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Home My Public Portal About06-29-1999 Budget Session . . e OgO RESOLUTION TOWN OF HILLSBOROUGH PROBATIONARY PERFORMANCE APPRAISALS WHEREAS, the Town of Hills borough endeavors to insure the Town's pay plan is fair and competitive; and WHEREAS, the Town has adopted an Ordinance (#9906291) by which an employee's Employment Date would always be their Anniversary Date on which they would be evaluated; and WHEREAS, each employee would have a Probationary Performance Appraisal conducted 6 months from their Employment Date (with the exception of Sworn Police Officers which would serve a 12 month Probationary Period) and then be eligible for an Annual Performance Evaluation for Merit Increase on their Anniversary Date; and WHEREAS, all employees who are Promoted, would serve a six month Probation Period from the date of Promotion and remain eligible for an Annual Performance Evaluation for Merit Increase on their Anniversary Date; and NOW, THEREFORE, BE IT RESOLVED by the Town of Hillsborough Board of Commissioners that the Town does hereby authorize the Town Manager to proceed with these amendments, making them retroactive to 07-01-1998 for any applicable salaries. ~~. Horace H. Johnson, Sf., Mayor Town of Hills borough . . . 077 MINUTES HILLSBOROUGH TOWN BOARD June 29, 1999 The Hillsborough Town Board held an End of Year Budget Session on June 29, 1999 at8:30 AM in the Police Department Training Room. Town Board Members present for the meeting were Mayor Horace H. Johnson, Sr., Commissioners, Frances Dancy, Kenneth Chavious, Richard Simpson, Evelyn Lloyd and Catherine Martin. Staff present were Town Manager Eric Peterson, Town Clerk Donna F. Armbrister, and Finance Director Sherry Carter. Mayor Horace H. Johnson, Sr., called the meeting to order at approximately 8:35 AM. 1. PUBLIC CHARGE Mayor Johnson read the Public Charge. 2. ADDING ITEMS TO THE PRINTED AGENDA Town Manager Eric Peterson requested to add an Ordinance amendment and a Resolution to the Printed Agenda. These were added as Items 5 .1.A and B. 3. CONSIDERATION OF MISCELLANEOUS YEAR END BUDGET AMENDMENTS Finance Director Sherry Carter presented the year end budget amendments and encumbrances for the Board's consideration. Upon a motion by Commissioner Martin, seconded by Commissioner Dancy, the Board moved to approve the Budget Amendments as presented by a vote of 5-0. The motion was declared passed. A copy of these Budget Amendments are hereby made a part of these Minutes as an Attachment. Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board moved to approve the Budget Encumbrances as presented by a vote of 5-0. The motion was declared passed. A copy of these Budget Encumbrances are hereby made a part of these Minutes as an Attachment. 4. CONSIDERATION OF A RESOLUTION ACCEPTING THE DEDICATION OF NEW STREET RIGHTS-OF-WAY FOR OWNERSHIP AND MAINTENANCE Town Manager Eric Peterson presented the Resolution for the Board's consideration explaining that this Resolution adds these streets for ownership and maintenance by the Town to the Powell Bill map. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to adopt the Resolution Accepting the Dedication of New Street Right-of-Way for Ownership and Maintenance as presented by a vote of 5-0. The motion was declared passed. A copy of the Page 1 078' Resolution is hereby made a part of these Minutes as an Attachment. . 5. CONSIDERA TION OF MEMORANDUM OF UNDERSTANDING WITH THE BROUGH I,A W FIRM TO PROVIDE LEGAl.. SERVICES FOR THE UPCOMING FISCAL YEAR Town Manager Peterson reviewed the Memorandum of Understanding for Legal Services for the Board. Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved to approve the Memorandum of Understanding with the Brough Law Firm to provide Legal Services for the Upcoming Fiscal Year as presented by a vote of 5-0. The motion was declared passed. ADDED ITEM 5.1.A CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 4, ARTICLE II, SECTION III OF THE TOWN CODE TO CHANGE THE PROBATIONARY PROCEDURES Town Manager Peterson presented the Ordinance amendment for the Board's consideration explaining the amendment would set the Anniversary Date for new employees as their Employment Date from this date forward and that date would no longer change due to Promotions. .. Manager Peterson further explained that the amendment would also eliminate the 18 month waiting period for evaluations after Probationary Periods. Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board made a motion to adopt the Ordinance Amending Chapter 4, Article II, Section III ofthe Town Code to Change the Probationary Procedures as presented by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these Minutes as an Attachment. ADDED ITEM 5.1.B CONSIDERATION OF A RESOLUTION TO MAKE ALl, EMPLOYEE ACTIONS AFFECTED BY THE AFOREMETIONED ORDINANCE AMENDMENT BE RETROACTIVE TO 07-01-1998 FOR ANY APPLICABLE SALARIES Manager Peterson presented the Resolution for the Board's consideration. Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board made a motion to approve the Resolution to Make All Employee Actions Affected by the Aforementioned Ordinance Amendment be Retroactive to 07-01-1998 For Any Applicable Salaries as presented by a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby made a part of these Minutes as an Attachment. . Commissioner Simpson requested that a review of the Zoning Procedure process be added the printed agenda for the July Board Meeting. 6. ADJOURN Page 2 . . . 079 Upon a motion by Commissioner Dancy, seconded by Commissioner Martin, the Board moved to adjourn at approximately 9:35 AM by a vote of 5-0. The motion was declared passed. ~~ Respectfully submitted. Donna F. Armbrister, CMC Town Clerk Page 3 Town of ~tU~ 080 gh BUDGET AMENDMENTS JUNE. 1999 GENERAL FUND BEFORE ADJ. ADJ. AFTER ADJ. REVENUE: 10-3350-100 MiSC.-Confiscation %AGE $6.642 $834 $7.476 EXPENDITURES: 10-5100-571 Police-Misc.lDrug Buy Money $14.756 $834 $15.590 To fund receipt of substance abuse taxes and restitution payments. GENERAL FUND REVENUES: 10-3980-100 Powell Bill Appropriated $14.042 $14.000 $28.042 EXPENDITURES; .0-4200-010 Admin.-Overtime Compensation $ $ 150 $ 150 ". 0-4400-01 0 Finance-Overtime Compenation $ $ 1,500 $ 1,500 10-4400-080 Finance-Training $ 600 $ 1,800 $ 2,400 1 0-4400-450 Finance-Cont. Serv .ICopier $ $ 500 $ 500 10-4400-451 Finance-Tax Collection $ 8,500 $ 3,500 $ 12,000 10-5000-150 Ruffin-Roulhac/Bldg. MainVRepai r $ 4,000 $ 5,000 $ 9,000 10-5000-970 Ruffin-Roulhac/Serv Chg W/S $ (6,200) $ (2,500) $ (8,700) 10-5300-150 Fire-Bldg. Mai nt./Repair $ 5,000 $ 5,000 $ 10,000 10-5550-010 Motor Pool-Overtime Compo $ $ 100 $ 100 10-5600-150 Street-Landscaping $ 1,000 $ 1,500 $ 2,500 10-5600-520 Street-Faucette Mill Right-Way $ 11,100 $ 5,000 $ 16,100 10-5600-570 Street-Miscellaneous $ 200 $ 1 .400 $ 1,600 10-5700-330 Powell Bill-Dept.Supplies $ 6,500 $ 3,000 $ 9,500 10-5700-762 Powell Bill-Patch & Resurface $ 57,600 $ 11,000 $ 68,600 10-5800-452 Sanitation-Cont.Serv-Wood Chip $ 8,000 $ 5,000 $ 13,000 10-6400-150 Cemetery-MainVRepair $ 500 $ 1,300 $ 1,800 10-5100-020 Police-Salaries $ 778,700 $ (10,950) $ 767,750 10-9990-000 Contingency $ 18.300 $ (18.300) $ $ 893.800 $ 14.000 $ 907 ,800 WATER FUND REVENUES: 30-3290-1 00 Interest Earned-IFA $ $ 22,000 $ 22,000 30-3490-000 CDBG Grant $ $ 4,600 $ 4,600 30-3990-000 Fund Balance Appropriated $ 128.326 $ (26,600) $ 101.726 . $ 128.326 $ 128.326 137 North Churton Street · P.O. Box 429 · Hil/sborough, North Carolina 27278 919-732-2104 · Fax: 919.732.1028 081 .PENDITURES: 0-7220-614 Eng.-Service Chg.lRuffin-Roulhac $ 6,200 $ 2,500 $ 8,700 30-8120-010 Water Plant-Overtime Camp. $ 22,000 $ 7,000 $ 29,000 30-8120-480 . -Purchase Water $ 50,000 $ 94,000 $ 144,000 30-8120-550 . -Alum Sludge Removal $ 65,586 $ (50,000) $ 15,586 30-8140-010 Water Disl.-Overtime Camp. $ 10,000 $ 5,000 $ 15,000 30-8140-330 . -Depl. Supplies $ 53,779 $ 10,000 $ 63,779 30-814C . -Capital Improvements $ 17,256 $ (10,000) $ 7,256 30-8200-010 WW Coll.