THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, May 14,
2001
AFTER AGENDA
3:00 P.M.
Capital Improvement Plan Worksession
To discuss the 2002-2011 CIP.
________________________
5:00 P.M.
Closed Session
________________________
7:00 P.M.
Opening of Regular
Session
Chairman Black
opened the Regular Session with the Pledge of Allegiance.
Agenda Adjustments
County Attorney Chuck Kitchen added
a Resolution and Notice of Hearing on the Alcoholic Beverage Control Board.
Vice-Chairman Reckhow wished to add a quick
announcement relating to an appointment of Chairman Black.
Chairman Black said that on May 9, 2001,
that she, Vice-Chairman Reckhow, Commissioner Heron, County Attorney Chuck
Kitchen, County Manager Mike Ruffin, Deputy County Manager Wendell Davis, and
Public Relations Director Deborah Craig-Ray attended a rally in Raleigh.
Ms. Craig-Ray said that counties from
across the state were asked to come and show their concern about the $95
million that has been escrowed by Governor Easley to handle the state’s
financial crisis. Approximately 150
officials attended the rally. The
Board’s mission was to express that counties need the money restored to their
individual budgets.
Chairman Black said that the signs carried
by the Commissioners spoke to many of the issues relating to county government
and the need for additional funding, as well as making certain our state
legislators understand that we need our reimbursement returned and that we need
additional revenue options.
Vice-Chairman Reckhow said she thought the
staff of the NCACC did an excellent job conveying the history of Medicaid and
the burden local governments must bear in paying 5.5 percent of all Medicaid
costs. This currently represents 6
cents on Durham County’s tax rate and is projected to increase continually. Our property tax revenue is not growing at
the rate the Medicaid costs are growing.
This is an important message to get across to our legislators.
Minutes
Commissioner
Bowser moved, seconded by Vice-Chairman Reckhow, to approve the following
minutes as submitted:
February
12, 2001 Regular Session
March
26, 2001 Health and Human Services
March
29, 2001 Worksession
April
9, 2001 CIP Worksession
April
9, 2001 Regular Session
and
the following minutes as corrected:
March
26, 2001 Regular Session
April
23, 2001 Regular Session
The
motion carried unanimously.
Resolution for Brit
Strickler
County Manager's Recommendation: Approve the
resolution and present to Brit Strickler, along with thanks for her public
service to the community.
Vice-Chairman Reckhow announced an
upcoming “Friends of the Library" Book Sale and citizens wishing to donate
books may do so. This sale is another
way that money is raised for the Library.
Proclamation
for North Carolina Central University Chancellor Julius L. Chambers
County Manager's Recommendation: Approve
the proclamation and present to Chancellor Julius L. Chambers, along with the
sincere appreciation of the Board of County Commissioners.
The following proclamation was read
into the record and would be presented to
Dr. Chambers at a later time:
Announcement
Vice-Chairman Reckhow wished to
publicly acknowledge that Chairman Black was appointed to the Health and
Wellness Trust Fund Commission, which is charged with distributing $22 million
from the tobacco settlement.
Consent Agenda
Vice-Chairman
Reckhow moved, seconded by Commissioner Bowser, to approve the following
consent agenda items:
(a) Budget Amendment No. 01BCC000060—Criminal
Justice Resource Center, Juvenile Day Reporting Center (approve the budget
amendment in the amount of $258,720 and approve the establishment of two
provisional Court Specialist positions to serve as liaisons between Safe
Schools/Healthy Students grant partners and the juvenile justice system);
(b) Budget Ordinance Amendment No.
01BCC000061—Social Services—Recognize New Child Care Subsidy Revenues
(recognize new revenues in the amount of $1,536,342 for child care subsidy
payments to allow the program to continue at its present level for the
remainder of the current fiscal year);
(c) Budget Ordinance Amendment No.
01BCC000062—Social Services (DSS)—Request to Accept New Revenues to Provide
Medicaid Reinstatements (accept $75,000 in additional federal revenues
necessary to complete the Medicaid Reinstatement Project);
(d) Budget Ordinance Amendment No.
01BCC000064—Recognize Deferred Revenue for Publication of Durham County
Historic Inventory Book (recognize deferred revenue in the amount of $17,000
for the publication of the Historic Inventory Book);
(e) Amendment to Records Retention and
Disposition Schedule (approve the schedule amendments to allow for the
destruction of records which no longer have any utility within a reasonable
time frame);
(g) Standard Non-Reimbursable Contracts for the
Extension of the County Sanitary Sewer System—Fairfield Subdivision (Phase 4A)
and Research Triangle Charter Academy) (authorize the County Manager to execute
the utility contracts for these additions to the County sanitary sewer system);
(h) Offer to Purchase County Property—704 Gaston
Avenue (pursue the upset bid process; the Board has the authority to accept or
reject any offer at the conclusion of the upset bid process);
(i) Capital Projects Amendment No.
01CPA000011—Close Durham Public School Projects (close the three capital projects:
Jordan High Roof Replacement $25,693, CC Spaulding Circular Drive $2,013, and
Mangum Primary Roof Replacement $11,354 for a total budget decrease of
$39,060.00); and
(j) Approve
Amendment to Installment Financing Contract Amendment—First Union Building
(approve the amendment to include interest on the proceeds from the original
1996 funds).
The motion carried unanimously.
Commissioner Heron asked to pull
consent agenda item No. h for discussion.
Public Hearing—K.
