THE BOARD OF COUNTY
COMMISSIONERS
DURHAM, NORTH CAROLINA
April 28, 2003
POST AGENDA
4:00 P.M. Joint
Session
Board of County Commissioners and
Durham Public Schools Board of Education
_______________________
7:00 P.M. Regular
Session
1. Opening of Regular Session—Pledge
of Allegiance
2. Agenda Adjustments
Commissioner Heron wished
to add an item concerning House Bill 397 which is pending in the Legislature
and will impact the county.
Vice-Chairman Bowser added
an item regarding the dangerous intersection of Moores Mill and Red Mountain
Roads in Rougemont. Also, he wanted to
talk about the potential erection of a state mental health hospital in this
area.
Chairman Reckhow added an
outgrowth from the 4:00 p.m. meeting with the school board; the Commissioners
should consider contacting the General Assembly on the major cuts to the school
budget.
3. Minutes
3aa. Presentation of the Durham Careers in
Hospitality
3ab. Annual Durham County Commissioners
Great Family Fun Walk
4.
Consent Agenda
Commissioner Cousin
moved, seconded by Commissioner Heron, to approve the following consent agenda
items:
(a) Appointments to Durham
Workforce Development Board (approve the appointment of Chairman Reckhow and
Vice-Chairman Bowser to the Durham Workforce Development Board);
*(b) Budget Ordinance Amendment No. 03BCC000060—Fire
Marshal—Recognition of Federal Grant Monies Disbursed Through State Emergency
Management—“Continuity of Operations/Government" (approve Budget Ordinance
Amendment No. 03BCC000060 to recognize funds of $27,200 in federal grant monies
disbursed through NC Emergency Management);
*(c) Budget
Ordinance Amendment No. 03BCC000061—Fire Marshal—Recognition of Federal Grant
Monies Disbursed Through State Emergency Management—“Weapons of Mass
Destruction" and “Exercise Funding" (approve Budget Ordinance Amendment
No. 03BCC000061 to recognize the amount of $74,953 in federal grant monies
disbursed through NC Emergency Management);
*(f) Interlocal
Cooperation Agreement for Sales Tax Distribution (approve the Interlocal
Agreement in order for the County to receive the increased revenues); and
(g) Exemption
of Architect Contract (exempt the architect’s contract to evaluate the YMCA
Daycare building from the bidding requirements).
The motion
carried unanimously.
Commissioner
Heron wished to make comments regarding consent agenda item
Nos. 4(b) and 4(c). She suggested that
representatives from Durham County Animal Control and Animal Shelter be
included in the decision-making process for the disaster plan.
5. FY 2003-2004
Draft Consolidated Action Plan Public Hearing
The adopted Citizen
Participation Plan requires that two public hearings be held prior to
Consolidated Action Plan submission to the Department of Housing and Urban
Development (HUD). The purpose of the
first public hearing, held on February 24, 2003, was to receive comments
pertaining to HOME program needs in Durham.
The purpose of the second public hearing is to receive comments on the
use of FY 2003-2004 HOME funds as proposed in the Draft Consolidated Action
Plan which was made available for public review March 20, 2003 through April
20, 2003.
The Durham
City-County HOME Consortium anticipates receiving total HOME Investment
Partnership (HOME) program funds in the amount of $1,456,000. This amount includes an annual HOME
allocation of $1,306,000 and program income in the amount of $150,000. The proposed use of FY 2003-2004 HOME funds
includes a Community Housing Development Organization (CHDO) set-aside,
substantial homeowner rehabilitation activities for low-income city and county
residents, and a First-Time Homebuyers Program for city and county
residents. Housing and Community
Development staff is recommending that two FY 2003-2004 HOME proposals also be
funded: rehabilitation/historic preservation activities (Historic Preservation
Society of Durham) and Walltown housing development (Self-Help Credit Union). The Durham City-County HOME
Consortium will be required to provide a 25-percent match (non-federal funds)
to the total amount of HOME funds used directly for affordable housing
activities during FY 2003-2004. The
required match would be approximately $300,000 and would be funded with City
Housing Bonds and available County funds as outlined in the current Consortium
Agreement.
Charlene Montford, Director of the
City of Durham Department of Housing and Community Development, has reviewed
this request and recommends that the Board of County Commissioners hold the FY
2003-2004 Draft Consolidated Action Plan public hearing to receive citizen
comments.
