Durham County Government
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THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

Monday, February 22, 1999

7:00 P.M. Regular Session

AGENDA

  1. Opening of Regular Session—Pledge of Allegiance

  2.  
  3. Agenda Adjustments
  1. Minutes
    1. December 14, 1998 Quasi-Judicial Public Hearing
    2. January 4, 1999 Worksession
    3. January 11, 1999 Regular Session
  1. Resolution—Dr. Johnnie Blunt McLester
  2. A resolution will be presented to honor the life of the late Dr. McLester.

  1. February Anchor Award Winners-–John Blake and Nathan Williams
  2. John Blake and Nathan Williams of the Durham County Library are co-winners of the February Anchor Award. Recently, the Parkwood Branch Library experienced extensive renovations. These two employees contributed to the project’s success by working weekends and after-hours to perform various tasks associated with the renovation. Their hard work saved the County time and money. Priscilla Lewis, Director of Branch Services, nominated the two for this award.

    County Manager’s Recommendation: Present February Anchor Awards to John Blake and Nathan Williams, along with the sincere congratulations of the entire organization.
     

  3. Presentation of Library Program Awards to Tracy Babiasz, Technology Librarian, and Nancy Blood, the Library’s Hispanic Services Team Leader

  4. The Library Director requests the opportunity to present North Carolina Public Library Directors Association Awards for 1998 to Tracy Babiasz and Nancy Blood so they may receive public recognition for their contributions to library service development and excellence.

    Ms. Babiasz was awarded the Outstanding Staff Development Program Award for her Staff Internet Incentive Program. This program consisted of two components: (1) comprehensive training of library staff system wide in Internet core competencies with follow-up opportunities for skill development; and (2) a rewards program for "success on the superhighway." The training component involved one-on-one
    three-hour sessions with more than 130 staff. Ms. Babiasz prepared reference manuals and webliographies for staff to have on hand as they practice and provide service. Friends of the Library funded the rewards program. Prizes have been given for naming the Internet initiative, completing an Internet Treasure Hunt, and interesting "success on the superhighway" stories. The program has had a very positive effect on staff confidence and attitudes regarding the Internet and has provided excellent preparation for this new service.

    The Library also received the award for Outstanding Service Innovation for its Hispanic Services initiative. This initiative was the result of interested library employees coming together on their own to develop services and leverage resources to respond to the needs of the growing Hispanic community in Durham. Their efforts resulted in focus groups with Latino residents, bookmobile stops in neighborhoods with large Latino populations, Spanish language materials added to the library’s collection, bilingual story hours and parent workshops, translation of informational brochures, a weekly conversation group for new international residents, and special exhibits. Ms. Blood chaired this effort which involved staff throughout the library system.

    Resource Person: Dale Gaddis, Library Director

    Tracy Babiasz and Nancy Blood will be on hand to receive the awards.

    County Manager’s Recommendation: That the Library Director be given the opportunity to present these awards and that the County express its congratulations and appreciation for these achievements.
     

  5. Consent Agenda

  6.  
    1. Set meeting date—Board of Education/Board of County Commissioners (for March 22, 1999 at 5:00 p.m. in the County Commissioners’ Meeting Room);
    2. Establishment of Sedimentation and Erosion Control Officer position (approve the position);
    3. FY1998-99 Budget Ordinance Amendment No. 99BCC000041—Library (approve and expend EZ-LSTA Basic Equipment Grant #2 in the amount of $10,000);
    4. FY1998-99 Budget Ordinance Amendment No. 99BCC000042—Library (recognize and expend Technology Fund receipts in the amount of $36,800);
    5. FY1998-99 Budget Ordinance Amendment No. 99BCC000044—Cooperative Extension (authorize transferring $52,218 from Northeast Central Durham to Cooperative Extension);
    6. FY1998-99 Budget Ordinance Amendment No. 99BCC000045—Upper Neuse River Basin Association membership (approve the budget transfer in the amount of $7,927);
    7. Department of Social Services (approve amendment in the amount of $21,561 to establish a position to provide family planning service outreach to Work First recipients);
    8. FY1998-99 Budget Ordinance Amendment No. 99BCC000046—Ellerbee Creek survey (approve the additional appropriation of $1,500 and give authorization to proceed with this contract); and
    9. Discussion of City/County consolidation proposal (approve the proposal developed by the County Commissioners during their February 15, 1999 planning retreat).
    Note: The purpose of a consent agenda is to handle consensus items with one motion to save time on meeting agendas. Any item a Board member pulls for discussion should be placed at the end of the agenda so public hearings can be concluded as early as possible. This will provide for the least inconvenience to the general public attending the public hearings.
     
