projects
41 • Appendices (Debt Service, Debt Capacity, and Policies)
42
43 FY 2016-21 Orange County CIP Projects County-Wide Summary—Appropriations graph
44
45 FY 2016-21 Orange County CIP Projects County-Wide Summary— Revenues-graph
46 Continuation Funding
47 FY2016-17
48 • Southern Branch Library - $6.38 million
49 • Detention Facility- $500,000
50 • Historic Rogers Road Sewer Project - $5.68 million
3
1 • Conservation Easements - $500,000
2
3 Commissioner Jacobs asked if the size of this library has been defined.
4 Bonnie Hammersley said a net size of 10,000 to 12,000 square feet.
5 Chair McKee said $472,000 was allocated for the library this year, which was not spent,
6 and asked if this money will track forward.
7 Bonnie Hammersley said yes.
8 Commissioner Rich asked if there are any plans yet from Carrboro.
9 Bonnie Hammersley said the Town is doing a space study, and the County is waiting for
10 the study to be completed before moving forward.
11 Commissioner Rich said there was strong support for an urban library and suggested
12 keeping this in mind when pricing and sizing this library.
13 Commissioner Jacobs said there was a point, a few years back, where they had monies
14 set aside for this Carrboro library. He asked if the outcome of this funding is known.
15 Paul Laughton, Orange County Finance and Administrative Services, asked if
16 Commissioner Jacob was referring to prior year funding.
17 Commissioner Pelissier said the money was set aside from the sale of property.
18 Paul Laughton said the funds are reflected on page 31 of the CIP.
19 Bonnie Hammersley said more information will be brought to the April 7th work session.
20
21 Policy Priorities
22 • School Capital Improvements - $47.6 million
23 • Affordable Housing - $3.5 million
24 • Community Centers - $35,000
25 • Senior Centers - $990,000 Seymour Center
26 • Economic Development (Water and Sewer) - $145,000
27 • Accessibility and Security Improvements - $190,000
28 • EMS Substation Co-location - $500,000
29
30 Chair McKee asked if money is set aside for the proposed extension of water and sewer
31 under 1-40, in the Hillsborough Economic Development District (EDD).
32 Bonnie Hammersley said yes.
33 Commissioner Jacobs asked if there is an update on the Eno EDD.
34 Bonnie Hammersley said there is $120,000 for design and easement acquisitions, along
35 with construction.
36 Commissioner Jacobs asked if an agreement with Durham has been reached.
37 Craig Benedict, Planning and Inspections Director, said Durham is making some
38 improvements on its side, so that Orange County can flow into it. He said details of the
39 agreement are currently being refined.
40 Commissioner Jacobs asked if this plan is different to a previous one.
41 Craig Benedict said yes.
42 Commissioner Jacobs asked if the Board could see the updated plan at the April 7th
43 meeting.
44 Craig Benedict said yes.
45 Commissioner Rich asked if there is a large cost difference between these two plans.
46 Craig said yes, and the current plan is not as costly.
47 Commissioner Pelissier recalled discussion about changing the configuration of the Eno
48 EDD because not all of it could be serviced.
49 Craig Benedict said that is correct, and the original Eno EDD was over 600 acres. He
50 said about 150 acres will be served with this new plan.
4
1 Commissioner Pelissier said it would be helpful to include these updated numbers in the
2 documentation.
3 Commissioner Jacobs suggested holding a community meeting at the Murphy School to
4 provide an update about the Eno EDD.
5 Craig Benedict said he would put together a meeting as the plans are narrowed down.
6 Chair McKee asked if Durham will do its sewer expansion with or without the
7 involvement of Orange County.
8 Craig Benedict said the improvements were necessary either way. He said Durham has
9 not yet asked for any contribution from Orange County, and after the flows are developed they
10 will be shared with Orange County.