Dan McKittrick, Applicant (Rezoning Case P00-87)
K. Dan McKittrick presented to the Board of County
Commissioners a request to rezone
23.98 acres located at 7601 and 7721 Herndon Road, PIN #0727-01-08-7357; Tax
Map 533-01-3. Request: RD (F/J-B) to PDR 2.25 (F/J-B). The proposal is in general conformance with
the adopted small area plan and 2020 Plan, and the Area C Draft I-40-NC 54
Corridor Study supports low-density residential development (up to 4 units per
acre). Staff recommends approval. The Zoning Committee of the Durham Planning
Commission conducted public hearings on January 23, 2001 and March 13, 2001,
and voted 6-1 to recommend denial.
The public hearing for this request was advertised on April
6 and April 13, 2001 in the Durham Herald-Sun.
The public hearing
on this request was held and closed and a decision on this request was
continued from the April 23, 2001 County Commissioner meeting.
Resource Person(s): Sheila Stains-Ramp, Planning
Supervisor, and Dick Hails, Assistant Planning Director
Commissioner Heron moved, seconded by Vice-Chairman Reckhow,
to approve Rezoning Case P00-87.
The
motion carried unanimously.
Major Site
Plan—Public Service—D01-111
County Manager's Recommendation: The
Manager’s recommendation is that the Board receive the presentation and approve
the site plan.
Vice-Chairman
Reckhow moved, seconded by Commissioner Heron, to approve the major site plan.
The
motion carried unanimously.
New Hope Creek Open
Space Acquisition
The Board is being
requested to approve the purchase of a conservation easement as part of the New
Hope Corridor Open Space project.
The County has
previously approved the purchase of nine properties totaling
325.7 acres within the New Hope Creek acquisition area. In 1997, the County received a $750,000
Clean Water Management Trust Fund grant to assist the County with land
acquisition and protection in the New Hope Creek Corridor. The CWMTF dollars greatly stretch the
County’s public investment in funds allocated for New Hope Creek land acquisition.
The proposed
purchase is for a conservation easement of approximately 27.1 acres of wooded
bottomland with Mud Creek frontage, which is a major tributary of New Hope
Creek. The easement for the parcel may
be purchased for $1,342 per acre, with an estimated total acquisition cost of
$44,973. It is estimated that approximately $37,327 of these costs would be
reimbursed by the CWMTF, leaving the County’s share of the easement purchase at
$7,646 after reimbursements are received.
Resource Person(s): Mike Giles, Open Space Land
Manager, City-County Planning and Dick Hails, Assistant Planning Director,
City-County Planning
Introduction of
Bond Order
Commissioner Heron
moved, seconded by Commissioner Bowser, to approve the order as the next step
in the bond process.
The motion carried
unanimously.
City–County Unified
Development Ordinance Contract Authorization
The Durham
City-County Planning Department solicited proposals from consultants with
expertise in the preparation of a Unified Development Ordinance (UDO) to
prepare such an ordinance for Durham City and County. This ordinance effort is the central implementation program for
addressing regulatory reforms set forth in the recent Smart Growth Audit. The Planning Department received three
proposals. Each proposal consisted of a
team of consultants. It is recommended
that the City and County extend a two-year contract to the firm of Duncan &
Associates in the amount of $189,500 for the preparation of a UDO and web site
adaptation of the final ordinance. The
contract would provide a Phase I work effort to be conducted in an amount not
to exceed $130,000 with implementation not to begin until July 1, 2001. Phase 2 of the contract, in the amount of
$59,500, would be funded in the next fiscal year.
Resource Person(s): Dick Hails, Interim Director, and
Bonnie Estes, Assistant Director, Durham City-County Planning
County Manager's Recommendation: The
Manager’s recommendation is that the Board authorize the Manager to execute a
three-party agreement in conjunction with the City of Durham and Duncan
Associates for the development of a Unified Development Ordinance.
The
Commissioners decided to delay formal action on this item until the next
Regular Session (June 11), at which time questions raised by the Board members
would be answered.
Approval of
Proposal for Public School Impact Fee Study
Resolution
and Notice of Hearing—ABC Board
Commissioner
Bowser moved, seconded by Vice-Chairman Reckhow, to request that the State
Auditor be asked to audit the ABC Board’s financial records and inventory as
soon as possible.
The
motion carried unanimously.
Commissioner
Heron moved, seconded by Chairman Black, to request that the ABC Board hire an
auditor if the State Auditor is not available immediately.
The
motion carried unanimously.
Vice-Chairman
Reckhow moved, seconded by Commissioner Heron, to approve the resolution asking
that the three ABC Board members attend a quasi-judicial public hearing before
the County Commissioners on
May 31, 2001 at 2:30 p.m. to show cause why they shouldn’t be removed from the
board.
The
motion carried with the following vote:
Ayes: Black,
Cousin, Heron, and Reckhow
Noes: Bowser
Commissioner
Bowser asked the record to reflect that he did not vote in favor of the motion
because he disagrees with the wording of the resolution.
Board and
Commission Appointments
Garry E. Umstead,
CMC, Clerk to the Board, distributed ballots to make appointments to the
following boards and commissions:
·
Durham Planning Commission—Dewey A. Davis
·
Community Child Protection
Team/Child Fatality Prevention Team—Diane E. Wingo
·
Convention and Visitors Bureau—William A. Kalkhof
·
Historic Preservation Commission—William T. Hutchins Jr.
Resource Person(s): Garry E.
Umstead, CMC, Clerk to the Board
The meeting was adjourned at
approximately 9:30 p.m.