-Overtime Camp. $ 10,000 $ 5,000 $ 15,000 30-8200-330 . -Depl. Supplies $ 29,000 $ 10,000 $ 39,000 30-8200-730 . -Capital Improvements $ 35,000 $ ( 15,000) $ 20,000 30-9990-000 Contingency $ 104,387 $ (58.500) $ 45,887 $ 403.208 $ 403.208 To balance departmental accounts for year end. APPROVED: S:tJ I t .;J-9f VERIFIED: ~ Donna F. Armbrister, Town Clerk . . 082 . ADDITIONAL ENCUMBRANCES FOR PURCHASE ORDERS ISSUED PRIOR TO 6/30/99 GENERAL FUND 10-4200-331 10-4200-570 10-5100-332 10-5100-571 . ~ Admin.-Dept.Supplies/OSHA $ Admin.-Miscellaneous $ Police-Supplies/lnv. & Narc. $ Police-Misc.-Confiscation %AGE $ 720 375 610 341 PO#10927 PO#11400 PO#11424 PO#11351 $ 2,046 WATER FUND 30-8120-340 Water Plt.-Outside Lab Servo $ 1,274 PO#11099 30-8120-340 Water Plt.-Outside Lab Servo $ 1,200 PO#11124 30-8140-740 Water Dist.-Equipment $ 25,000 PO# 11413 30-8220-150 WWTP-Plant/Equip. Repair $ 695 PO#11422 30-8220-150 WWTP-Plant/Equip. Repair $ 600 PO#11318 30-8220-150 WWTP-Plant/Equip. Repair $ 3,500 PO#11399 30-8220-320 WWTP-Chemicals $ 2,080 PO#11372 30-8220-740 WWTP-Equipment $ 20,000 PO#10641 $ 54,349 APPROVED: s:;C/ ~-~-?'J ~~ct~#A- VERIFIED: Donna F. Armbrister, Town Clerk . ENCUMBRANCES FROM 1998-1999 TO 1999-2000: GENERAL FUND 10-4900-451 10-4900-741 10-5100-571 10-5550-330 1-=5600-450 1 0-5600-452 1 0-6400-771 10-6650-000 10-6900-900 10-6900-901 10-6900-910 1 0-6900-930 10-6900-960 10-6900-961 10-6900-962 10-6900-963 WATER FUND ._ 30-7220-750 30-7240-740 30-8200-730 30-8220-731 Plan n ing-Cont. Serv IPri n ting Planning-Cap.lMurray S1. Park Police-Misc.lDrug Buy Money %AGE Motor Pool-Dep1. Supplies Street-Cont.Serv/RR Crossings Street -Cont. Serv.lS idew al ks Cemetery-Margaret Lane Housing Consortium Orange Co.lEno Park Fairview Park Study Occoneechee Park Agency Contributions Fairview Proj/Park-Construction Fairview Proj/Park-Maint./Repair Fairview Proj/Park-Telelphone Fairview Proj/Park-Utilities Engineering-Capacity Use Weir Meter Reading-Equipment WW Coll.-Capitallmprovements WWTP-Capital Improvements APPROVED:j':" tJ / ~ -..;9-71'1 ~/~~ VERIFIED: ~ Donna F. Armbrister, Town Clerk 08.3 $ 2,500 $ 9,000 $ 6,281 $ 3,897 $ 2,512 $ 2,500 $ 2,128 $ 4,350 $ 18,777 $ 5,000 $ 21,659 $ 4,000 $ 35,000 $ 500 $ 600 $ 1.500 $ 120,204 $ 11,690 $ 3,000 $ 8,000 $ 170,000 $ 192,690 . . , Attachment IV 084 RESOLUTION ACCEPTING THE DEDICATION OF NEW STREET RIGHTS-OF-WAY FOR OWNERSHIP AND MAINTENANCE WHEREAS, the following streets have been offered to the Town of Hills borough for public ownership and maintenance; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH, the Town does hereby formally accept the dedication ofthe following street rights-of-way: Street Name Length (convert feet to hundredths of a mile) .19 .08 .30 .03 .21 .08 .21 Sweet Gum Drive (Remainder) Brick Hearth Drive (Remainder) County Seat Drive Hooper Court John Earl Street Old Dogwood Street Meadowland Drive (Remainder) The foregoing Resolution having been submitted to a vote, received the following vote and was duly adopted this ,;f>K day of -::!i.tA/e. /?~? . , Ayes: .s- Noes: ~ Absent or Excused: -1)-- ~- --)l !J. '- - -- Horace H. Johnson, Sr., Mayor Town of Hills borough Attest: ATIACHMENT V THE BROUGH LAW FIRM _ICHAEL B. BROUGH LIAM C. MORGAN, JR. NICHOLAS HERMAN BERT E. HORNIK, JR. . - Eric Peterson, Manager Town of Hillsborough Post Office Box 429 Hillsborough, North Carolina 27278 Dear Eric: 085 1829 E. FRANKLIN STREET. SUITE 800-A CHAPEL HILL, Nolmt CAROUNA 27514 TEL (919) 929-3905 . FAX (919) 942-5742 broughlawfirm@mindspring.com wcmorgan@mindspring.com gnherman@mindspring.com June 17,1999 Enclosed are two executed copies of the memorandum of understanding for attorney services for fiscal" 1999-2000. The format is the same as in previous years, and as we have customarily done, the hourly rate is the same as that charged to the Town of Carrboro. That rate remains considerably less than I charge other municipal clients and far less than I charge other private clients. I continue to regard it as a privilege to serve as Hillsborough's Town Attorney. If the Board approves the agreement, please return one copy to me. MBB:sc Enclosures Sincerely, THE BROUGH LAW FIRM ...,;'" ".