REVISED
(Addition—Item No. 7a)
THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, March 28, 2005
AGENDA
“Public Charge"
The Board of Commissioners
asks its members and citizens to conduct themselves in a respectful, courteous
manner, both with the Board and fellow citizens. At any time, should any member of the Board
or any citizen fail to observe this public charge, the Chairman will ask the
offending person to leave the meeting until that individual regains personal
control. Should decorum fail to be
restored, the Chairman will recess the meeting until such time that a genuine
commitment to the public charge is observed.
As a courtesy to others, please turn
off cell phones during the meeting.
A retirement reception honoring Clerk to the
Board Garry E. Umstead will be held at 6:00 p.m.
7:00 PM Regular Session
1. Opening
of Regular Session—Pledge of Allegiance
2. Agenda
Adjustments
3. Minutes
a. February 10, 2005
BOCC/Hospital Corporation Board of Trustees
b. March
14, 2005 BOCC Regular Session
4a. “Senior Citizen Day" at the Durham Bulls Ballpark
The
Council for Senior Citizens, sponsoring with the Durham Bulls, wishes to
publicize “Senior Citizen Day" at the Durham Bulls Ballpark on April 7, 2005,
1:00 p.m. (opening game of the Durham Bulls’ 2005 season). Admission price is $1.00 off for anyone 60
years of age and older. Goodberry’s will
donate a free Ice Cream Social for the first 200 seniors to arrive. Senior citizens will be recognized on the
field in pre-game ceremonies. Agency
tables with information on senior services in the Triangle area will be on the
concourse.
4b. Resolution
in Recognition of the 10th Anniversary of Durham’s Partnership for Children
A resolution has been prepared in
recognition of the 10th Anniversary of Durham’s Partnership for
Children, a Smart Start Initiative.
Since its inception, this organization has successfully collaborated
with appropriate organizations in the community to greatly enhance the quality
of early childhood education, to increase school readiness, to help close the
“achievement gap", and to help prepare generations of young children for
success in their academic endeavors.
County Manager’s Recommendation: The Manager recommends that the
resolution be presented along with sincere thanks for 10 years of program
excellence.
4c. Herman
Alston—March Anchor Award Winner
Herman Alston, Durham County Deputy Tax Collector, has been selected to
receive the March Anchor Award. Mr.
Alston is recognized for assisting the Tax Department in achieving a collection
rate that exceeded 98% during Fiscal Year 2003-04.
·
Through
Mr. Alston’s leadership, Delinquent Tax Collections exceeded $500,000 each
month of the 2003-2004 Fiscal Year.
·
Additionally,
the department has started this year off by ending January with a collection
rate of 93.76%, which represents an increase of 1.12% at the same point in time
last year.
·
Mr.
Alston’s long reputation for fairness and honesty has reached many citizens of Durham County.
Chairman Ellen Reckhow will lead the
presentation.
County Manager’s Recommendation: The Manager recommends that the
Board present the March Anchor Award to Herman Alston along with
congratulations of the entire organization.
4d. Resolution
in Recognition of Retiring Clerk to the Board Garry E. Umstead
A resolution has been prepared in
recognition of Garry E. Umstead, Durham County’s long-time
Clerk to the Board of Commissioners,
who will retire effective April 1 following 32 years of dedicated service. Mr. Umstead became Clerk to the Board in 1986
and is most proud of the fact that he has served with every Durham County Manager except the first one, Mr. D. W.
Newsome.
Chairman Ellen Reckhow
noted in a release distributed earlier this year, “Garry Umstead has served Durham County diligently and
capably …and has helped make County
government accessible to citizens by responding to requests for
information in a timely manner. Garry
has been a faithful and hard-working public official who comes to work
early, leaves late, and often works weekends.
I wish him the best in his well-deserved retirement."
County Manager’s Recommendation: The Manager recommends that the
Board present the resolution to Mr. Umstead, along with best wishes and sincere
thanks for 32 years of outstanding service to Durham County
Government.
5. Consent
Agenda
b. Contract Award for County
Building Security Services to Wackenhut Corporation (RFP# 05-010) (authorize
the Manager to enter into a service contract to provide security services for
Durham County buildings at the
hourly rate of $17.14 for security guards and $25.01 per hour for Company
Police Officers for a total contract amount of $543,086.75 for FY 2005-06);
d. Request for Authorization to Enter into
Contract with Active Data Services (authorize the Register of Deeds to enter
into a service contract with Active Data Services for $122,824.80);
i. Appointment of Vonda Sessoms as Interim
Clerk to the Board (appoint Deputy Clerk Vonda Sessoms as Interim Clerk to the
Board effective April 4, 2005).
6. Federal
Farm and Ranchlands Protection Grant Request and Farmland Conservation
Easements
The Board is requested to approve the submission of a
Federal Farm and Ranchlands Protection Grant for $343,043 and the use of a
combination of grant and county capital project funds towards the preservation
of approximately 173 acres of farmland with permanent conservation
easements. The potential acreage
encompasses the majority of two farms located in northern Durham within the
Flat River Agricultural Priority Area.
The Board established Agricultural Priority Areas in November 2003 as a
first step towards directing the expenditure of funds towards the preservation
of permanent farmland using conservation easements. The Federal Farm and Ranchlands Protection
Program has provided the first substantial funding opportunity for Durham County to protect farmland in a cost-efficient
manner. The program is anticipated to
have two more cycles after this year.
