THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, January 24, 2000
Date
changed due to weather - Meeting occurred on January 31, 2000
7:00 P.M. Regular Session
AGENDA
1. Opening of Regular SessionPledge of Allegiance
2. Agenda Adjustments
3. Minutes
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December 6, 1999 Worksession
4. Consent Agenda
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FY 1999-2000 Budget Ordinance Amendment No. 00BCC000025 (to recognize state
grant revenue in the amount of $3,230 for Specialized Dental Services);
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FY 1999-2000 Budget Ordinance Amendment No. 00BCC000027 (to recognize state
grant revenue [$4,483] for Lead prevention Services in the Environmental
Health Division);
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FY 1999-2000 Budget Ordinance Amendment No. 00BCC000024 (to appropriate
funding for the purchase of bulletproof vests in the amount of $6,000);
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Interlocal Agreement on Emergency Management (adopt the interlocal agreement
as it reflects the existing agreement between the City and County);
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FY 1999-2000 Budget Ordinance Amendment No. 00BCC000028 (approve the Budget
Appropriation from Fund Balance of Medicaid Maximization Funds and Budget
Amendment 00BCC000028 in the amount of $42,176 for Maternal Health, Child
Health, and Neighborhood Nursing);
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FY 1999-2000 Budget Ordinance Amendment No. 00BCC000031 (to approve Social
Services Budget Amendment in the amount of $472,619 to provide housing
subsidies);
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FY 1999-2000 Budget Ordinance Amendment No. 00BCC000029 (to approve budget
amendment to accept $158,766 in new revenues for the DSS Crisis Intervention
Program (CIP);
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To recommend approval of abandonment of a portion of the 30 sanitary sewer
easement on lot 27 Chadwick Place--TM 717-03-27 for owner David Crabtree,
and request the County Attorney to prepare a quick claim deed for the abandonment
thereof;
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FY 1999-2000 Budget Ordinance Amendment No. 00BCC000033 (to approve Budget
Ordinance Amendment Reserve for Encumbrances to pay the outstanding purchase
orders);
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Approval of construction contract for the Social Services building chiller
and cooling tower replacement (authorize execution of contracts with Quate
Mechanical Services in the amount of $228,500 and Applied Control Technology
in the amount of $20,570 thus totaling $249,070 and authorize the County
Manager to execute change orders [if necessary] not to exceed $15,000);
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Resolutionapprove application for Community Transportation Grant (approve
resolution authorizing the Durham Center of NC Cooperative Extension to
submit the FY 00-01 Community Transportation Grant application to the North
Carolina Department of Transportation. The Cooperative Extension Department
will budget $30,619 for inclusion in the Countys FY 00-01 budget to meet
the local match requirements.)
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.
5. Office of the Sheriff Public Hearing and Budget Amendment
for 1999 Local Law Enforcement Block Grant Funds
The Office of the Sheriff submitted its first on-line application
for Durham Countys share of the 1999 Local Law Enforcement Block Grant
(LLEBG) and received subsequent approval of a $50,407 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 only be used in accordance with the seven purpose areas described
for this grant program.
These intergovernmental funds awarded to Durham County will be used
for the purchase of equipment for the Sheriffs Investigators, Emergency
Response Team, Security, Property Management, Training, Search and Recovery
Team, and general field deputies.
The Sheriff established an Advisory Board as specified by the grant,
which met on December 15, 1999 to recommend the proposed use for these
funds. The equipment to be purchased as suggested by the Advisory Board
are as follows: Employee ID camera upgrade, two dogs with car kennels,
money counters, raincoats, scuba dry suit, scuba wet suits, X-ray bomb
machine, bullet proof vests, VCR/TV for training, Magellon GPS EC-10X (tracking
device for drugs) and hand-held radios. Such equipment and technology will
enhance and improve the law enforcement abilities of the Sheriffs Office.
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 paper
on January 15, 16, 22, and 23, 2000 to give 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 $5,601 from their current budget. The total
appropriation is for $56,798, the revenue recognized is for $50,407 from
the grant award and $790 from interest earned on the LLEBG Trust Account.
Resource Person(s): Nancy Dellinger, Director of Planning and
Development for the Sheriffs Office
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 Sheriffs Office has traditionally
used the LLEBG funds, received in 1996, 1997 and 1998, for improving and
upgrading the agencys equipment and technological infrastructure. It is
recommended to conduct the public hearing to receive public comment, and
then approve the Advisory Boards recommendation for the proposed use of
the 1999 LLEBG award funds. Approve Budget Amendment #00BCC000023 to accept
grant funding and appropriate program spending.