}J '/ '1;'4 Michael B. Brough . . . 086 NORTH CAROLINA ORANGE COUNTY MEMORANDUM OF UNDERSTANDING 1. Parties. The parties to this memorandum of understanding ("memo") are the Town of Hillsborough (the "Town") and The Brough Law Firm ("Law Firm"). 2. Purpose. The purpose of this memo is to set forth the understanding between the parties concerning the nature of the relationship under which the Law Firm shall serve as the Town Attorney. 3. Scope of Service. In consideration of the compensation set forth below, Law Firm shall continue to perform for the Town all of the legal services required by the Town as set forth herein. Such services shall include, without limitation, consultation with the Board of Commissioners and town staff, attendance upon request at the Board of Commissioner's meetings, and the meetings of other boards, drafting and/or review of ordinances and other documents, and representation of the Town in litigation. Not included within the scope of covered services are services customarily performed by outside bond counsel. 4. Services Performed Principally bv Michael B. Brough. The parties acknowledge . and agree that the services covered under this memorandum shall generally be performed by or under the specific direction of Michael B. Brough. However, the full resources of the Law Firm shall be available to the Town and other members of the firm may assist the Town when requested to do so by the Town or when Mr. Brough is unavailable or when it is otherwise cost effective for the Town to do so. In addition, the Law Firm may subcontract with other firms or individuals to have certain services performed for the Town, such as title searches, but the Law Firm shall remain responsible to the Town for the quality and timeliness of these services. Payment for these subcontracted services shall be made by the Law Firm and shall be charged to the Town on the Law Firm's monthly invoice. 5. Compensation. The Town shall pay to Law Firm for legal services rendered during fiscal year 1999-2000 on a monthly basis according to the services performed during each month. Monthly invoices shall indicate the number of hours worked and the fees shall be calculated according to the following rates. Michael B. Brough $121 William C. Morgan, Jr. $111 G. Nicholas Herman $111 Robert E. Hornik, Jr. $111 Ordinary office expenses shall continue to be charged in accordance with the attached statement. . . -~. .~ 087 6. Duration. Termination. This memorandum shall govern the relationship between the parties for the period July 1, 1999 through June 30, 2000. The relationship established under this memorandum may be terminated upon ten (10) days written notice by either party. Payment shall be made for services rendered through the date oftermination. ___ This memorandum of understanding is executed by the parties this ~day of J tt!f)~ , 1999. TOWN OF HILLS BOROUGH BY; E~ffig THE BROUG~1'A W FIRM BY; 22P13~;l Mi ael B. Brough A TrEST: ~c/~L D nna Armbrister, Clerk . Provision for payment has been made by an appropriation duly made or bonds or notes duly authorized, pursuant to the Local Government Budget and Fiscal Control Act. ~6(Jau:&- - . - 088 COMPENSATION FOR SERVICES Statements for services rendered by The Brough Law Firm will be prepared at the end of each calendar month for the work performed during the previous month. Your monthly statement will consist of two parts: an itemized breakdown of professional services and a list of expenses and costs advanced. The professional serv:ices portion of your statement will be based upon the following hourly rates for the attorneys who work on your case: Michael B. Brough William C. Morgan, Jr. Nicholas Herman Robert E. Hornik, Jr. $121.00 $111.00 $111.00 $111.00 Your statyment will indicate the services performed and the date, the attorney performing the services, the hourly rate, and the total. It will also include an itemized list of additional expenses and costs advanced. These include: . Photocopy charges for non-routine copying done for the client outside the office. . Private express mail carriers such