THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, January 14,
2002
AGENDA
5:30 P.M.
Closed Session
Regular Session
7:00 P.M.
1.
Opening of Regular Session—Pledge of Allegiance
2.
Agenda Adjustments
Commissioner Bowser asked to add an item to discuss
Orange County’s proposal to establish workshops with Durham County concerning
the Shearon Harris nuclear plant.
Chairman Black asked to add an item to make comments on
her visit to the food bank.
3.
Minutes
a.
August 27, 2001 Regular Session
b.
November 11, 2001 Worksession
Commissioner Heron moved, seconded
by Vice-Chairman Reckhow, to approve the minutes as submitted.
The motion carried unanimously.
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.
Finance Director Quick introduced the item. Two members of the firm presented the item.
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)
Chairman Black included Agenda numbers 9 and 13 in the Consent
Agenda, as they were left out when the agenda was compiled.
Commissioner Bowser moved, seconded
by Commissioner Heron, to approve Consent Agenda items 5a, b, c, d, e, f, g, h,
i, j, k, Agenda item 9, and 13.
The motion carried unanimously.
Consent
Agenda item 5l was removed for discussion.
Commissioner Bowser moved, seconded by Commissioner
Cousin, to approve Consent Agenda item 5l.
The motion carried with the following vote:
Ayes: Black,
Bowser, Cousin, and Heron
No: Reckhow
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.
The Public Hearing was opened for comment. Persons signed to speak follow:
Peter Anlyan, Steve Brantley, Phillip Vereen, Ted
Conner, Beth Hill, Gordon Copeland, and Tom White—all representing the Greater
Durham Chamber of Commerce.
There being no other speakers, Chairman Black closed the
Public Hearing.
Vice-Chairman Reckhow moved,
seconded by Commissioner Heron, to approve the contract between the County of
Durham and AW of North Carolina to allow for the reimbursement of costs
associated with the site preparation.
The motion carried unanimously.
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.
Chairman Black opened the Public Hearing. There being no speakers signed, the Chairman
closed the Public Hearing.
Vice-Chairman Reckhow moved, seconded by Commissioner
Bowser, to adopt the ordinance with the revised end date of July 14.
The motion carried unanimously.
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.
Commissioner Heron moved, seconded
by Commissioner Bowser, to approve funding the three projects and the allocation of
the $59,725.00 of the budgeted Matching Grants Funds.
The motion carried unanimously.
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.
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.
Ronald Horvath presented the revised proposal and
explained for Commissioner Heron that the trend has changed for drug stores to
build separate buildings as opposed to the previous trend of grocery and drug
stores being connected in a strip mall.
Chairman Black asked if any of the ten persons signed
to speak were opposed to the plan as presented tonight. Three of the persons asked to speak:
Hugh Schrowang—opposed to anything other than that
proposed.
Lee Lambert—supported the revision.
George Ray Jr.—supported the commercial use for a
grocery store.
Vice-Chairman Reckhow moved,
seconded by Commissioner Bowser, to adopt the amendments as presented, using
the map posted at the meeting by C/C Planning staff.
The motion carried unanimously.
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
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.
Resource
Person(s): Wendell Davis, Deputy County Manager; Glen Whisler,
County Engineer; Pam Meyer, Budget Director; and Chuck Hill, Utility Division
Manager
Commissioner Bowser moved, seconded
by Vice-Chairman Reckhow, to approve the item.
The motion carried unanimously.
12.
Preliminary Resolution on Issuance of Special Obligation Bonds
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
Commissioner
Bowser moved, seconded by Commissioner Heron, to approve the resolution.
The
motion carried unanimously.
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.
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
THE MEETING ADJOURNED AT APPROXIMATELY 8:45
P.M.
