HomeMy WebLinkAboutMinutes - 20081028 APPROVED 12/1/2008
Orange County Board of County Commissioners
BUDGET/CIP WORK SESSION
Tuesday, October 28, 2008
7:30 pm
Link Government Services Center, Hillsborough, NC
The Orange County Board of Commissioners met for a Budget/CIP Work Session on
Tuesday, October 28, 2008 at 7:30 p.m. at the Link Government Services Center in
Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Moses
Carey, Jr., Valerie Foushee (arrived late), Alice M. Gordon, and Mike Nelson
COUNTY COMMISSIONERS ABSENT:
STAFF ATTORNEY PRESENT: Annette Moore
COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County
Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other
staff members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
PERMANENT AGENDA FILE IN THE CLERK'S OFFICE
Chair Jacobs pointed out that one of the applicants for the Animal Services Advisory
Board, Sondra Smolek, withdrew her name. Also, there was a draft public comment proposal
for the transfer station process for the Board's information.
Chair Jacobs reminded the County Commissioners to bring the paperwork back to
meetings for items that have been deferred, because there is a lot of wasted paper.
Chair Jacobs said that Commissioner Foushee said that she would try to be at the
meeting by 8:00 p.m.
1. Appointments
a. Adult Care Home Community Advisory Committee — New Appointment
A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
appoint Julie Lochridge to the Adult Care Home Community Advisory Committee to a one-year
training term ending October 30, 2009.
VOTE: UNANIMOUS
b. Agricultural Preservation Board — New Appointment
A motion was made by Commissioner Nelson, seconded by Commissioner Gordon to
appoint Allan Greene to the Agricultural Preservation Board to a full term ending June 30,
2011.
VOTE: UNANIMOUS
c. Animal Services Advisory Board — New Appointment
A motion was made by Chair Jacobs, seconded by Commissioner Carey to appoint
Rob Gray to the Animal Services Advisory Board to a partial term ending June 30, 2009.
VOTE: UNANIMOUS
d. Board of Health — New Appointment
A motion was made by Commissioner Carey, seconded by Commissioner Nelson to
appoint Michael Wood to the Board of Health to a full term ending June 30, 2011.
VOTE: UNANIMOUS
e. Information Technology Advisory Committee — New Appointment
A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
appoint Martha Hoyleman to the Information Technology Advisory Committee to a full term
ending December 31, 2011.
VOTE: UNAIMOUS
f. Orange County Planning Board — New Appointments
Commissioner Nelson nominated Samantha Cabe for Position #7 —At-Large.
Commissioner Carey nominated Rachel Hawkins for Position #5, Nathan Chambers for
Position #12, Mary Bobbit Cooke for Position #3, and Tommy McNeil for Position #9.
Commissioner Gordon nominated Bryan Kelly Warren, Jr. for Position #5, and Peter
Hallenbeck for Position #12. She agreed with the nominations for Mary Bobbit Cooke, Tommy
McNeil, and Samantha Cabe.
Vote for Marry Bobbit Cooke for Position #3:
UNANIMOUS
Vote for Rachel Phelps Hawkins for Position #5:
Ayes, 3 (Commissioner Foushee voted for Ms. Hawkins at the end of the meeting because she
was not present at the beginning)
Vote for Bryan Kelly Warren, Jr. for Position #5:
Ayes, 2
Vote for Tommy McNeil for Position #9:
UNANIMOUS
Vote for Samantha Cabe for Position #7:
Ayes, 2
Vote for Peter Hallenbeck for Position #12:
Ayes, 2
Vote for Nathan Chambers for Position #12:
Ayes, 3
Commissioner Carey said that he could compromise and go with Nathan Chambers
and Samantha Cabe. Commissioner Gordon agreed.
Following are the appointments that were made for the Orange County Planning
Board:
Position #3 — Cheeks Township — Mary Bobbit Cooke (term ending March 31, 2009)
Position #5 — Hillsborough Township- Rachel Phelps Hawkins (term ending March 31, 2011)
Position # 9- Eno Township —Tommy McNeil (term ending March 31, 2011)
Position # 7- At-Large — Samantha Cabe (term ending March 31, 2011)
Position # 12 —At Large — Nathan Chambers (term ending March 31, 2011)
g_ Solid Waste Advisory Board — New Appointment
A motion was made by Commissioner Nelson, seconded by Commissioner Carey to
appoint Doug Guild to the Solid Waste Advisory Board to a partial term ending June 30, 2010.