11
12 Parks, Open Space, and Trail Development
13 • Blackwood Farm Park- $1.26 million
14 • Cedar Grove Park— Phase II - $60,000
15 • Mountains to Sea Trail - $521,000
16 • Hollow Rock Nature Park (New Hope Preserve) - $235,000
17 • River Park— Phase II - $50,000
18 • Little River Park— Phase II - $100,000
19 • Fairview Park Access with Parking Improvements - $325,000
20
21 Information Technology and Communications
22 • Information Technology Infrastructure - $500,000
23 • Technology Improvements - $500,000
24 • Fiber Connections for County facilities - $60,000
25 • BOCC Technology Initiatives - $50,000
26 • Communication System Improvements - $166,000
27
28 Critical Infrastructure Improvements
29 • Hardened 911 Center- $980,000
30 • Southern Human Services Center — $300,000
31
32 Other Critical Infrastructure Improvements
33 • Facility Roofing Projects - $206,700
34 • Historic Courthouse Square - $40,000
35 • Generator Projects - $375,000
36
37 Commissioner Jacobs asked if there are specific reasons to have generators at
38 community centers.
39 Bonnie Hammersley said community centers may need to serve as shelters during
40 inclement weather.
41 Commissioner Jacobs said he thought designated shelters already existed.
42 Bonnie Hammersley said yes, but after speaking with staff involved in sheltering, there is
43 a feeling that it would be advantageous to use County facilities for sheltering.
44 Commissioner Jacobs said there had been discussion about a shelter with Mebane at
45 Gravelly Hill Middle School, and Mebane was interested in partnering on this issue. He said he
46 would like to see some priorities determined in reference to the purchase and usage of
47 generators.
48 Commissioner Price said she is in favor of generators at community centers as a back-
49 up sheltering facility.
50 Bonnie Hammersley reviewed the highlights for the items below.
5
1 Bonnie Hammersley said the reason the Agricultural/Environmental Center is not in
2 2016-17 is because community involvement is desired, which will take some time; thus it is
3 pushed out to 2017-18.
4 Bonnie Hammersley said the Local Government Commission has pushed for the
5 Requests For Proposals (RFP) to be complete prior to going out to bid.
6
7 Future Capital Projects:
8 FY2017-18
9 • School Capital Improvements — $8.3 million
10 • Economic Development (Water/Sewer) —$895,000
11 • Solid Waste —$1.1 million
12 • Southern Orange Campus —$2 million
13 • Southern Human Services Center — $5.2 million
14 • Information Technology— $1.5 million
15 • Detention Facility— $20.6 million
16 • Environment & Agriculture Center— $3.15 million
17 • EMS Substations —$1.2 million
18 • Blackwood Farm Park— $1.8 million
19 • Efland-Cheeks Community Center— $391,000
20 • Facility Renovation and Repairs — $180,000
21
22 Future Capital Projects:
23 FY2018-19 (second draw of the bond)
24 • School Capital Improvements — $47.8 million
25 • Economic Development (Water and Sewer) —$375,000
26 • Solid Waste —$1.1 million
27 • Information Technology— $1.5 million
28 • Affordable Housing — $2.5 million
29 • EMS Substations —$1.5 million
30 • Blackwood Farm Park— $2.6 million
31 • Cedar Grove Park—$1.5 million
32 • Mountains to Sea Trail — $700,000
33
34 Commissioner Jacobs asked if there is a specific purpose for the $1.1 million for Solid
35 Waste.
36 Paul Laughton said there is a Solid Waste Convenience Center (SWCC) at High Rock,
37 and much of the funds are for equipment and replacements, which is on the replacement
38 schedule. He said there is also a future SWCC at Ferguson Road in 2019-20.
39 Commissioner Jacobs asked if there is a plan in place, should the need for a transfer
40 station be discussed in the next couple of years.
41 Bonnie Hammersley said such a discussion would change the CIP.
42 Commissioner Jacobs said alternatives should be discussed in order to show sincerity to
43 our partners on the solid waste issue. He said the County does not own High Rock SWCC, and
44 he would like to review the lease renewal when it comes up.
