THE BOARD OF COUNTY
COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, March 25, 2002
AGENDA
4:00 P.M.
– 6:00 P.M.
Discussion of FY
2003 Budget with County Department Heads
County Manager's
Recommendation:
Receive the presentations and advise the staff if additional action is
necessary.
________________________
7:00 P.M.
Regular
Session
1. Opening of Regular Session—Pledge
of Allegiance
2. Agenda Adjustments—none
3.
Minutes
a.
February
4, 2002 Worksession
b.
February
11, 2002 BOCC/Library Board of Trustees
c.
February
25, 2002 BOCC/Area Board of Mental Health
d.
February
25, 2002 Regular Session
e.
February
26, 2002 BOCC Retreat (continued)
f.
March
11, 2002 Closed Session
Commissioner Bowser moved, seconded
by Vice-Chairman Reckhow, to approve the February 4, 2002 Worksession Minutes
as corrected. The February 11, 2002
BOCC/Library Board of Trustees, February 25, 2002 BOCC/Area Board of Mental
Health, February 25, 2002 Regular Session, February 26, 2002 BOCC Retreat
(continued), and March 11, 2002 Closed Session Minutes of the Board were
approved as submitted.
The motion carried unanimously.
4. Proclamation for Dr. James H. Ammons
Events culminating with the official installation of Dr.
James H. Ammons as Chancellor of North Carolina Central University are planned
for the first week in April 2002. A
proclamation has been prepared for the Board of County Commissioners’ approval
designating April 6, 2002 as “Dr. James H. Ammons Day" in Durham County.
Dr. Ammons brought his vision to the
University in July 2001. As he assumed
the mantle of leadership, he noted his desire to enhance the image and academic
offerings at North Carolina Central University. In particular, he stated his desire to expand course offerings to
attract top student achievers and hope to add degree programs in pharmacy,
computer engineering, software engineering, actuarial science journalism, and
architecture. He also noted that he
wants the university to offer Ph.D. programs in education and biomedical
sciences.
In short order, Dr. Ammons has
become actively involved in the Durham community and has received local
honors. The News & Observer
named Dr. Ammons of the “10 to Watch in 2002."
He was selected as the honorary chair of 2001 “Light up Durham" and
co-chair of the Durham Public Education Network.
County Manager's Recommendation: Approve the proclamation and
forward to
Dr. James H. Ammons along with the Board’s best wishes for his successful
tenure as Chancellor of North Carolina Central University.
5. Proclamation for National Nutrition
Month
National Nutrition Month is observed
annually to emphasize the importance of maintaining a healthy lifestyle through
making healthful eating choices for a lifetime. The Chairman has been asked to
proclaim March as “National Nutrition Month" in Durham County. Tracey Bates,
Health Promotion Nutritionist for the Public Health Department, will receive
the proclamation.
County Manager's Recommendation: Approve the proclamation and
present it to
Ms. Bates.
6. Introduction
of the New City-County Planning Director
The Board had an opportunity to meet Mr. Frank Duke, the
newly appointed Joint
City-County Planning Director. Mr. Duke
comes to Durham from the state of Florida where he served as the Director of
the Planning Division of Palm Beach County in West Palm Beach, FL. As Planning Director for Florida’s largest
county geographically, he was responsible for the implementation,
interpretation, and amendment of the County’s comprehensive plan. Prior to being named Director in 1997, he
was the Senior Supervising Planner for the South Florida Water Management
District for West Palm Beach, where he led the development of the District
Water Management Plan and served as Director of Community Development and
Planning for Bay County (Panama City, FL) from 1982 to 1989. He has held other planning and economic
analyst positions in Tallahassee and Sarasota.
Mr. Duke holds Bachelor of Arts degrees from Auburn
University and the University of Alabama at Birmingham. He earned a Master’s degree in Planning from
Florida State University in 1987, with a concentration in housing and economic
development. He also holds a Master’s
degree in History from Auburn University.
Resource Person(s): Wendell M. Davis, Deputy County Manager
County Manager's Recommendation: The Manager’s recommendation was
that the Board welcome Mr. Duke as the new City-County Planning Director.