  1. Office of the Sheriff--1998 Local Law Enforcement Block Grant Funds—Public Hearing and Budget Amendment Agenda
  2. The Office of the Sheriff submitted an application for Durham County’s share of the 1998 Local Law Enforcement Block Grant (LLEBG) and received subsequent approval of a $51,796 block grant award from the U.S. Department of Justice--Bureau of Justice Assistance. The purpose of the LLEBG program is to reduce crime and improve public safety. The award can be used only in accordance with the seven purpose areas described in the statute.

    These intergovernmental funds awarded to Durham County will be used for the Sheriff’s Criminal Justice Integrated Network (CJIN) enhancements for Law Enforcement and upgraded portable radios for the Sheriff’s Emergency Response Team unit. The Sheriff established an advisory board, as specified by the grant, which met on January 21, 1999 to recommend the proposed use for these funds. The Sheriff’s Criminal Justice Integrated Network Law Enforcement enhancements are for $37,180 of computer equipment and upgrades for network servers for the Law Enforcement Records Management System (RMS). The Sheriff’s internal technical staff will install and support these network enhancements. County IT staff will provide expert assistance and coordination as needed. The remaining $20,371 will be used to purchase 12 new, upgraded encrypted portable radios with headsets for the Sheriff’s Emergency Response Team (SERT). Such equipment and technology enhancements will improve the communications and information systems for the entire Sheriff’s Agency.

    One of the special conditions of this grant award program is to conduct a public hearing to receive public comment as to the use of these funds. This public hearing has been advertised in the Durham Herald-Sun on February 13, 14, 20, and 21, 1999 for proper public notification.

    No additional County funding is required and no subsequent year budget impact is anticipated. The Office of the Sheriff will provide the required grantee local cash match of $5,755 from its current budget. The total appropriation is for $57,551; the revenue recognized is for $ 51,796 from the grant award.

    Janet Birenbaum, the Sheriff’s Comptroller, and other representatives from the Sheriff’s Office will be present to discuss their recommendations to the Board and to respond to any questions.

    County Manager’s Recommendation: We congratulate the Sheriff on applying for and receiving another Local Law Enforcement Block Grant to continue these traditional improvements. The Sheriff’s Office has traditionally used the LLEBG funds, received in 1996 and 1997, for improving and upgrading the agency’s equipment and technological infrastructure. This equipment will also assist in implementing the comprehensive plans of the Durham Crime Cabinet. It is recommended to conduct the public hearing to receive public comment, and then approve the Advisory Board’s recommendation for the proposed use of the 1998 LLEBG award funds.
     

  3. Public Hearing--Thelma W. Rigsbee (Rezoning Case P98-78)
  4. Thelma W. Rigsbee will present to the Board of County Commissioners a request to rezone a 19,628-square-foot lot on the west side of Peyton Avenue, south of US 70 (TM 656, Block 6, Lot 27). Request: R-20 (Residential 20) to GC (General Commercial District). The 2020 Plan supports Suburban Neighborhood uses; the site is outside but adjacent to the Regional Corridor Study Area, which follows the rail-lines near Miami Boulevard. The Southeast Durham Small Area Plan supports commercial use of this site. Staff recommends approval. The Zoning Committee of the Durham Planning Commission conducted a public hearing on January 12, 1999, and voted 7-0 to recommend approval.

    Neil Heinberg, Senior Planner, Durham City-County Planning Department, will be present to answer any questions of staff regarding the request.
     

  5. Public Hearing to Consider Amendments to Ambulance Franchise Ordinance
  6. The Board is requested to hold a public hearing to consider changes in the Ambulance Franchise Ordinance. With the transfer of the Emergency Medical Services (EMS) to Durham County government from the hospital, the opportunity is now present to assign the responsibility for enforcement of the Ambulance Franchise Ordinance to an EMS director. This will allow for better coordination of ambulance services in the County. The ordinance is also being updated to be in conformance with the Durham County Emergency Medical Services Council bylaws and duties along with minor text changes. The County Attorney drafted the changes to the ordinance.

    J. M. Tezai, EMS director, will be present to answer any questions. The EMS Council has approved these proposed changes.

    County Manager’s Recommendation: Hold the public hearing and approve the changes after the public hearing if they appear appropriate.
     

  7. Request to Allocate Fund Balance (Account #3118)
  8. Staff is requesting the Board allocate $111,592.71 from fund balance account #3118. This account is designated for real estate purchases. Account #3118 currently has a fund balance of $249,917.50.

    The funds will be used to pay off the first mortgage for property located at 915 and 923 North Mangum Street (tax parcel, 121-03-012/013). The County holds a second mortgage in the amount of $55,124.00 on this property. The first mortgage is held by Mutual Community Savings Bank. The County holds a second mortgage on the property because in 1986 the County issued bonds to create a loan program to rehabilitate houses to increase the stock of affordable housing. The City Housing Department administered the loan program. Individual loans were brought before the Board for approval.