County
Manager’s Recommendation: The Manager’s recommendation is that the Board
hold the FY 2003-2004 Draft Consolidated Action Plan public hearing to receive
citizen comments.
Mr. Pullum made a presentation to
the Board of County Commissioners.
Chairman Reckhow opened the public
hearing that was properly advertised.
Dr. Lavonia Allison spoke on
this item.
As no one else had
signed to speak on this item, Chairman Reckhow closed the public hearing and
referred the item back to the Board for comments.
Commissioners
Heron and Jacobs and Chairman Reckhow asked various questions of Mr. Pullum.
Mr. Pullum answered the questions.
No action was necessary regarding
this agenda item.
Cooperative
Extension Service requested Board approval of the Rural Operating Assistance
Program (ROAP) grant to be submitted to the North Carolina Department of
Transportation (NCDOT). The ROAP grant
consolidates the Elderly and Disabled Transportation Assistance Program
(EDTAP), Rural General Public Program, and the Work First/Employment Program
into a single application package.
EDTAP provides assistance in the transportation of the elderly and
disabled. The Work First
Transitional/Employment Program is intended to provide operating assistance for
transitional Work First. Rural General
Public funds will be used to supplement existing routes that currently serve
the County.
The
application proposes that $88,069 of governmental revenue be allocated to
support transportation for Durham County elderly/disabled residents through the
Elderly and Disabled Transportation Assistance Program (EDTAP), $27,040 for
Rural General Public Transportation (RGP), and $14,049 for Work First
Transitional/Employment. These funds
support the transportation needs of citizens through County and nonprofit human
service agencies. Funding will be used
to assist with transportation services from July 1, 2003 through June 30, 2004.
NCDOT
annually allocates funds for EDTAP, RGP, and Work First. Durham County will receive $129,158 for FY
2003-2004.
Funds shall be used to provide
services for the noted agencies:
Council of Senior
Citizens Dept. of Social Services (Adult)
Durham Exchange Club Industries Retired and Senior Volunteer Program
Services for the Blind Piedmont Consortium
7. Approval
of the DJJDP Funding Plan for 2003-2004
Dr. E. Lavonia Allison spoke on
this agenda item.
After questions were asked of Ms.
Lloyd, the following motion was made:
Vice-Chairman
Bowser moved, seconded by Commissioner Cousin, to approve the NC DJJDP Funding
Plan as recommended by the Durham Juvenile Crime Prevention Council.
The motion carried
unanimously.
8. American Tobacco Documents
The Board was requested to approve the
Development Agreement, Lease, and Design-Build Contract documents for the
American Tobacco Project in substantially the form as presented. As the financing for the project has not yet
been obtained, the lender may require some minor changes in the documents. As such, the Board is further requested to
allow minor amendments in the documents which do not change material terms upon
the agreement of the County Manager and County Attorney.
The financing is expected to be
completed in August or September 2003.
County Manager’s Recommendation:
The County Manager recommended that the Board approve the form of the documents
and allow for minor amendments upon the agreement of the County Manager and
County Attorney.
County Manager
Ruffin thanked Chairman Reckhow, Jim Goodman, Deputy County Manager Carolyn
Titus, County Attorney Chuck Kitchen, Budget Director Pam Meyer, Finance
Director George Quick, County Engineer Glen Whisler, Public Information Officer
Deborah Craig-Ray, Yolanda Moore-Gaddy (Purchasing), Mike Hill
The Board of
Commissioners was asked to approve the form of the following documents:
·
Development Agreement;
·
Parking Lease Agreement;
·
Design/Build Agreement; and
·
Interlocal Cooperation Agreement.
County
Attorney Kitchen made a PowerPoint presentation on the following:
Key points:
·
County will contract with American
Campus, LLC (ACL) to build 1140-space parking garage (“South Garage").
·
County will build a 441-space
parking garage on the DATA site (“East Garage") if ACL builds Diamond View II
Office Building (DVII).
·
Of the 441 spaces, 336 will be for
DVII parking and 105 will be for Diamond View I (DVI) replacement parking.
City obligations:
·
City will contract with ACL to build
a 1311-space garage (“North Garage").
·
City will build a garage next to the
County East Garage which will hold 110 spaces.
·
The two garages will functionally
work as one garage.
·
City will provide approximately
$8,356,520 in Economic incentives to ACL.
ACL obligations:
·
ACL will renovate the American
Tobacco Complex including the restoration of approximately 374,436 feet of
predominantly commercial office space with some retail or restaurant uses
(Phase I).