7. Donation of Conservation Easement by
Irmgard S. Hill
This 32-acre parcel is one tract
within the larger Quail Roost Farm complex.
The property is primarily in open pasturelands for horses, and includes
a large farm pond. The property
includes naturalized woodland along Mountain Creek, a tributary of the Little
River Reservoir, which forms the western property line. The property includes an existing dwelling
and associated barn and outbuildings, which will not be restricted by the
easement.
In August 2001, the BOCC adopted the
Little River Corridor Open Space Plan, which specifically recommends the
preservation of Quail Roost Farm as open space due to its importance for
farmland, wildlife habitat, and scenic character. This easement is significant, both in its being a donated
farmland easement under the county’s farmland preservation program, but also as
the first within the Little River watershed.
The County is fortunate to have the
continued existence of Quail Roost Farm as a major contributor to the scenic
character in northern Durham, and is further fortunate that the property owner
is committed to preserving these values with a permanent conservation easement.
County Manager's Recommendation: Accept the conservation easement.
Vice-Chairman Reckhow moved, seconded by
Commissioners Bowser and Heron, to accept the conservation easement.
The motion carried unanimously.
8. Hearing to Consider Refund of Excise Taxes due to Incorrect
Recording
Removed from the agenda.
9.
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);
b.
Cancellation
of the April 1, 2002 BOCC Worksession (cancel the April 1, 2002 Regular Session
of the Board);
c.
Renewal
of Ambulance Franchise for Johnston Ambulance Service (approve the franchise
renewal as requested);
d.
Conveyance
of Surplus Vehicle (authorize the County Manager to convey the surplus vehicle
described herein in consideration for the limited use of the vehicle for a
public purpose only, and to publish notice of such conveyance as required by
G.S.§160A-267); and
e. Northeast Durham Small-Area Plan
(accept the revised plan recommendations and adopt the Northeast Durham
Small-Area Plan. Actual revisions have
not been made to the plan given that the City Council has not had an
opportunity to consider the plan).
Chairman Black removed consent
agenda item No. 9(e). Two citizens
signed to speak on that item.
Vice-Chairman Reckhow moved,
seconded by Commissioner Bowser, to approve consent agenda item Nos. 9(a, b, c,
and d).
The motion carried unanimously.
The Northeast Durham Small Area Plan
had been approved at the February 11, 2002 Regular Session. The plan would be forwarded to the City
Council for its approval.
10. Amendment
of the Contract for the Wastewater Utility Rate and Fee Study to Include the
Phase II Financial Feasibility Study
The Board is requested to approve a feasibility study for
the financing of Phase II of the Triangle Wastewater Treatment Plant
improvement project. A proposal was
received from Raftelis Financial Consultants to complete this work as an
amendment to the current contract for a rate/fee study, approved by the Board
on November 12, 2001. The cost of the
feasibility study is $ 44,200 (not to exceed).
The planning and design of the Triangle Wastewater Treatment
Plant (TWWTP) upgrade and expansion project has been underway for several years
to meet new regulatory requirements and provide additional capacity for future customers. It is critical that this project proceed to
meet the January 1, 2004 regulatory requirements to remove Nitrogen. The Board of County Commissioners approved
construction contracts for Phase I of the project on January 14, 2002. Phase II plans were submitted to the State
of North Carolina in December 2001.
Advertisement for bids is expected in April 2002 and construction is
expected to begin in July 2002.
Phase II will be financed with Special Obligation Bonds
(SOBs) as per the approved Capital Improvements Program (CIP). To proceed with financing, a feasibility
study is required. The feasibility
study is required by the Local Government Commission (LGC) to demonstrate the
adequacy of cash flow for debt service purposes and to determine, if any,
additional support is needed. Special
Obligation Bonds were recommended because we believe there will be insufficient
coverage to support Revenue Bonds.
Generally, a debt coverage ratio of 1.75 to 2.5 is required for Revenue
Bonds (all from rate).
Much of the same data collection and analysis is required
for both the rate/fee study and feasibility study; therefore, we recommend that
the current contract with Raftelis Financial Consulting be amended to include
the feasibility study. The fee of $44,200
was negotiated for this service.
Combining the two studies achieves cost savings of approximately
$16,000.