45
46 Future Capital Projects
47 FY2019-20
48 • School Capital Improvements — $7.8 million
49 • Economic Development (Water/Sewer)— $2.1 million
6
1 • Solid Waste —$2.1 million
2 • Information Technology— $1.5 million
3 • EMS Substations —$600,000
4 • Soccer Center Phase II —$4.6 million
5 • Lands Legacy- $500,000
6 • Millhouse Road Park— $6.4 million
7
8 FY2020-21 (final draw of bond funds)
9 • School Capital Improvements — $47.9 million
10 • Economic Development (Water/Sewer) —$25,000
11 • Solid Waste —$800,000
12 • Southern Orange Campus —$2 million
13 • Information Technology— $1.5 million
14 • EMS Substations —$1.5 million
15 • Bingham District Park—$6.7 million
16 • Lands Legacy- $500,000
17 • Northeast District Park— $7.7 million
18 • Twin Creeks Park, Phase II — $3.8 million
19
20 Appendices
21 • Debt Service and Debt Capacity
22 • General Fund — maintains the 15% debt capacity
23 • Water and Sewer Projects (Article 46 Sales Tax proceeds)
24 • Capital Funding, Debt Management, and Fund Balance Management Policies
25
26 Document Availability
27 • Clerk to the Board of Commissioners
28 • County Finance and Administrative Services Office
29 • Orange County Libraries
30 • Orange County Website: www.orangecountync.gov
31
32 Commissioner Dorosin referred to page 143, and asked if clarification could be given, at
33 the April 7th meeting, regarding how school construction impact fees fit into the bond funds and
34 the CIP.
35
36 2. Employee Benefits and Pay Review
37
38 BACKGROUND:
39 The County provides employees with a comprehensive benefits plan, including health, dental
40 and life insurance, an employee assistance program, flexible compensation plan and paid leave
41 for permanent employees. Additionally, the County contributes to the Local Governmental
42 Employees' Retirement System and a supplemental retirement plan. The County has been self-
43 funded since January 1, 2014 for medical and pharmacy plans and continues to be self-insured
44 for the dental plan. The County transitioned from a twelve-month calendar plan year to a
45 twelve-month fiscal plan year in 2015 aligning with the County's fiscal year. In February 2015,
46 the Board of County Commissioners approved Gallagher Benefit Services (GBS) as Broker of
47 Record for the administration of benefit programs, which include health, dental, vision, and other
48 voluntary programs for employees and retirees.
49
7
1 Health Insurance
2 Almost all full time and part time employees participate in the County's group health insurance
3 plan. As of January 16, 2016, the plan covered 871 employees and 160 County retirees under
4 the age of 65. Enrollment data is detailed in Attachment A.
5
6 Since the County's insurance plan is self-funded, the County uses a third party administrator
7 (TPA) to administer and manage claims. To take advantage of changing market dynamics and
8 services, the County periodically solicits proposals from companies offering TPA services. The
9 County conducted a competitive solicitation this year through its broker and is in the process of
10 negotiating a final contact with the most responsive and qualified provider for FY2016/2017. A
11 recommendation on the identity of the provider is scheduled for consideration by the Board of
12 Commissioners on April 5.
13
14 Based on the initial solicitation results, the County's broker has estimated that total health
15 insurance costs next fiscal year will remain flat or decrease slightly. As a result, no plan design
16 changes are recommended. All covered benefits, co-pays, co-insurance and deductibles are
17 expected to remain the same.
18
19 If the budget for health insurance is decreased, the premium equivalents charged to employees
20 will be adjusted accordingly. Employees currently pay a share of the premium for most of the
21 plan options. Attachment B shows the current monthly and bi-monthly cost share of premium
22 equivalents.
23
24 Dental and Vision Insurance
25 Delta Dental is the County's current dental provider and Community Eye Care provides the
26 County's vision plan. As part of three-year contract, the County will continue providing dental
27 coverage through Delta Dental. The current budget for dental insurance coverage is
28 approximately $320,000 annually. No increase in premium is recommended for FY 2016-2017.
29 In fact, the County will improve the dental plan design by removing diagnostic and preventative
30 services from the annual maximum covered services to promote preventative oral health care.
31 The bi-monthly employee cost share of dental and vision premiums are also provided in
32 Attachment B.
33
34 Other Employee Programs
35 The County will continue to partner with representatives of the UNC Wellness @ Work program
36 to offer health screenings to all employees. In the fall of 2016, the Health and Human
37 Resources Departments coordinated flu clinics for employees, and Human Resources held two
38 Breast Cancer Awareness Days (for mammograms) at UNC Radiology in Hillsborough. See
39 Attachment A for more detail on Employee Wellness Activities and Orange County Sportsplex
40 enrollment.
41
42 Compression Review
43 Compression has been a growing concern among directors and employees and was ranking
44 highly during the Department Director's prioritization of internal needs. Pay compression occurs
45 when the difference between two salary grades or between two employees within the same
46 salary grade is too small without an intentional, reasonable pay policy to explain that difference.