VOTE: UNANIMOUS
h. Workforce Development Board - Regional Partnership — New Appointment
A motion was made by, Commissioner Gordon, seconded by Commissioner Carey to
appoint Brad Broadwell to the Workforce Development Board - Regional Partnership to a partial
term ending June 30, 2009.
VOTE: UNANIMOUS
2. Hillsborough Area Rail Station Task Force
Commissioner Gordon asked what appointment the Orange County Board of County
Commissioners is making and it was answered At-Large Orange County, Orange County
Development Commission, Orange County Transportation Services Board, and Orange Unified
Transportation Board. She said that, given that a lot of the transportation planning is in
process, she does not see any reason to skip over the regular appointments. She suggested
going ahead and establishing the task force and charge and get people to apply. She would
like to see some of the resumes. She does not understand the rush.
Chair Jacobs said that the regular process would be to advertise for the position.
Craig Benedict said that the Board authorized staff to work with the Town of
Hillsborough about five or six months ago to work with the community group and investigate
rail station possibilities. There is a rush because the people in the community want to have the
first meeting in early November because they want to get a report ready for the joint meeting
between Orange County and Hillsborough in February.
Commissioner Gordon said that the Long-Range Transportation Plan cannot get any
money until next June. She said that she has nothing against the train station, but she does
not want to set a precedent with a citizen group giving the Board the appointments without
resumes, etc.
Commissioner Nelson said that this was a citizens group that wanted to accomplish a
goal and drafted a task force. He said that the Board should acknowledge that this is not the
right way to set up a task force.
Commissioner Carey said that he has no problem with this.
Chair Jacobs agreed with Commissioner Gordon about the process and said that he
does not want to slow the group down either. He thinks that maybe there should be two at-
large positions so that it can be advertised.
Commissioner Gordon said that this task force is a good one, but it is the process that
bothers her and no money can be appropriated until next summer.
Chair Jacobs added "walkability" to the third bullet of the task force charge. "These
include, but are not limited to....." He suggested that the Board might want to communicate
that in the future that the Board wants to appoint its own representatives.
Commissioner Gordon suggested on the, "Be it further resolved" portion the following
language: "the Task Force is directed to report on the recommended site selection..."
A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
approve the Resolution Appointing a Rail Station Development Task Force and Calling for
Preparation of a Site Selection and Implementation Plan, with the amendments, as well as the
appointments as suggested.
RESOLUTION APPOINTING A RAIL STATION DEVELOPMENT TASK FORCE
AND CALLING FOR PREPARATION OF
A SITE SELECTION AND IMPLEMENTATION PLAN
WHEREAS, Orange County and the Town of Hillsborough have worked cooperatively on
planning initiatives surrounding the Town of Hillsborough; and
WHEREAS, Amtrak and NCDOT have indicated passenger train service is financially feasible
in the Hillsborough area; and
WHEREAS, the advent of a train stop in Hillsborough is a regional transportation initiative;
NOW, THEREFORE BE IT RESOLVED by the Hillsborough Town Board of
Commissioners/Board of Orange County Commissioners that a Rail Station Development Task
Force is hereby appointed to include representatives of the Hillsborough Planning Board, the
Orange County Unified Transportation Board, the Orange County Transportation Services
Board, 3 citizens, the Alliance for Historic Hillsborough, the Economic Development
Commission, and the Walkable Hillsborough Coalition.