as Federal Express. . Paralegal services at a rate of$50.00 per hour. . Law clerk services at a rate of $35.00 per hour. . Mileage and travel expenses outside Orange, Durham, Wake & Chatham counties. . Filing, service of process, and other fees associated with litigation. . Fees for recording deeds and other instruments. Statements will be mailed by the 10lh of each month and are overdue if payment is not received by the end of that month. Interest at the rate of l!1z% per month shall accumulate on balances not paid within thirty days after the date such balances become overdue. Any retainer received from you will be deposited in our trust account and used to pay your monthly statements. To the extent our statements exceed the retainer amount, payment will be expected as indicated above. If payment in full is' not received by the 15th of the month following the month in which a statement is issued, no additional services will be performed in your behalf and thereafter .services will be performed only if and to the extent that additional funds are deposited in our trust account to ensure payment of our statements as they become due. - . e ORDINANCE NO. 9906291 089 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE II, SECTION III OF THE TOWN CODE TO CHANGE THE PROCEDURE FOR ADMINISTERING PERFORMANCE EVALUATIONS FOLLOWING PROBATIONARY PERIODS THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS: Section 1. Chapter 4, Article II, Section III of the Town Code is amended by adding a new procedure to read as follows: SECTION III Procedures Probationary Appraisals Probationary appraisals'for new employees will be conducted halfway through the probationary period (at 3 months for general employees and at 6 months for police personnel). Supervisors are encouraged to conduct informal appraisals more often as needed. Probationary employees must receive no "Below Standard' ratings in order to move from probationary to regular status. After the successful completion of the probationary period (6 months for general employees; 12 months for sworn law enforcement officials), the employee will be eligible for a salary increase of 6%. A performance evaluation will be conducted at the end of the probationary period, but the scoring will only be used as a guideline for future performance and goal setting - not to calculate the monetary increase. The employee would also be eligible for any approved Cost of Living increase for that fiscal year. After successful completion of the Probationary Period, the individual would then be eligible for a merit increase lwv y~<u:) hvm the same year and each subsequent year of employment on the date of their employment. (pROPOSED AMENDMENT 06-29-99) Section 4-9 Changes in .Job Status (a) Promotion. An employee who is promoted shall serve the first six months of the promotion in a probationary status. During the six-month probationary period, a promoted employee may be demoted at any time the Town Manager determines that the employee cannot meet the qualifications for the position. Upon successful completion of the probationary period, the employee is eligible for a salary increase of 6% (general employees and law enforcement). A performance evaluation will be conducted at the end of the probationary period, but the scoring will only be used as a guideline for future performance and goal setting - not to calculate the monetary increase. After successful completion of the Probationary Period, the individual would then be continue to be eligible for merit increases two yea1S [10ui th~~ fho111Vt.on dak (u~w ~ V~1Sa1y date) the same year and each subsequent year of employment on the date of their employment. An employee demoted during the first six -months after a promotion shall not be entitled to utilize the - procedures for appeal of disciplinary actions set forth in Section 4-44. (pROPOSED AMENDMENT 06-29-99) Section 2. All provisions of any Town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this the S day of ..::JUI1.(., , 1999. Ayes: 6 Noes: e Absent or Excused p ~~ Donna F. Armbrister Town Clerk