47 A classic example of pay compression occurs when new employees are hired at the same or
48 higher rates as employees who have been employed by the organization for several years. In
49 this case, market rates for certain positions may have advanced beyond the salaries paid to
50 current employees. The organization is compelled to pay market rates to attract well-qualified
51 new employees but does not feel the same pressure to increase the salaries of current
8
1 employees. As a result, the pay of these employees is compressed with respect to their time
2 and experience within the organization.
3
4 To help quantify this issue for Orange County, Human Resources contracted with Gallagher
5 Benefit Services Inc.'s Fox Lawson Group (FLG) to conduct a Compensation Philosophy
6 Development and Pay Compression Study. The study found that the County experiencing pay
7 compression at most grades in the salary schedule. The compression has been caused by
8 several different issues but is primarily due to the absence of a mechanism to move existing
9 employees forward in the salary plan. Compression was also caused by structural issues within
10 the current classification plan and lack of a strong pay philosophy across hiring managers.
11
12 The County Manager's Recommended Operating Budget for FY 2016-17 is expected to include
13 a recommendation to begin addressing salary compression.
14
15 Meritorious Service Awards
16 The Code of County Ordinances Section 28-61 provides a program of Meritorious Service
17 Awards to financially reward employees whose work performance and accomplishments are
18 exceptional or superior. Section 28-61 (c) provides that the award amount is subject to the
19 Board of Commissioners' annual approval of funding. It also establishes award levels at $1,500
20 for exceptional performance and $750 for superior performance. The performance incentives
21 are paid as one-time payment, which does not become a part of an employee's annual base
22 salary.
23
24 The current Meritorious Service Award program is being administered using three award tiers.
25 The current program recognizes exceptional performance with a $1,000 payment and superior
26 and proficient performance with a $500 payment. As currently administered, the ordinance and
27 current practice are not aligned.
28
29 The County Manager's Recommended Operating Budget for FY 2016-17 is expected to address
30 these inconsistencies and make the award levels more granular.
31
32 Brenda Bartholomew, Orange County Human Resources Director, presented the
33 following Power Point:
34
35 Employee Benefits and Pay Review
36 Insurance Programs
37 Compression
38 Meritorious Service Awards
39 Brenda Bartholomew
40 March 29, 2016
41
42 Insurance Programs
43 • Self-funded since 2014
44 • Transitioned to a Fiscal Year renewal in 2015
45 • Contracted with Gallagher Benefit Services (GSB) as Broker of Record in 2015
46 • Third Party Administrator (TPA) Solicitation — County Manager Recommendation at the
47 BOCC April 5, 2016 Meeting
48
49 Budget Recommendations FY 2016/2017
50 • Total Health Insurance Costs will remain flat or decrease slightly
51 • If rate decrease, premium equivalent will be decreased
9
1 • No change to covered benefits, co-pays, co-insurance or deductibles
2 ❖ FY2015/2016 budget is approximately $11.6M
3 o Active employees and members = $9.8M
4 o Active retirees under age 65 and members = $1.8M
5 o As of 2/2016 budget spend is approximately $6M (51% of total budget)
6 + As of 1/16/16
7 o 871 employees (96%) and 160 retirees enrolled in a health plan
8 o 1480 members and 187 retiree members enrolled in a health plan
9 • Dental Insurance Costs will remain flat
10 • Current budget for dental insurance coverage is approximately $320,000
11 • No increase in premium is recommended for FY 2016-2017
12 • Improve the dental plan design by removing diagnostic and preventative services from
13 the annual maximum covered services to promote preventative oral health care
14 ❖ Annual maximum coverage is $1,200 per year
15
16 Quick Points of Comparison
17 The NC Healthcare Benefits & Cost Survey is conducted annually by Capital Associated
18 Industries (CAI).
19 • On average, traditional premiums have increased by about 5% annually over the past 5
20 years.
21 • Employee (EE) vs. employer contributions to traditional plan premiums has remained
22 fairly constant, even as costs continue to increase. On average, employers cover 82%
23 and 53% of individual and family premiums, respectively.
24 Orange County
25 • Based on the general fund actual expenditures for health insurance, Orange County's
26 costs have increased over 3 years on average 5.63%
27 • Orange County pays 100% of individual and approximately 65% of family premiums.
