REVISED
Addition of Item Nos. 5a and 8a
Revision to Item No. 9
THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, April 25, 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.
7:00 P.M. Regular
Session
1. Opening
of Regular Session—Pledge of Allegiance
5 min.
2. Agenda
Adjustments 5 min.
3. Minutes
5 min.
a. April 4, 2005 Worksession
b. April 11, 2005 Regular Session
4. Report on Ten-Year Impact Study of
Smart Start
10 min.
Marsha R.
Basloe, Executive Director, Durham’s Partnership
for Children, a Smart Start Initiative, has requested time on the agenda to
report on the impact of Smart Start in Durham County over the last
ten years.
Ms. Basloe
also wishes to announce that at Smart Start’s Tenth Anniversary Celebration, Commission
Chairman Ellen W. Reckhow received a Champions for Children Award for her
commitment to the Partnership and to young children in Durham County.
5. Mel
Wheeler—Durham County
Employee of the Year Award Winner
5 min.
In accordance with County Government Week 2005, “Honoring County Heroes",
Ms. Mel Wheeler was chosen as the Employee of the Year. Mel was nominated by two employees.
Ms. Wheeler, a very passionate County
employee, is always advocating for her clients and looking for resources to
benefit those who are less fortunate.
Mel is not only a client advocate,
but also a support system for her co-workers.
She often volunteers to help in whatever ways are necessary.
Ms. Wheeler works with two
programs. Adult Care Home Case Management
involves a caseload of approximately 30 elderly/disabled adults who live in
various assisted-living facilities across Durham County. SA-In Home Program involves a caseload of
approximately seven elderly/disabled adults who live in the Durham community.
Mel visits each of the 37 individuals once per month; however, the “data" of
this caseload is not what makes it special.
Mel makes it special! The sheer
passion by which she approaches her work and the people she serves makes
her a true Durham
County
hero. Not only does she make sure that
her clients get needed health care, she also arranges for equipment such as
wheelchairs, hospital beds, diabetic shoes, glasses, and dentures.
Mel is the consummate hero and a
model Durham County
employee!
County Manager’s Recommendation: The Manager recommends that a
check for $300 be presented to Ms. Mel Wheeler along with congratulations of
the entire organization.
5a. Resolution of
Support for Legislation to Reestablish a Mediation Center
in Durham
5 min.
Members of the Committee to Reestablish a Mediation Center
in Durham are working with Rep. Mickey Michaux
to request legislative funding for mediation services and to reestablish these
services in Durham. Community leader Melvin
Whitley and Grace Marsh (Executive Director of Women In
Action Inc.) have asked the Board to approve a resolution of support for this
initiative. With legislative funds,
Women In Action plans to establish the Elna
B. Spaulding
Center for Dispute Resolution that
will meet the conflict resolution needs of the Durham Community.
County Manager’s
Recommendation: The Manager recommends that the Commissioners approve the resolution as requested by
Melvin Whitley and Grace Marsh and
forward copies to members of the Durham
Legislative Delegation.
6. Consent
Agenda 20
min.
b. Request to Amend Contract to Purchase
Additional Safety Supplies and Equipment from Department of Homeland Security Part
I Grant Program Funds (amend the contract with Safeco Inc. for an additional
$52,197.42 for a total amount not to exceed $118,677.81);
c. Second Reading for Renewal of Ambulance
Franchises for Five Durham County
Ambulance Providers for a Three-Year Period (approve for Bahama Volunteer Fire
Department, Bethesda Volunteer Fire Department, Redwood Volunteer Fire
Department, Parkwood Volunteer Fire Department, and Duke Life Flight);
d. Line Cleaning and Television Inspection of
the Collection System Tributary to the Triangle Wastewater Treatment Plant—RFP#:
05-022 (authorize the Manager to enter
into a contract with ABE Utilities not to exceed $40,354.35 and approve annual
renewals for up to five years subject to availability of funds);
e. Budget Ordinance Amendment No. 05BCC0000053—The
Durham Center (approve the budget increase in Medicaid funds for $2,500,000);
f. Budget Ordinance Amendment No.