BE IT FURTHER RESOLVED that the Task Force is charged to undertake the following work:
- Defining best practice criteria for selecting a location for a train station
- Apply the criteria to parcels in the Hillsborough area to select/recommend to both
government Boards a location for a Hillsborough station
- Investigate the established funding criteria and procedural steps to proceed with
station development and collect/report those items already prepared or readily
available for submittal to funders, including but not limited to: connectivity to other
services/infrastructure, such as buses, roads, parking which may not yet be in
place; supporting partner organizations and documents; documented or anticipated
benefits to the community; walkability
- Describing a schedule of tasks to be accomplished prior to initiation of service for
this train station
BE IT FURTHER RESOLVED that the Task Force is directed to report on the recommended
site selection at the joint meeting of the Hillsborough Town Board of Commissioners and Board
of Orange County Commissioners in February 2009 and the Task Force shall complete its
work no later than May 31, 2009 in the form of a final report document.
This the 28th day of October 2008.
VOTE: UNANIMOUS
3. Board of Commissioners Meeting Calendar for Year 2009
Laura Blackmon said that the staff was trying to move up the budget approval to early
June. She said that three work sessions in May that are not even related to the budget may
be burdensome. She suggested scattering the work sessions around.
The Manager's Recommended Budget presentation is scheduled for May 121h
Chair Jacobs suggested moving the work sessions to the latter part of June, assuming
the budget is adopted in early June.
Commissioner Foushee suggested thinking about moving meetings up to 7:00 p.m.
rather than 7:30 p.m. Commissioner Nelson agreed.
Commissioner Nelson said that there are also inefficiencies in the way that agendas
are currently laid out. These issues will be discussed at the upcoming Board retreat.
Commissioner Gordon said that the legislative breakfast is late and is in April this year.
She asked that someone check on this.
Commissioner Gordon asked about the regular meetings that are on Monday nights.
She does not want to switch the day of the week around for regular meetings.
Commissioner Nelson agreed and said that regular meetings should be consistent on
Tuesday nights.
The Manager will make some suggestions about moving the work sessions, etc. and it
will be brought back on a consent agenda.
4. Change in BOCC Regular Meeting Schedule for 2008
Chair Jacobs suggested starting the transfer station meeting at 7:00 p.m. The Board
agreed.
Commissioner Nelson suggested starting the retreat at 9:00 a.m.
A motion was made by Commissioner Nelson, seconded by Commissioner Foushee to
approve amendments to the regular meeting calendar for 2008 by adding a:
- Public Comment Session on the siting of a Waste Transfer Station on Monday,
November 171h, 2008 at 7:00 p.m. at the McDougal Middle School, 900 Old
Fayetteville Road, in Carrboro, N. C.
- Siting a location for the BOCC Mini-Retreat, which will be held on Friday, November
14, 2008 from 10:00 a.m. to 4:00 p.m. at Camp Chestnut Ridge, 4300 Camp
Chestnut Ridge Road, Efland, N.C.
VOTE: UNANIMOUS
5. Review of Capital Project Funds
Laura Blackmon made reference to a memo from Financial Services Director Gary
Humphreys, which pointed out some discrepancies in the review of capital project funds. A
bulk of the difference was from before the conversion in 2003 to the MUNIS system. The
differences are related to accounting issues, mostly. In several cases, the projects were
funded and the debt was issued, but the monies were not transferred from the General Fund.
Staff spent most of the summer going through this.
In the School Project Fund, there was $1,347,000 of unallocated alternative financing
dollars that could be allocated to specific projects. There was some unallocated bond funds in
the amount of $907,000. The School Capital Reserve Funds had $580,000 and the Closed
Projects had $455,000. The additional funds needed totaled $8,430,000, so this brings the net
shortfall to $5,141,000.
The County's Capital Project included Parks Open Space Bonds to be issued of
$5,500,000 and interest earnings totaling $850,000. The additional funds needed totaled
$7,100,000, so the net shortfall is $750,000. The total net shortfall is $5,891,000.
The auditors are now looking at the financial statements from last year. Staff is
recommending that, if the $5,891,000 is needed, that it be transferred in from the fund
balance. Staff wants to bring back the projects that need to be taken off the books.
Commissioner Gordon asked to see all of the project ordinances at once. Laura
Blackmon said that the staff has spent all summer on this and Commissioner Gordon can
come in and look at the information. Most projects have been completed and need to be off
the books.
The Board asked for examples of the types of projects that were overspent.