    In this case, the Board approved a loan in 1993 to Mangum Arms Limited Partnership to renovate the houses located at 915 and 923 North Mangum Street. However, the County did not receive any loan payments from the partnership and foreclosed on the property in December to protect its financial interest. The County must now pay off the first mortgage to market the property for private sale.

    Resource Person: David Powell, Economic Development/Real Estate

    County Manager’s Recommendation: Allocate $111,592.71 from fund balance account #3118 to pay off the first mortgage to Mutual Community Savings Bank for property located at 915 and 923 North Mangum Street. Direct staff to market and sell property.

  1. 1999 Durham County Legislative Agenda
    Deborah Craig-Ray, Governmental Affairs Director, and Kim Grantham, Assistant County Attorney, have made requested changes to the proposed 1999 Durham County Legislative Agenda. The Board is requested to review the proposed items and vote on the final list to be presented to the Durham Delegation at the upcoming legislative breakfast meeting on March 8.

    Resource Persons: Deborah Craig-Ray and Kim Grantham
     

  1. Juvenile Crime Prevention Council
  2. The General Assembly enacted the Juvenile Justice Reform Act of 1998 to provide funding for programs aimed at youth adjudicated delinquents who remain in the community under an intermediate or community sanction. To qualify for funds, a county must establish a Juvenile Crime Prevention Council. Due to the shared duties and membership requirements of the Youth Coordinating Board and the Juvenile Crime Prevention Council, the Youth Coordinating Board recommends that the Juvenile Crime Prevention Council be a subcommittee of the Board. All recommendations of the Juvenile Crime Prevention Council will be presented to the Youth Coordinating Board for endorsement. The Youth Coordinating Board will submit those recommendations to the Board of County Commissioners for approval.

    Resource Person: Anita A. Daniels, MSW, Youth Coordinating Board Director

    Supporting Documentation: Senate Bill 1260, N.C.G.S.§ 147-33.48. and § 147-33.49, Proposed Transition Plan and Proposed Juvenile Crime Prevention Council Membership.

    County Manager’s Recommendation: Approve the Proposed Transition Plan and Membership to transfer oversight responsibilities of the existing Durham County CBA Youth Services Advisory Board to the Juvenile Crime Prevention Council per Senate Bill 1260, N.C.G.S. § 147-33.48. and § 147-33.49 and make the Council a subcommittee of the Youth Coordinating Board.
     

  3. Nomination List for the Durham Workforce Development Board
  4. The Durham Workforce Development Board is requesting approval of the nomination list for new appointments. All members of the Workforce Development Board are made by appointment only for two-year terms by the Board of County Commissioners and City Council. A majority (51%) of the membership must be representatives of the private sector who are selected from nominations submitted by the Greater Durham Chamber of Commerce and the Durham Business and Professional Chain. The balance of the membership include representatives of educational agencies, rehabilitation agencies, economic development agencies, community-based organizations, organized labor, public assistance, and the employment service. Fifteen percent (15%) of the members are representatives from community-based organizations and organized labor.

    To approve the nomination list as submitted, the Board of County Commissioners will need to amend its policy for appointments. The current policy restricts membership to County-appointed boards to Durham County residents. Although the nomination list includes Durham-based organizations, not all of the individuals are residents of Durham County. The Board will need to specifically exclude Workforce Development Board appointments from this requirement.

    Mr. Ted Abernathy, Director of Economic & Employment Development with the City of Durham, has worked closely with the Chamber of Commerce and the Business and Professional Chain to submit a strong group of representatives for the Board’s consideration. His goal in selecting members is to recruit representatives of the private sector that hold influential positions in the business community and also represent the industrial and demographic composition of our community as a whole.

    Resource Persons: David Powell, Economic Development/Real Estate, Ted Abernathy, Economic & Employment Development (City of Durham)

    County Manager’s Recommendation: Consider amending the policy for appointments to specifically exclude Workforce Development Board appointments from the residency requirement. If amended, approve nomination list as submitted.
     

  5. Request to Schedule Special Meeting
  6. Staff is requesting the Board schedule a special meeting to discuss the status of the facility master plan. An internal selection committee has recommended to the County Manager to select the team of O’Brien-Atkins, PA and GSA, Ltd to conduct a space needs assessment and to develop a facility master plan. O’Brien-Atkins is a Durham-based architectural firm with a substantial background in planning and design for government in North Carolina. GSA, Ltd is also a Durham-based company that specializes in organizational analysis and facility feasibility assessment for government organizations.

    The purpose of the special meeting will be to review in detail the scope of work, the project schedule, contractual terms, and proposed fee. Resource Persons: David Powell, Economic Development/Real Estate, Glen Whisler, Environmental Engineering/General Services

    County Manager’s Recommendation: Schedule a special meeting to discuss the master facility plan.


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