05BCC0000054—The Durham Center—Acceptance and Allocation of Grant Funds (approve
the appropriation of $246,779);
g. Duke University Health System Request for
EMS Rate Adjustment (approve a temporary rate adjustment to $200 per trip until
the construction interruption in the helipad area is completed); and
h. Contract Award for County
Building Security Services to Wackenhut Corporation (RFP# 05-010) (authorize
the Manager to enter into the contract at the hourly rate of $17.14 for Company
Police Officers (CPOs) and $25.01 for Special Police Officers (SPOs) for
$511,684.93 for FY 2005-06).
7. Public
Hearing for the Draft 5-Year Consolidated Action Plan and FY 2005-2006 Annual
Action Plan for Use of HOME/ADDI Funds
15 min.
The City of Durham Department of
Housing and Community Development requests that the Board of County
Commissioners hold a public hearing to receive citizen comments on the Draft
5-Year (FY 2005-2010) Consolidated Action Plan and FY 2005-2006 Annual Action
Plan. The purpose of this public hearing
is to receive citizen comments on the proposed priorities for use of HOME
Investment Partnership/American Dream Downpayment Initiative (HOME/ADDI) funds
by Durham Consortium over the next five years to address housing and community
development needs in Durham,
as required by the U.S. Department of Housing and Urban Development (HUD). The FY 2005-2006 Annual Action Plan
(Attachment A) sets forth the specific sub-recipients and activities that are
recommended for funding with HOME/ADDI, CDBG, and ESG allocations during the
first fiscal year of the new 5-Year Plan.
City staff are gathering data,
writing sections on additional initiatives (such as programs for ex-offenders),
and refining the draft Consolidated Plan each day. The draft Consolidated Plan is currently
available electronically on the City of Durham
website, www.durhamnc.gov, and will be updated
approximately weekly. Please see the
Proposed Consolidated Action Plan Schedule, Attachment B.
County Manager’s Recommendation: The Manager recommends that the
Board old the public hearing for the Draft 5-Year Consolidated Action Plan and
FY 2005-2006 Annual Action Plan to receive citizen comments.
15 min.
The Board is requested to approve a
zoning map change for a 34.47-acre site located on the west side of Page Road
between I-40 and Comstock Road, PIN 0747-02-97-5123; -01-07-2579. Request: RD to PDR 7.9
A development plan is submitted as
part of the rezoning request. Staff
recommends approval. The Durham Planning
Commission conducted a public hearing on March 8, 2005 and recommended denial
with a vote of 7-4.
The public hearing for this request
was advertised on April 8 and 15, 2005 in The Herald-Sun.
Resource Person(s): Frank M. Duke, AICP, Planning Director
8a. Legislation
of Interest
15 min.
The Association of County
Commissioners
has sent a memorandum regarding five bills which have been introduced in the
State Senate and which are expected to be considered in committee in the next
week or two. One of the bills, S932, has
already received the support of the Board of Commissioners. It is requested that the Board support S856,
S933, and S1143, and further that the Board go on record opposing S1048. No request is made as to S792.
S856 is a bill which would clarify that
government attorneys’ work-product (documents created in the scope of preparing
for trial) are not public records until after the trial is over. This issue became confused last year after
the Court of Appeals attempted to overrule a prior decision of the Court.
S933 is a bill which has been introduced
as the result of a lawsuit in which a county worker reported to the Sheriff
what appeared to be criminal activity.
The worker was subsequently sued for defamation. This bill would help prevent such suits.
S1143 reinstates the “public duty
doctrine" which protected county workers, such as building inspectors, from
suit in performing their duties. The
Supreme Court suddenly changed the law a few years ago and held that the
“public duty doctrine" only applied to law enforcement officers and State
workers.
S1048 is a bill which would outlaw the
use of Social Security numbers by local governments unless specifically allowed
by a law. This would have the effect of
making identification more difficult, and would be especially difficult for the
Tax Office to use Social Security numbers to identify individuals in collection
cases.
9. Closed Session
55 min.
_________
2 hrs. 35 min.
