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| Durham County Government offices will be closed on Monday, September 1, 2008 in observance of Labor Day. Durham County Government Holiday Schedule |
THE BOARD OF COUNTY COMMISSIONERS DURHAM, NORTH CAROLINA Monday, January 14,
2002 AGENDA 5:30 P.M. Closed Session
The Board of
Commissioners is requested to adjourn to closed session to discuss real estate
pursuant to N.C.G.S. § 143-318.11(a)(5) and to consider economic development
pursuant to N.C.G.S. § 143-318.11(a)(4). Regular Session
7:00 P.M. 1.
Opening of Regular Session—Pledge of Allegiance 2.
Agenda Adjustments 3.
Minutes a.
August 27, 2001 Regular Session b.
November 11, 2001 Worksession 4.
Resolution for Winner’s Circle Dining Program Tracey Bates,
Health Promotion Nutritionist for the Public Health Department, is currently
leading a coalition that is implementing a new program called “Winner’s Circle
Health Dining Program" in Durham County.
This program is a statewide initiative sponsored by the North Carolina
Prevention Partners, North Carolina Public Health, and Start With Your Heart
Cardiovascular Health Program. The program’s motto is: “Where Nutritious meets
Delicious." A resolution of support has
been prepared for the Board’s approval. County
Manager’s Recommendation: Approve the resolution and present
it to Ms. Bates. 4a. Cherry, Bekaert & Holland To
Address the Board of County Commissioners (BOCC) The independent auditing firm of the County, Cherry, Bekaert
& Holland, has asked to come before the BOCC for a brief presentation
regarding the audit of the County’s financial statements and single audit for
fiscal year ended June 30, 2001. Resource
Person(s): Finance Director, George Quick; Deputy Finance Director,
Susan Fox-Kirk; and System Administrator/Senior Financial Analyst, Chantel
Campbell County
Manager’s Recommendation: The Manager recommends that the
BOCC grant their request and hear the presentation to be given by Paul
Fedorkowicz and Scott Duda of the County’s financial independent audit firm of
Cherry, Bekaert & Holland. 5.
Consent Agenda a.
Property Tax Releases and Refunds
for Fiscal Year 01-02 (accept the property
tax release and refund report as presented and authorize the Tax Assessor to
adjust the tax records as outlined by the report; these are normal recurring
releases and refunds); b.
Report—Sale of County-Owned Surplus
Personal Property (accept the report on the sale of surplus property from the
auction held on November 17, 2001); c.
Street Annexation Petitions—Albury
Place, Genesee Drive, and Worland Drive (Willow Hill Subdivision) (adopt the
resolutions to approve the addition of Albury Place, Genessee Drive, and
Worland Drive (Willow Hill Subdivision) to the state’s road maintenance system
subject to the certification of eligibility by the appropriate officials of the
NC Department of Transportation); d.
Mobile Command Post Bid IFB No.
02-016 for the Office of the Sheriff (authorize the County Manager to enter
into a contract with the lowest bidder, Farber Specialty Vehicles for
$117,130.00); e.
Request For Release of Penalties
(deny the request by Sloan Financial Group of waiver of penalties under statute
105-380. No taxes to be released, refunded or compromised); f.
Approval of Memorandum of
Understanding with the Durham Public Schools (review and approve the changes to
the Memorandum as requested by the Board of Education); g.
Standard
Non-Reimbursable Contracts for the Extension of the County Sanitary Sewer
System (authorize the County Manager to execute the Utility Contracts for these
additions to the County sanitary sewer system); h.
Reimbursement Resolution for School
Bonds (approve the resolution so the County can be reimbursed for the school
expenditures from bond proceeds); i.
Revisions to County’s 10-Year
Capital Improvement Program and Approval of Capital Project Amendment No.
02CPA000009 (approve the Revised 10-year CIP as detailed in the Funding Source
Summary and approve the Capital Project Amendment No. 02CPA000009 for the EMS
Lebanon Capital project—$10,224); j.
Reimbursement Resolution for Senior
Center (approve the resolution so the County can be reimbursed for the Senior
Center expenditures from bond proceeds); k.
Execution of Architectural Design
Service Contract with Lucien Roughton Architects for the Renovation/Expansion
of the Durham County Animal Shelter—RFQ 01-016 (authorize the execution of the
contract in the amount of $144,160, with reimbursable items in the amount of
$1,550 and design of the Garage for Animal Control as an alternate for
$5,000—for an authorized total of $150,710—and execute any other related
contracts if necessary; and l.