6. Public Hearing--John R. McAdams Company, Inc. (Rezoning Case
P99-54)
John R. McAdams Company, Inc. will present to the Board of County
Commissioners a request to rezone a 29.83-acre site located at 7509 Fayetteville
Road, south of Massey Chapel Road. (Tax Map 529, Block 1, Lots 16 and 16B).
Request:
RD (Rural District) to PDR-2.96 (Planned Density Residential 2.96 units/acre)
The 2020 Plan supports Suburban Neighborhood uses. The Future Land Use
Map in the Triangle Township Plan indicates Low Density Residential (1-4
units per acre). Staff recommends approval. The Zoning Committee of the
Durham Planning Commission conducted a public hearing on October 12, 1999,
and voted
2-5 to recommend denial.
The public hearing for this request was advertised on January 8, 2000
and January 14, 2000 in the Durham Herald-Sun.
Resource Person(s): Dick Hails, Planning Manager
7. Public hearing to consider amendments to the zoning ordinance
concerning: a] revisions to Section 4A.8 [multi-family residential] regarding
accessory dwellings and building frontages; b] revisions to Section 8 [Performance
Standards] regarding buffers on Interstate 540; c] revisions to Section
4C.1 [Office and Institutional -1] regarding personal service establishments
as a permitted use in certain circumstances; and d] revisions to Section
4D.5.2 of the CT district to allow artist studios and artist galleries.
To adopt the amendments concerning a] revisions to Section 4A.8 [multi-family
residential] regarding accessory dwellings and building frontages (TC90-99);
b] revisions to Section 8 [Performance Standards] regarding buffers on
Interstate 540 (TC91-99); c] revisions to Section 4C.1 [Office and Institutional
-1] regarding personal service establishments as a permitted use in certain
circumstances (TC92-99); and d] revisions to Section 4D.5.2 [Commercial
Trade] district to allow artist studios and artist galleries (TC-93-99).
Resource Person(s): Bonnie Estes and Norm Standerfer
County Manager's Recommendation: Consider approval of the amendments
after conducting a public hearing.
8. Public Hearing for Biogen
Biogen, Inc. and the Research Triangle Foundation are requesting that
the Board of Commissioners hold a public hearing to consider the expansion
of Research Triangle Park to include property currently owned by Biogen,
Inc. The property lies in both Wake and Durham Counties. The two parties
are requesting this action by both Durham and Wake County Boards of Commissioners.
Following the public hearing, the Board is requested to adopt the attached
resolution annexing the Biogen property into Research Triangle Park research
and production service district.
Resource Person(s): Charles Case, attorney for Biogen; Hal Price,
Biogen; and Rob Teer, Consultant to Biogen.
County Manager's Recommendation: Hold the public hearing to consider
annexing the property in Research Triangle Park Research and Production
Service District. Following the public hearing, adopt the resolution if
appropriate based on the information received.
9. HUD "Needs" Public Hearing for the upcoming 2000-2005 Consolidated
Plan and the Fiscal Year 2000-2001 Action Plan.
The City of Durham, Department of Housing and Community Development,
(DHCD) requests that the Board of County Commissioners hold the Consolidated
Plan Needs Public Hearing on January 24, 2000 in preparation of the 2000-2005
Consolidated Plan and the 2000-2001 Annual Action Plan. The adopted Citizen
Participation Plan for use with the Consolidated Plan requires that two
public hearings be held prior to the submission of the Consolidated Plan
to the U.S. Department of Housing and Urban Development (HUD). The purpose
of the first public hearing is to receive public comments and proposals
pertaining to community needs in Durham and the HOME program. The City
Council is holding its Needs Public Hearing on January 18, 2000.
The major uses of HOME funds are to expand the supply of safe, decent,
sanitary and affordable rental and owner-occupied housing. In May 1993,
the Board of County Commissioners and the City Council approved a Durham
City-County HOME Consortium Agreement to be used in the administration
of the HOME program. HOME program activities are included as a part of
the Durham Consolidated Plan and submitted annually to HUD for approval.
At the January 10, 2000 regular meeting the Board of County Commissioners
requested additional information on whether residual funds from the HOME
program could be utilized for rental subsidies. DHCD staff is prepared
to respond to this matter.
Resource Person(s): John Mickle; Ava Hinton
County Manager's Recommendation: The Manager recommends
that the Board of County Commissioners hold the Consolidated Plan
Needs Public Hearing. DHCD staff will available to answer questions.
10. Status Report Regarding Shooting and Commercial Activities
on Duncan Floyd Property
As stated at the January BOCC Worksession, this case involves the
resumption of commercial activities on a farm in eastern Durham County.