- Window replacements, did not get all of the revenue that was expected
- Mechanical systems, CHCCS
- Triangle Sportsplex
- Greenways
Laura Blackmon pointed out that if the fund balance were used for this balance, then it
would still be at 11.1% of expenditures, and 15% is the target.
Commissioner Nelson verified that the County does not have $6 million in funds
available, but only the authority to issue the bonds. It is important that the public understands
this.
Laura Blackmon said that her recommendation in the future is that the County should
not get approval for huge bond issuances because it sets up an expectation that a project is
going to be done. Debt should only be issued when the project is ready to be done.
Commissioner Gordon said that the Board promised to do the projects on the pink
sheet which had a list of the 2001 bond projects for parks, recreation, and open space. She
asked what was included in the $5.5 million.
Gary Humphreys said that for the aquatics center, most of the bond money has been
spent.
Commissioner Gordon said that she thought that some of these projects had been
done already.
Laura Blackmon said that the money is not there and more bonds would have to be
issued to finish the projects.
Commissioner Gordon said it has been seven years since these projects were
approved.
Chair Jacobs said that the Board is not satisfied with this item and it is getting late. He
suggested talking about this again on November 131h. The Commissioners can send questions
to the staff in the interim.
Commissioner Gordon said that at some point, she would like to know which projects
on the pink sheet are implicated before the Board gets into the CIP discussion.
Gary Humphreys said that he would work on this before the end of the meeting.
This issue will be addressed on November 131h
6. Third Party Representation in the Employee Disciplinary Process
Commissioner Foushee suggested that the Board just ask questions and not have a
presentation.
Commissioner Carey said that he read the Attorney's memo on this and understands
the constitutionality of the issue, but this was not why he raised the question. The government
has the constitutional right to do a lot of things, but Orange County does not necessarily do
them. He said that he raised this because he did not realize that Orange County did not allow
third-party representation in the employee disciplinary process, especially for people that may
not have the skills to talk to authority figures. He said that, during the disciplinary conference,
that both parties should have the right to have third-party representation. He said that he
realizes that the County has the constitutional right to maintain the ordinance, but he cannot
support going in that direction. He would like to change the ordinance.
Commissioner Foushee agreed with Commissioner Carey, but her concerns also
include the confidence of speech of an employee. She agrees with having a person to witness
the meeting to ensure the process is done fairly. She does not know at which point she would
suggest that an employee should have representation. She is also troubled that
documentation of allegations or charges is not where it should be.
Commissioner Nelson said that when this first came to the Board he thought that he
would agree with Commissioner Carey, but he has talked with some human resources experts
since about this and he is sympathetic to the notion that having attorneys can often complicate
things, but he is also sympathetic to having a third party. He is sure that the staff is neutral,
but if he were an employee, he would not view the HR staff as neutral because they work for
the County.
Chair Jacobs said that coaching and counseling before coming to the disciplinary stage
is very important. He does not think that it is fair to not let the employee have a third party to
at least listen in the meeting, especially when the employee's job is at stake and the staff
members have professional degrees, etc. The third party would not have to be an attorney.
Commissioner Carey agreed.
Chair Jacobs suggested talking to the State Employees' Association.
Annette Moore said that the State does not allow third parties at all. She thinks that the
main question in allowing a third party is related to the qualifications of the third party. There
are different models and she can look at these models.
The Board agreed and this item will come back by the November 18th meeting.
Annette Moore said that she would ask questions of the Office of State Personnel as
well as the Sherriff's Department and the Register of Deeds Office.
Michael McGinnis said that the intent of Human Resources is to help employees
communicate with their supervisors and to help supervisors work with their employees to avoid
these situations.
7. Proposed BOCC Retreat Process
Commissioner Nelson said that Chair Jacobs, Pam Hemminger, Donna Coffey, and
Laura Blackmon met with retreat facilitators about the needs of the Board of County
Commissioners and what to get out of the retreat.
The first half of the day is set aside to talk about issues regarding new Commissioners,
meeting time changes, and work sessions with multiple items.
The second half of the day is set aside to develop the shared vision of the County.
Laura Blackmon said that once the Board approves the process tonight, the staff will
bring back the contract with the consultants. She said that they are having a difficult time
setting up the December retreat.