Execution of
Architectural Design Service Contract with DTW Architects and Planners, Ltd.,
for the Renovation of the Judicial Building Annex (Formerly First Union
Building) RFQ 01-031—Project No. DC068-46 (authorize the execution the contract
in the amount of $107,000.00 and execute any other related contracts, if
necessary, not to exceed the estimated project budget of $123,400.00) 6.
Public Hearing to Consider Allocating Economic Development Investment
Funds to AW North Carolina, Inc. AW North Carolina, Inc. is considering expanding its current
plant by building an additional manufacturing facility in Treyburn Corporate
Park, located in northern Durham County. Upon completion of the facility AW
North Carolina will produce a new line of automobile transmission components. The proposed investment for the new manufacturing plant is
approximately $160 million dollars and represents an estimated depreciated
taxable value of approximately $70 million dollars. Upon completion of the new
plant, it is expected that AW North Carolina will bring 300 new jobs to Durham
County. AW North Carolina, Inc. is in the process of making the
final decision as to where to locate the proposed new facility. Staff is aware
of several other sites being considered for this investment. AW North Carolina
has communicated to the County Manager and staff that Durham County’s financial
support for this project will be a key consideration in the final decision. AW
North Carolina is requesting that the County participate in the costs of site
preparation activities. Staff is recommending that the County participate in this
economic development project by reimbursing AW North Carolina, Inc. up to two
million dollars ($2,000,000) over a five-year period for the costs of site
preparation activities, including associated County development fees. A
proposed contract outlining the specific agreement for reimbursable work will
be forwarded under separate cover. This public hearing
was advertised on Friday, January 4, 2002 as required by N.C. Statute. Resource
Person(s): Carolyn P. Titus, Deputy County Manager County
Manager’s Recommendation: The County Manager
recommends that the Board hold the public hearing, and based upon the
information received, approve the Contract between the County of Durham and AW
of North Carolina, Inc. to allow for the reimbursement of costs associated with
the site preparation. 7.
Public Hearing to Establish a Six-Month Moratorium on
New Telecommunications Tower Applications Adopt an ordinance establishing a six-month moratorium on consideration
of applications for all new towers allowed by right or by use permit and all
towers replacing nonconforming towers. Applications received prior to the start
of the moratorium can be processed provided the applicant can show to the
satisfaction of staff that no interference with emergency communications or
governmental dispatch capabilities will result. Resource
Person(s): Sheila
Stains-Ramp, Acting Assistant Planning Director, and Dick Hails, Interim
Planning Director County
Manager’s Recommendation: The
Manager’s recommendation is that the Board hold the public hearing and adopt
the ordinance, if appropriate, based upon public comment. 8.
Durham Open Space
Commission Matching Grants Recommendation The Durham Open
Space and Trails Commission (DOST) received four applications for Matching
Grants Program funds to assist nonprofit community organizations with
recreational and open space projects. The following financial summary briefly
shows the Commission's recommendation to the Board for funding three
applications, a total of $59,725.00, using the contractual funds requested and
approved under the General Fund "Open Space Matching Grants"
Organization of the County's FY 2001-02 Budget. A condition of this
recommendation to fund the Durham-Orange Mountain Bike Association's trail
project to be located in the Little River Regional Park is that the project be
contracted contingent to approval by the Orange County Board of Commissioners
for locating the trail in the Park.
Resource
Person(s): Annette Montgomery, Commission Chairman, and Bill
Renfrow, County Budget and Management Department County
Manager’s Recommendation: Members of the Durham Open Space and
Trails Commission evaluated and revised this year's applications for matching
funds to assist nonprofits with providing recreational opportunities and
preserving open space for the citizens of Durham County. This recommendation to
allocate $59,725.00 of grant funds represents a gain to the County of $60,781.00 in matching funds as more than
half the projects' value of $120,506.00. The County Manager recommends approval
for funding three projects and the allocation of the $59,725.00 of the budgeted
Matching Grants Funds. 9.
Adoption of Nonprofit Agency Funding Policy At the December 2001 worksession, the Board of County
Commissioners received a presentation by staff exploring alternative methods of
funding nonprofit agencies. Staff
presented some ideas and options for the Board to consider in realigning Durham
County’s nonprofit funding including a draft version of a nonprofit funding
policy. At the request of the Board,
staff has incorporated the comments and directives into the policy. Resource
Person(s): Carolyn P. Titus, Deputy County Manager, and Heidi
Duer, Assistant to the County Manager County
Manager’s Recommendation: The Manager recommends that the
Board approve the policy. 10.