28 • This changed from 52% over the past few years when the County elected to absorb total
29 rate increases.
30
31 2015/2016 North Carolina Healthcare Benefits & Cost Survey (chart)
32 Capital Associated Industries
33
34 Compression is caused when...
35 • there is not a mechanism to move existing employees forward in the salary plan (years
36 of service or in-range performance)
37 • new hired employees are brought in at equal or higher pay than employees with more
38 longevity at the same position
39 • salary adjustments over the last 6 years have typically been lower than market
40 adjustments
41
42 New Hires vs Employees (graph)
43
44 Compression Analysis (graph)
45 Overall Analysis
46
47 Meritorious Service Awards
48 • The Ordinance provides a program of Meritorious Service Awards to financially reward
49 employees whose work performance and accomplishments are exceptional or superior.
50 ❖ $1,500 for exceptional performance
10
1 ❖ $750 for superior performance
2 • The current Meritorious Service Award program is being administered using three award
3 tiers.
4 ❖ exceptional performance with a $1,000 payment
5 ❖ superior and proficient performance with a $500 payment
6
7 Commissioner Rich asked if the percentage of employees that get some sort of bonus
8 could be given.
9 Brenda Bartholomew said she would bring back that information.
10 Commissioner Rich asked if there is a process for receiving these employee bonuses.
11 Bonnie Hammersley said bonuses are given as part of an employee's annual
12 performance evaluation, and it is very subjective. She said staff is working to bring forth a more
13 objective process with stated criteria.
14 Commissioner Rich said she is not fond of random merit awards.
15 Commissioner Jacobs said he is confident that Brenda Bartholomew and the Manager
16 will come up with a less arbitrary process to address this issue.
17 Commissioner Pelissier asked if other counties have as many pay grades as Orange
18 County.
19 Brenda Bartholomew said Orange County is not an unusual county, but may be on the
20 high end of a comparison.
21 Commissioner Pelissier said in order to change pay grades, one must have one's
22 position reclassified. She asked if grades could have different categories within them, so that
23 salary increases could occur without reclassification.
24 Brenda Bartholomew said her office may be looking at collapsing two pay grades into
25 one, as well as some other options, all of which is currently being studied in detail.
26
27 3. Review of Workforce Demographics and Utilization of Temporary Employees
28
29 BACKGROUND:
30 The Board of County Commissioners requested information regarding the current workforce
31 profile of Orange County and requested follow up information regarding the current employment
32 of temporary employees.
33
34 Orange County Government is committed to equal employment opportunity and affirmative
35 action to employ and advance in employment qualified women, minorities, protected veterans,
36 and individuals with disabilities. All applicants and employees are treated equally without regard
37 to their protected veteran status, race, religion, national origin, gender, age, marital status,
38 disability, pregnancy, sexual orientation, gender identity or expression, genetic information, or
39 any other basis protected by applicable law.
40
41 Attachment A of the power point shows in detail the Workforce Race and Gender data by
42 classification for Orange County as of June 30, 2015. This data is reported as part of the EEO-
43 4 Report filed with the Equal Opportunity Commission on September 30, 2015, as per Section
44 709 (c), Title VII, Civil Rights Act of 1964.
45
46 In comparing the Orange County government statistics to Orange County and the State of North
47 Carolina, Orange County Government needs to focus most on efforts to improve diversity in the
48 Hispanic or Latino and Asian populations.
49
50 In an effort to improve diversity in the areas of greatest need, the Human Resources
51 Department is continually working with Departments to recognize the need for employees to be
11
1 bi-lingual and as such recruit accordingly. The Human Resources Department has also
2 implemented two Board of County of Commissioners initiatives within the past year. These
3 initiatives include an Internship Program and Access to Learning the Spanish Language.
4
5 The Internship Program is focused on providing a learning experience to a student in order for
6 them to blend classroom theory with real-life practice. Human Resources will recruit from many
7 universities and colleges in the area bringing in a diverse representation of students. The
8 internships are designed to give students an opportunity to complement their formal education
9 with career-related experience and to spark an interest in pursuing a career in local government.