Zoning Enforcement staffs have been monitoring this site since the first
citation was issued on December 30, 1999. As of this time, zoning enforcement
officers have not found any further violations. The property owner has
been in contact with both the Planning staff and the County Attorneys
office to discuss the case. The property owner has also retained private
counsel.
In late December, Planning staff contacted the NC Division of Wildlife
Management, the agency that issued the most recent license for a Hunting
Preserve on this site. Zoning enforcement officers advised them of the
zoning violation which has been determined to exist on the property. They
responded back via letter that they have no legal foundation to revoke
his permit since commercial operations are not prohibited under their licensing
requirements.
Staff will continue to monitor this site for compliance and will be
able to give an update at the 1/24/00 BOCC meeting.
Resource Person(s): Dennis Doty, Zoning Enforcement Officer,
and Lowell L. Siler, Deputy County Attorney
County Manager's Recommendation: Receive for informational purposes.
11. DSS--Budget Amendment to Accept New Revenues and to Establish
Social Worker Position
The Department has received notice of a new annual allocation to Durham
County of $55,000 to be used for the establishment of staff positions to
recruit, train, license, and support prospective foster and adoptive families.
The funds were awarded to those County DSS agencies with the highest number
of children who entered the foster care system for the first time during
SFY 98-99 AND the highest number of children adopted during SFY 98-99.
The funds, provided by the NC Division of Social Services, can only be
used to support positions created or contracts signed after January 1,
2000. The Department is proposing to use the allocation to fund one new
social worker position to provide post adoption services. Post adoption
services can be provided to adoptive parents and adult adoptees. Adoptive
parents may need information regarding services for adoptive children,
such as therapy or counseling to address the adoptive childs behaviors
or special needs. Adult adoptees may make requests, either directly or
through the courts or their attorneys that may involve re-opening sealed
adoption files and extracting requested information. Other duties of this
position may include community liaison and pre-placement adoption assessments
and interstate adoptions. There is no local match required to accept this
funding. It is anticipated that this funding will be an ongoing annual
allocation from the State.
Resource Person(s): Dan Hudgins, DSS Director, will be available
as a resource person for this item.
County Manager's Recommendation: County Manager recommends approval
of budget amendment No. 00BCC000030 in the amount of $55,000 to accept
new revenues from NC Division of Social Services to support prospective
foster and adoptive families, and approval to establish the corresponding
social worker position.
12. Public Health--Budget Amendment to Recognize Grant Revenue
from Smart Start for Programs in Nursing, Nutrition, and Health Education
and Approval and Establishment of Grant Related Positions.
The Health Department requests approval of a budget amendment to recognize
a grant of $137,125 for the Child Health (6233), Nutrition (6215), and
Health Education (6216) divisions. This amount represents a grant from
Durhams Partnership for Children (Smart Start) to expand the Linkages
to Families Project and the Child Care Health Consultant Project.
The Health Department also requests approval for the establishment of
the following positions funded by the grant. Additions to the Linkages
Program include a Public Health Nurse, an Early Childhood Educator, and
a part-time Nutritionist. The Child Care Health Consultant Project requires
three new Public Health Nurses, a Health Educator, a part-time Nutritionist,
and a part-time Processing Assistant.
The Linkages to Families Project provides home visits to low to moderate
risk pregnant women on a regular basis, providing health education on priorities
decided by clients. The Child Care Health Consultant project provides preventive
health services to children in child care centers including: assessment;
follow-up and referral of individual children; information about health
problems related to child care; and consultation provided to anyone with
a specific health concern related to children in a child care setting.
The grant runs through June 30, 2000. It is anticipated that this funding
will be continued through the FY 2000-2001 budget period. Positions established
are contingent upon continuation of grant funding and applicants for the
positions are notified.
The Board of Health has adopted this amendment.
Please note that this amendment requires no additional county funds.
Resource Person(s): Gayle Harris, Nursing Director, Public Health
Department.
County Manager's Recommendation: The Manager recommends approval
of Budget Amendment # 00BCC000026 to recognize grant revenue in the amount
of $137,125 from Smart Start for programs in Nursing, Nutrition, and Health
Education, and approval and establishment of grant related positions.
13. Approval of Contract to Conduct Health and Human Services
Delivery System Study for $50,000
In February of 1999, the Board of County Commissioners (BOCC) approved
the following goal for fiscal year 1999-2000:
"To complete a comprehensive study that identifies and recommends
best practices for delivery of health and human services to all citizens
of Durham County."