Resource Person(s): George Quick, Director of Finance;
Pam Meyer, Budget Director; Chuck Kitchen, County Attorney; Glen E. Whisler,
P.E., County Engineer; and Wendell M. Davis, Deputy County Manager
Vice-Chairman Reckhow moved,
seconded by Commissioner Cousin, to approve agenda item No. 10.
The motion carried unanimously.
_________________________
Vice-Chairman Reckhow moved,
seconded by Commissioner Cousin, to direct the County Manager to engage in
discussions with the City with the goal of obtaining a long-term contract.
The motion carried unanimously.
11. Triangle
Wastewater Treatment Plant Project (Phase II)—Underwriting Contract for Special
Obligation Bonds
On Friday March 8, 2002, Durham
County closed the RFP (02-027) for underwriting services relative to an
issuance of special obligation bonds to finance Phase II of the Triangle
Wastewater Treatment Plant project. The
Local Government Commission requires an underwriter for the issuance of special
obligation bonds. After a review of all
proposals, staff recommends the firm of Jackson Securities Incorporated
(Atlanta, GA) and Morgan Keegan & Company Inc. (Durham, NC) as Co-Managing
Underwriters at a cost of $107,423.50.
The basis for this recommendation is cost. All of the bidders reflect acceptable experience and expertise to
accomplish the mission. The other
bidders follow:
Bank of America $135,586.00
Wachovia $137,253.15
Legg Mason $141,950.00
Salomon Smith Barney $161,210.05
BB&T $179,250.00
Morgan Keegan & Company Inc.
requested to participate as Co-Managing Underwriters only.
The Bonds will be used to finance improvements for Phase II
of the Triangle Wastewater Treatment Plant project. This project has been in design for several years and is
necessary to meet new regulatory requirements.
The project is approved in our CIP for $35 million; however, only $25
million must be issued for this phase.
The award meets all of the County’s MWBE requirements as set forth in
the County’s MWBE Ordinance.
A motion was made and seconded to
authorize the County Manager to execute the contract.
The motion carried unanimously.
12. Site Plan Approval for EMD
Pharmaceuticals (D01-792)
Coulter, Jewell, Thames, PA, on behalf
of EMD Pharmaceuticals, has submitted a plan for a 213,350 square-foot
manufacturing warehouse, lab/research and office building and 186 parking
spaces on a +109.052-acre site, zoned I-2 and F/J-A Watershed
Overlay. The property is located on the
west side of Teknika Parkway, on the south side of Red Mill Road, and east of
Old Oxford Road. (Tax reference 950-1-1 (part); PIN 0845-02-67-5196 (part);
Durham County Street Atlas Page 30, Block D-1, Page 31, Block A-1, Page 36,
Blocks C-4 and D-4, and Page 37, Block A-4).
Governing Body approval is required for site plans greater than 25,000
square feet and for all non-residential projects in the F/J-A. Notice of the governing board consideration
of this site plan has been published in the newspaper in accordance with the
requirements of the Durham Zoning Ordinance Section 5.5.5.1 for non-residential
projects within the F/J-A. A Traffic Impact
Analysis has been reviewed and accepted by the Transportation Department. Improvements to be made as a result of that
study are reflected on the site plan.
The Planning staff is recommending that the plan be approved.
Resource Person(s): Teri Danner, Senior Planner and Steve Medlin, Planning
Supervisor
Vice-Chairman Reckhow moved, seconded by
Commissioner Bowser, to approve the site plan.
The motion carried unanimously.
13. Resolution
Providing for Issuance of Bonds and Reimbursement Resolution for Library Bonds
Also
included in the proposed proceedings is a reimbursement resolution for any
expenditures made within 60 days of the resolution for library purposes. Bond counsel has suggested that a
reimbursement resolution would be appropriate so there is no question as to
whether the preliminary expenditures for libraries would be able to be repaid
from the bond proceeds.
County Manager's Recommendation: Approve the two resolutions so
that the sale of the GO bonds may proceed in an orderly manner.
Commissioner Heron moved, seconded
by Vice-Chairman Reckhow, to approve the two resolutions.
The motion carried unanimously.