10
11 The Board of County Commissioners also requested that all County employees have access to
12 Spanish language education in an effort to provide high quality services to residents. The
13 Human Resources Department is prepared to offer in-house training for Basic Introduction to
14 the Spanish Language and to provide the Rosetta Program in the Employee Development
15 Library.
16
17 Work Assignments of Temporary Employees
18 Temporary employees play a critical role within departments and contribute to the mission of
19 serving Orange County residents effectively and efficiently. It is also equally important to utilize
20 temporary employees in an appropriate manner and afford them access to health care as
21 required under the Affordable Care Act. Temporary employees are different from part time
22 employees. Temporary employees are time limited and do not receive access to County
23 benefits. Part-time employees work less than full time, but the duration of their employment is
24 not limited.
25
26 A Temporary Employee is defined as an employee appointed to serve in a position for a period
27 of six calendar months or less. A Department Head may extend the temporary appointment for
28 six additional months. A temporary appointment may not extend beyond one year except as
29 provided in Article II, Subsection 28-15(b) of the Orange County Code of Ordinances. Overall,
30 this section states that a new temporary appointment may be made for up to six months and
31 may be extended for six additional months, not to exceed a total of one year. The advance
32 approval of the Human Resources Director is for the purpose of assuring that temporary
33 appointments are used to meet temporary work needs. The County Manager may approve the
34 extension of a temporary appointment beyond one year.
35 Temporary employees may work a variety of reasons, and in differing capacities including:
36 • A regular work schedule to fill a temporary need subject to the limitations described
37 above. The duration of a grant-funding period.
38 • When considered seasonal, an employee is required to work a defined time period and
39 may return year after year. Most seasonal employees hired to work in this capacity are
40 at the Department of Environment, Agriculture, Parks and Recreation (DEAPR).
41 • On an as needed basis. Primarily this is the hire of Election Workers.
42 • When filling a position vacated because a permanent employee is on leave or during the
43 time period to process the filling of vacancies.
44 • As a participant in the Workforce Investment Act (WIA) (Department of Social Services
45 youth employment grant) or Work First Program, which services parents of children with
46 little or no income.
47 • As an Intern, for educational purposes.
48
49 The Orange County Code of Ordinances Section 28-36 provides permanent employees both
50 full-time and part-time (regularly scheduled at least 20 hours each workweek)with group health
12
1 insurance. The County has been pro-active in appropriately identifying positions, which need to
2 be classified as permanent as per the Personnel Section of the Orange County Code of
3 Ordinances and the Affordable Care Act requirements.
4
5 Action Agenda Item 3, dated September 11, 2014 is provided as Attachment B, which analyzed
6 the use of temporary employees at the request of the Board of County Commissioners. It was
7 determined that there were some employees working in hours in excess of what the Affordable
8 Care Act allows as well as outside the desire of the Board. As part of the FY 2015/16 budget
9 adoption, positions were subsequently made permanent. These positions included three
10 Orange Public Transportation Drivers and a Weighmaster at the Department of Solid Waste.
11
12 Action Agenda Item 5, dated April 17, 2008 is provided as Attachment C, which shows the
13 transition of funding positions from a long term temporary services status to permanent
14 positions meeting County staff needs.
15
16 The Human Resources Department will continue to work to make sure that Orange County is
17 compliant with the requirements of the Affordable Care Act and the North Carolina Retirement
18 System as well as meeting the needs of each department and appropriately offering benefits to
19 employees when applicable. More specifically, the Human Resources Department will continue:
20 • Reviewing the work of temporary employees to make sure they are appropriately
21 classified as per the County Ordinance and make changes as necessary.
22 • Monitoring temporary employees working more than 12 months or 1,000 hours in a
23 calendar year as required by the Retirement System.
24 • Monitoring hours worked by temporary employees to ensure that all employees eligible
25 for health insurance benefits are appropriately notified and enrolled.
26 Also, the Affordable Care Act requires certain employers (applicable large employers), which
27 includes Orange County to offer health insurance coverage to full-time employees and their
28 dependents and requires those employers to send an annual statement to all employees eligible
29 for coverage describing the insurance coverage available to them (IRS Section 6055) as well as
30 the detail of an employee's actual insurance coverage (IRS Section 6056). The County has
31 filed accordingly and no issues have been identified as non-compliant.