Land Use Plan Amendment #A01-10 (Southeast Durham Plan) Receive an update from staff and follow the recommended actions to
deny the request to amend the Future Land Use Map of the Southeast Durham Plan. The Southeast
Durham Plan directs non-residential development generally along two main
corridors, US 70 and NC 98. The intersection of Sherron Road and NC 98 is
identified in the Plan as a small neighborhood commercial node. The Plan
specifically states that small neighborhood-scale commercial areas can contain
a grocery and drug store. But, the Plan limits these stores to the same
quadrant of an intersection. Staff supports
allowing limited neighborhood commercial zoning at the intersection of Sherron
Road and NC 98 to provide needed goods and services at the Urban Growth
Boundary to serve residents in and outside the Urban Growth Area.
Commercial activity already exists or is planned for all quadrants of this
intersection. However, the expansion of intense commercial activity on
both corners of the intersection is not reflected in the adopted Plan. On April 25,
2001 the Planning Commission approved Case A01-07 to slightly expand the
commercial node west of Sherron Road, to significantly expand the commercial
node east of Sherron Road, and to allow high density residential or office uses
east of Sherron Road. The current request proposes to further increase
the size of the commercial area in the southwestern quadrant and to reduce the
density of the residential portion of the southeastern quadrant. The
Applicant has stated the intent to locate a drug store and grocery on opposite
corners of the intersection contrary to the aims of the Plan. The Durham
Planning Commission reviewed the applicant’s proposal at its meeting on July
25, 2001 and recommended denial (6-1). Resource
Person(s): Dick Hails,
Interim Planning Director, and Dwight Yarborough, Senior Planner County
Manager’s Recommendation: The
Manager’s recommendation is that the Board deny the request to amend the Southeast
Durham Plan to further expand the commercial node. 11.
Budget Ordinance Amendment No. 02BCC000044 to Transfer Funds From the
Sewer Utility Fund to the Wastewater Treatment Plant Improvement Project,
Capital Project Amendment No. 02CPA000008, and Approval of Construction
Contracts for Phase I of the Wastewater Treatment Plant Improvements Project The Board is
asked to appropriate $1,558,972 from the Sewer Utility Fund retained earnings
into the Wastewater Treatment Plant Capital Project (SE045), and authorize the
County Manager to enter into construction contracts for Phase I of the Wastewater
Treatment Plant Improvements Project as follows:
This project
has been in planning and design for several years. Phase I includes a new
influent pump station, effluent pump station, and ultraviolet disinfection. The
most recent presentation to the Board was on August 6, 2001, when the Board
directed staff to proceed with the project to provide the capacity for future
customers and the treatment quality to comply with North Carolina legislative
(and subsequent permit) requirements.
This direction came specifically after negotiations with the City of
Durham failed to result in reasonable alternatives to this project. The
contracts requested in this agenda item will allow this project to proceed as
directed by the Board, and continue to be the least-cost alternative. The total of the bids of $8,072,625.00 is
$886,375.00 less than the engineer’s estimate of $8,959,000.00. On February 14,
2000 the Durham County Board of Commissioners approved a reimbursement
resolution, declaring its intention to reimburse the County from the proceeds
of one or more tax-exempt financing for certain expenditures in connection with
certain wastewater treatment facilities.