The County applied for its
first federal farmland grant in April 2004, and was awarded $251,000 in August
2004 towards the acquisition of conservation easements on approximately 156
acres of the Russell Farm in northern Durham, with portions in both the Flat River
and Little River Agricultural Priority Areas.
The easements are expected to close within the next month, and will
increase the amount of Durham County
preserved farmland to 238 acres.
For this grant submittal, the first farm consists of 98
acres on Tilley Farm Road owned by Arthur Tilley who has expressed interest in
permanently preserving his farm. The
Tilley farm has been in continuous farming for approximately 200 years. The home site on the farm is thought to date
back to approximately 1855 and was summarized in the Durham County Historic
Architecture Inventory. The
property also includes a former one-room schoolhouse. Approximately 70 acres of the farm would
qualify for the federal farmland grant based on the amount of open land presently
on the property. If received, the
federal grant will provide 50 percent of the appraised value of the
conservation easement with the remainder provided as the local match. Mr. Tilley has offered to donate 25 percent
of the appraised value of the easement, which reduces the County’s match for the proposed easement to 25
percent of the easement’s value. The
value of the conservation easements has been appraised at $4,171 per acre,
meaning that Durham County’s
required match for the acquisition would be $1,042.75 per acre for a total of
$74,035. In addition, Mr. Tilley has
further expressed interest in permanently preserving another 21 acres of his
farm that would not score highly on the farmland grant. In his letter, Mr. Tilley indicates his
desire to donate a conservation easement on this additional 21 acres if the
conservation easement is acquired on the first 70 acres.
The second farm consists of 173 acres located directly
adjacent to Arthur Tilley’s farm on the south.
The owner, Mr. Roger Tilley, has also expressed his interest in
conveying permanent conservation easements on his farm. The western portion of the property borders
N.C. State Hill Forest and an estimated 100 acres of the farm would be eligible
for the federal farmland grant based on the amount of open land on the
property. If received, the federal grant
will provide 50 percent of the appraised value of the conservation
easement. Mr. Roger Tilley has also offered
to donate 25 percent of the appraised value of the easement, reducing the
county’s required share of the easement cost to 25 percent of its appraised
value The value of the conservation
easements for this farm has been appraised at $3,823 per acre, meaning that
Durham’s County’s match for the
100-acre proposed easement acquisition would be $955.75 per acre for a total of
$97,486.50. Mr. Roger Tilley has further
expressed his interest in permanently preserving his entire 173-acre farm. Staff will work with him on a potential
donation of the development rights on the remaining 73 acres if the farmland
grant is awarded on the first 100 acres.
The Capital Projects Account for Open Space and Farmland
Preservation (DC083) has approximately $211,000 available, which is sufficient
to cover the estimated $186,521 in project costs for these two easement
acquisitions. The project costs include
Durham County’s 25 percent easement
match for both farms, plus survey and other associated land transaction
costs. The Durham County
Farmland Protection Board has discussed the two proposed easements, voting at
its February 2005 meeting to recommend that the Commissioners
approve the easement acquisitions and submission of the federal farmland
grant.
7. Discussion
of General Assembly Session and Legislative Update
Staff has prepared a status report
on the progress of Durham County
Legislative issues. The report will be mailed separately
to ensure the latest status update on each item. In addition to the report, the Board is asked
to consider taking a position regarding Senate Bill 702 which is attached.
Resource Person(s): Chuck Kitchen, Durham County Attorney
County Manager’s Recommendation: The Manager recommends that the
Board review the Legislative Report and direct staff regarding support for
additional legislative issues.
7a. FY 2005-06 Budget Worksessions
Meeting Schedule
The Board is requested to discuss
the meeting schedule and additional dates for holding
FY 2005-06 Budget Worksessions. The
scheduled meeting dates and times follow:
June 2 9:00 a.m. to 4:00 p.m.
June 6 9:00 a.m. to 4:00 p.m.
June 20 9:00 a.m. to
4:00 p.m.
June 21 9:00 a.m. to
4:00 p.m.
County
Manager’s Recommendation: The Manager recommends that the Commissioners discuss the matter and advise staff if
additional action is necessary.
8. Board
and Commission Appointments
·
Adult
Care Home Community Advisory Committee
·
Animal
Control Advisory Committee
· Area Mental Health Board
· Boxing and Wrestling Commission
· Cable TV Advisory Board
· Community Child Protection
Team/Child Fatality Prevention Team
· Criminal Justice Partnership Act
Advisory Board
· Durham City-County
Appearance Commission
· Durham Planning Commission
· Durham Technical Community College
· Industrial Facilities and Pollution
Control Financing Authority
· Juvenile Crime Prevention Council
· Nursing Home Community Advisory
Committee
· Open Space and Trails Commission
· Transportation Advisory Board
· Women’s Commission
9. Closed Session
The Board
is requested to adjourn to Closed Session to instruct staff concerning the position to be taken on
the terms of possible acquisition of property known as the Preserve at Erwin
Trace, PIN # 0801-03-12-7186, owned by Duke University; and to meet with an
attorney and to preserve the attorney-client privilege and consider the case of
In Re Time Warner, CSR 5940-E, pursuant to G.S. § 143-318.11(a)(3) & (5).