To accomplish this goal, the County Manager assembled a Leadership Team
consisting of Department Heads from Public Health, Social Services, The
Durham Center, Criminal Justice Resource Center, Cooperative Extension,
Youth Coordinating Board, Library, and the County Attorney to develop recommendations
that best meet the above-referenced Board goal. The Leadership Team has
recommended the use to a consultant to gather information upon which to
formulate their recommendations to the County Manager. A competitive process
was initiated on November 18, 1999 with a one-month acceptance period for
responses to a Request for Qualifications [see attached RFQ#00-014]. The
RFQ was sent to twelve firms [see attached RFQ#00-014] and advertised one
time each in the Herald-Sun, News and Observer, Charlotte Observer,
Carolina Times, and the North Carolina Association of County Commissioners
newsletter, County Lines. The following four firms responded to
the RFQ: (1) DMG Maximus, (2) Benton and Associates, (3) MGT of America,
and (4) Public Consulting Group, Inc.
Based on the work plans and responses received, the Leadership Team
is recommending Public Consulting Group, Inc. (PCG) to conduct the analysis
and delivery system study. Consultants from PCG, along with input from
the Leadership Team, developed the following revised scope of service to
be performed in a six to eight week period at a cost of $50,000:
"To evaluate what service improvements and management goals could
be accomplished through an organizational restructuring of the health and
human services system, including the departments of: Social Services, Public
Health, and MH/SA/DD. This will include establishing criteria for the evaluation,
projecting the major cost considerations each would involve and clarifying
the opportunities and risks inherent in each organizational restructuring.
The organizational models to be considered are: a) the county model used
by Mecklenberg County, b) the human service model used by Wake County,
and c) the board model currently used by Durham."
The Leadership Team requests the BOCC to approve the contractual agreement
with Public Consulting Group, Inc. (PCG) for a not-to-exceed amount of
$50,000 for their services in conducting a health and human services delivery
study. The funds have been budgeted in the County Managers cost center
to cover the cost of the contract.
Resource Person(s): Carolyn P. Titus, Deputy County Manager
County Manager's Recommendation: The Manager recommends approval of
the consulting contract in the amount of $50,000 with Public Consulting
Group (PCG), Inc. to conduct a study of the health and human services delivery
system for the purposes of meeting the Boards FY 1999-00 Goal.
14. Request to Utilize Commissioners Chambers for District
Civil Court Hearings
During the September 13, 1999 Regular Session of the Board of County
Commissioners, Chief District Court Judge Kenneth Titus requested use of
the Commissioners Chambers to hold hearings for District Civil cases due
to lack of space at the judicial building which had resulted in a backlog
of cases. The Board of County Commissioners approved the request to utilize
the Chambers on Wednesday mornings, 9:00 a.m. to 1:00 p.m. through the
month of March 2000.
At this time, District Court Officials have submitted a revised schedule
for use of the Commissioners Chambers. The new schedule is Tuesdays and
Wednesdays every other week during the months of February through June
2000 as per the memorandum. This does not increase the net number of days
but does extend the schedule into June. By granting this request, the backlog
to the District Court System can be reduced and provides for effective
use of judges time.
Resource Person(s): Kathy Shuart, Trial Court Administrator,
and David F. Thompson, County Manager.
County Manager's Recommendation: Recommendation is that if the
Board of County Commissioners agree with the attached revised schedule
that the same restrictions apply that the room will be used for motions
with judges, attorneys, and their clients. The only concern I have is that
this will extend into the budget season. However, I believe that it can
be accommodated if a revised budget calendar is brought to the Board prior
to final approval of utilization of the boardroom for the months of May
and June. I did not feel comfortable approving this request administratively
since the Board was specific in its approval the last time this issue was
brought forward.
15. Discussion on Next Steps for Possible Merger of City and
County Governments
Chairman MaryAnn Black has requested an opportunity to brief the Board
of County Commissioners on discussions with Mayor Nick Tennyson concerning
the next steps towards a decision on City and County Merger. These discussions
have included the establishment of a Charter Commission, as well as some
appropriate technical assistance for this process.
County Manager's Recommendation: Staff needs direction as to
how to proceed. After listening to Boards expectation of staff support,
I believe a discussion must be held concerning appropriate staffing of
the Charter Commission and County Commission so staffing shortages will
not interfere with the startup of this new stage.
16. Board and Commission Appointments
Garry E. Umstead, Clerk to the Board, will distribute ballots to make
appointments to the following boards and commissions:
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Adult Care Home Community Advisory Committee
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Animal Control Advisory Committee
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Animal Control Review Board
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Boxing and Wrestling Commission
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Public Health Board
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Womens Commission
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