Phase I of
the project was initially funded through 2/3rds Bonds in March 2000. Phase II of the Wastewater Treatment Plant
(WWTP) Improvements was approved in August 2001, by the Board of Commissioners,
as part of the County’s 10-Year Capital Improvement Program. Phase II of this
project will be funded through Special Obligation Bonds. The $1,558,972
appropriation from Sewer Utility Fund retained earnings will supplement
existing 2/3rds Bonds funding until Special Obligation Bond funding for the
remainder of the project is acquired, and the Sewer Utility Fund can be
reimbursed. The current
budget was developed with preliminary cost estimates and funded with a share of
2/3rds Bonds in FY 1999-2000 (these funds must be spent in the next 18
months). The Phase I cost estimate has
increased since FY 1999-2000 due to elapsed time (inflation) and a minimal
amount of Phase II construction moving into Phase I to save money on the total
project. The current total cost
estimate of $42,888,900 was established in June 2001 during the negotiations
with the City and the development of the CIP request. The requested appropriation does not impact the total project
cost estimate. This project
was advertised in the local newspapers on September 26, 2001. A Pre-Bid Conference was held on October 26,
2001. Bids were publicly opened and
read on November 20 at 3:00 p.m. Twenty
bids were received for the project (7 for Division I – General Construction; 5
for Division II – Electrical; 3 for Division III – HVAC; and 5 for Division IV
– Single Prime). The Bid Tabulations
are attached for your information, and they include columns showing the bids as
submitted as well as the bids as corrected after finding math errors. There was only one major error in these
bids. Haren Construction (Tennessee)
submitted a Division IV – Single Prime bid of $8,530,000.00 that was corrected
to $7,249,000.00. This $1,281,000.00
(15%) error results in the lowest bid, but the error was obvious and Haren
submitted a letter asking to not receive the award. Engineering and the project consultant have recognized the error
and reviewed the situation with the County Attorney. The recommended contractors are the lowest responsible bidders
for this project. The MWBE
participation has been reviewed, and the projected participation for the
project is $752,235.00 (9% of the total bid amount of $8,072,625.00). Resource
Person(s): Wendell Davis, Deputy County Manager; Glen Whisler,
County Engineer; Pam Meyer, Budget Director; and Chuck Hill, Utility Division
Manager County
Manager’s Recommendation: Approve the appropriation of
$1,558,972.00 from the Sewer Utility Fund retained earnings (Budget Ordinance
Number 02BCC000044) to the Wastewater Treatment Plant Capital Project (Capital
Project Amendment Number 02CPA0000008) which will be reimbursed upon issuance
of Special Obligation Bonds related to this project. Also, authorize the County
Manager to enter into contracts as follows:
12.
Preliminary Resolution on Issuance of Special Obligation Bonds A
preliminary resolution is attached which provides for the initiation of the
process whereby the County would sell Special Obligation Bonds to finance a
portion of Phase I and all of Phase II of the Wastewater Treatment Plant
renovation and expansion. Special
Obligation Bonds are debt instruments which pledge a revenue stream to repay
the holders of the bonds. It is
anticipated that the revenues from the Wastewater Treatment Plant will be
pledged to secure the bonds. In
addition, another revenue source is required to be pledged so that coverage
requirements can be met. Coverage
requirements for this issue will probably be between 175% and 200% of the
amount of the repayment schedule. The financial data is currently being developed and will be
presented to the Board at a later date.
This preliminary resolution affirms the selection of certain
professionals who are working on this project, and allows the County Administration
to begin the process of issuing the bonds.
A public hearing will be required prior to approval of the bonds. This hearing will be set at a later meeting. Resource
Person(s): Chuck Kitchen, County Attorney County
Manager’s Recommendation: Approve the preliminary resolution
attached so that the County can begin the financing portion of this important
project. 13.
Service Contract for Federal Financial Participation Assistance The County currently provides
several services that may be eligible for reimbursement through Federal
Financial Participation, including but not limited to Alien Assistance
Programs. Justice Benefits, Inc. is willing and able to provide professional
assistance to explore potential opportunities for new Federal Financial Participation,
to review prospects for expansion of existing Federal Financial Participation
and to secure additional Federal Financial Participation as may be appropriate
for the County. The first initiative
that Justice Benefits, Inc. will prospect for under the agreement is
reimbursement for housing illegal aliens prior to disposition of their cases
through Alien Assistance Programs. Justice Benefits,
Inc. will receive twenty-two percent (22%) of any new or additional revenues
actually received by the County that are a direct result of Justice Benefit’s
efforts pursuant to the Agreement.
Section 3 of the agreement limits the Contractor’s liability for acts or
omissions (that are not insured risks under Section 5 of the agreement) to the
amount paid to, or owed to the Contractor under this agreement. Resource
Person(s): C.W. Crabtree, Chief Deputy, and Carol Wolff,
Assistant County Attorney County
Manager’s Recommendation: Approve the Service Contract for
Federal Financial Participation Assistance and authorize the Manager to execute
the Contract. 14.
Board and Commission Appointments Garry E. Umstead, CMC, Clerk to the
Board, will distribute ballots to make appointments to the following boards and
commissions: ·
Animal Control Advisory Committee ·
Open Space and Trails Commission ·
Public Health Board ·
Wrestling and Boxing Commission Resource
Person(s): Garry E. Umstead, CMC, Clerk to the Board |
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