32 Brenda Bartholomew presented the following PowerPoint:
33
34 Workforce Demographics and Utilization of Temporary Employees
35 Brenda Bartholomew
36 March 29, 2016
37
38 Minorities in the Workplace (table)
39 • The following table demonstrates the percentage of minorities in the workplace since
40 June 30, 2014 through March 2016.
41
42 Goals to Improve Diversity
43 Implemented two BOCC Initiatives within the past year
44 • Internship Program
45 ❖ Provide a learning experience to students in order for them to blend classroom
46 theory with real-life practice.
47 ❖ Recruit from many universities and colleges within the area bringing in a diverse
48 representation of minorities.
49 ❖ Designed to give students an opportunity to complement their formal education
50 with career-related experience.
51 ❖ Spark an interest in pursuing a career in local government.
13
1 • Access to Learning the Spanish Language
2 ❖ The Board of County Commissioners desires access for all County employees
3 the ability to learn Spanish.
4 ❖ Provide in-house training for Basic Introduction to the Spanish Language
5 ❖ Place the Rosetta Program in the Employee Development Library. Continue to
6 work with Departments to recognize the need for employees to be bi-lingual and
7 as such recruit accordingly.
8 • Identify and Designate More Bi-lingual Classifications
9
10 Commissioner Jacobs suggested moving funds for the tuition reimbursement program to
11 the Rosetta program, or another bilingual program.
12 Brenda Bartholomew said there could be a remarketing of the tuition reimbursement
13 program. She said there is a premium "bilingual pay" that is 3% of an employee's base pay, for
14 those who utilize bilingual skills during the workday.
15 Commissioner Dorosin suggested, going forward, to identify key departments, or
16 positions within a department, that have a lot of direct public engagement, and to insure there
17 are bilingual employees working there.
18
19 Work Assignments of Temporary Employees
20 Temporary employees may work a variety of reasons, and in differing capacities including:
21 • A regular part-time work schedule for periods longer than six months to a year to fill a
22 temporary need.
23 • The duration of a grant-funding period.
24 • Seasonal employment.
25 • On an as needed basis.
26 • When filling a position vacated because a permanent employee is on leave or during the
27 time period to process the filling of vacancies.
28 • As a participant in the Workforce Investment Act (WIA) (DSS youth employment grant)
29 or Work First Program, which services parents of children with little or no income.
30 • As an Intern, for educational purposes
31
32 County Actions
33 The County has been pro-active in appropriately identifying positions which need to be
34 classified as permanent as per the Personnel Section of the Orange County Code of
35 Ordinances and the Affordable Care Act requirements.
36 • Action Agenda Item 5, dated April 17, 2008
37 • Action Agenda Item 3, dated September 11, 2014
38 • It was determined that there were some employees working in hours in excess of what
39 the Affordable Care Act allows as well as outside the desire of the Board. As part of the
40 FY 2015/16 budget adoption, positions were subsequently made permanent.
41 Overview of Temporary Utilization
42 • Human Resources will continue to ...
43 • Review the work of temporary employees to make sure they are appropriately classified
44 as per the County Ordinance and make changes as necessary.
45 • Monitor temporary employees working more than 12 months or 1,000 hours in a
46 calendar year as required by the Retirement System.
47 • Monitor hours worked by temporary employees to ensure that all employees eligible for
48 health insurance benefits are appropriately notified and enrolled as per the Affordable
49 Care Act.
50
14
1 Commissioner Dorosin asked if the number and type of temporary employees could be
2 identified.
3 Commissioner Dorosin said of the 178 temps this year, how many were full time
4 temporary positions and how many were part time temporary positions.
5 Commissioner Dorosin said he is encouraged that the analysis was done and that many
6 temps were recognized as permanent employees.
7 Commissioner Rich asked if the temporary employees fit into the racial background of
8 employees.
9 Brenda Bartholomew said yes.
10 Commissioner Jacobs asked if there is a category for disabled employees.
11 Brenda Bartholomew said disabilities are self-reported, so if one chooses to disclose,
12 then the County is aware. She said there have been a handful of requests for reasonable
13 accommodation over the past few years, and she will look further on this issue.
14
15 A motion was made by Commissioner Price, seconded by Commissioner Dorosin to
16 adjourn the meeting at 9:10 p.m.
17
18 VOTE: UNANIMOUS
19
20
21
22 Donna Baker, Clerk to the Board
23
24
25 Earl McKee, Chair
26
27