Commissioner Gordon said that on the first retreat day, it is important to have the Board
and the appointed staff. In the subsequent days, she would advocate that it should just be the
seven County Commissioners, since this is the first year of this new composition. The County
Commissioners need to sit down and get to know each other.
Commissioner Nelson said that this was discussed, and it was decided that for the first
half of the first day it will be just the Board of County Commissioners, County Manager,
Attorney, and Clerk to the Board. The second half of the day, the staff would be there just to
observe the discussion.
Commissioner Gordon said that it should be made known from the outset that the
others are there as observers only.
Commissioner Nelson said that the list of 242 items from last year's retreat would be
made available to the County Commissioners, but the Board would not start out with this.
Commissioner Gordon asked about the six overarching goals from last year's retreat
and Commissioner Nelson said that those six goals are coming back at the retreat in the
afternoon.
Discussion ensued about the retreat process.
Laura Blackmon said that on November 141h, the Board would be looking at goals, but
by the half-day session, specific issues would be addressed.
Commissioner Foushee said that it seems essential to move to the January meeting.
The Clerk will poll the seven County Commissioners about dates for December.
8. Discussion of 2009-19 Recommended County Capital Investment Plan (CIP)
Budget Director Donna Coffey distributed a handout. There was a new Table of
Contents and there were also page cross-references as requested by the County
Commissioners. She went over the goldenrod sheet.
Laura Blackmon made reference to the abstract, which highlighted the additional penny
from the capital funding policy, and the three cents for school capital projects and one cent for
County capital projects with pay-as-you-go. Appendix D has a list of all of the needs.
Appendix D-2 is a proposal for the one cent—Jail HVAC system replacement for$900,000;
Historic Courthouse HVAC system replacement for$250,000; Court Street Annex HVAC
system replacement for$200,000; and 501 W. Franklin Street HVAC system replacement for
$100,000.
Laura Blackmon said that the growth rate and the debt capacity are going to slow down
significantly in the coming years. The 7% growth rate that has been used in the past is not the
experience right now.
Donna Coffey said that the 7% was based on direction from the Board two falls ago
when the average growth rate was 9%. Over the last couple of years, the growth rate average
has been 6%.
Chair Jacobs said that he thought that a couple of projects were left out.
Commissioner Gordon distributed a handout about Option A: Lease/Purchase
Hillsborough Commons.
Chair Jacobs said that the Board has talked in the past about doing more for the Efland
Community Center and it is not on the capital work sheet.
Chair Jacobs also made reference to libraries and said that it looks like in the next ten
years, the County is not addressing any other library that has been recommended except for
southwest Orange and not Cheeks. He did not know that the Board had decided that in the
next ten years that it would not even address Cheeks. He wanted to flag this.
Commissioner Gordon asked what happened to astro-turfing the soccer field at Smith
Middle School. Also, regarding the increases in renovations, the Link Center renovations went
up $200,000 from last year. The Animal Services Facility also went up. She asked about
these increases. Regarding Twin Creeks, there is an item that suggests taking $275,000 from
the bond money to do renovations at other parks. She does not want to do this.
Commissioner Gordon said that her feeling is to think about Twin Creeks very seriously.
She would like to investigate the possibility of looking into a linear park here so that people
could at least walk through the property. The infrastructure is the stumbling block for Twin
Creeks.
This item is coming back to the Board on November 131h
Laura Blackmon said that the two school systems would also be making capital
presentations on November 131h
Commissioner Nelson said that the Board just spent two hours talking about other stuff,
and did not get to the CIP. He is frustrated and he wants to insist that work session agendas
should be kept at a minimum.
Chair Jacobs suggested inviting the school representatives at 8:30 p.m. on the 131h
A motion was made by Commissioner Carey, seconded by Commissioner Foushee to
adjourn this meeting at 10:0 p.m. to Thursday, November 6, 2008 at 7:00pm at the F. Gordon
Battle Courtroom in Hillsborough, North Carolina.
VOTE: UNANIMOUS
Barry Jacobs, Chair
Donna S. Baker, CMC
Clerk to the Board