·
ACL will renovate approximately
108,000 feet of space which may include several different uses (Phase IA).
·
ACL may build Diamond View II, an
approximately 90,000-square-foot office building.
·
ACL may build Phases III
(approximately 174,390 square feet) and IV (178,756 square feet) of the
remaining buildings on the American Tobacco site.
·
No additional parking will be
provided by the public sector for Phases III and IV other than the decks as
outlined.
Financial
commitment:
·
County will pay to ACL the sum of
$14,435,514 (including approximately $238,246 in sales tax which will be
recovered) to design and construct the South Garage.
·
If DVII is built, County will pay to
ACL The sum of $5,397,178 (including approximately $94,718 in sales tax) to ACL
to design and construct the East Garage.
·
County will pay ACL $18/month per
space to manage all parking spaces.
Revenues:
·
ACL will lease 100 percent of the
South Garage spaces and 100 percent of the DVII spaces from County.
·
County will lease 100 percent of DVI
replacement spaces to City which will sublease the spaces to ACL.
·
ACL will pay to the County $45/month
per space to lease the South Garage and DVII spaces.
·
City will pay to the County
$18/month per space (or actual amount of management fee) to lease the DVI
spaces.
·
ACL will pay $60,000 per season for
baseball parking for South Garage.
Miscellaneous:
·
If the theater is built, ACL will
manage parking with revenues after expenses coming to County.
·
There will be free public parking
for the restaurants after 6:00 p.m.
·
ACL will have restrictive covenants
in deeds for property so that none will apply for historic property tax
designation for 20 years.
·
County will have restrictive
covenants that it will lease 90 percent of the parking in the decks for monthly
parking.
·
County M/WBE Ordinance provisions
will be used in the construction of the decks.
·
Financing of the decks is
anticipated to be through a § 160A-20 transaction called a “private placement"
with a lending institution.
·
The financing for each of the County
decks will be taxable financing.
Policy statement:
The American
Tobacco project is a unique opportunity to provide public parking for an area
that once comprised the largest tobacco company in the world. Due to the special location and relationship
of the campus to downtown Durham and the opportunity to reinvigorate a section
of Durham, the County is undertaking this project. It is the intention of the County that the building of parking
decks as outlined in the agreements will not be repeated, and thus no formal
policy for any future projects is needed.
Chairman Reckhow
called on the following citizens to speak:
Dr.
E. Lavonia Allison
J.
C. Scarborough III
Floyd McKissick Jr.
Ted Conner
Commissioner Jacobs
moved, seconded by Commissioner Heron, to approve the form of the documents
(Development Agreement, Parking Lease Agreement, Design/Build Agreement, and
Interlocal Cooperation Agreement) and allow for minor amendments.
The motion carried
unanimously.
_________________________
Commissioner Cousin
moved, seconded by Commissioner Jacobs, to approve the policy statement.
The motion carried
unanimously.
House Bill 397
Commissioner Heron asked
County Attorney Kitchen to explain this item.
County Attorney Kitchen
reviewed the following projected EMS costs for H397 (House budget):
·
EMS $10,000
·
911
11,100
·
County Fire 22,150
Commissioner Heron
wanted the Board to go on record to express its concerns to the State Senators
regarding this House Bill.
Commissioner Heron
moved, seconded by Commissioner Cousin, that the Board of County Commissioners
make every effort to inform the local delegation of the negative impact this
bill would have on our local EMS and that it should be pulled immediately.
The motion carried
unanimously.
Intersection of Moores Mill and Red
Mountain Road
Vice-Chairman
Bowser expressed concern about the number of accidents which had occurred at
this intersection. Residents had asked
Vice-Chairman Bowser to address the Board for a solution to this dangerous
problem.
Vice-Chairman
Bowser moved, seconded by Commissioner Heron, to write a letter to John Nance
(copy to Ty Cox) with the NCDOT about a solution to the potential danger at
this intersection.
The motion carried
unanimously.
State Mental Hospital
Vice-Chairman Bowser directed the
County Manager to look into the possibility of asking Health and Human Services
in Raleigh to build the hospital in Durham.
Durham Public Schools
Commissioner Jacobs
moved, seconded by Commissioner Cousin, that a letter be faxed to the state
senators and a copy to the governor concerning the amount of cuts to our school
system.
The motion carried
unanimously.
9. Nominations for Appointments to the
Duke University Health System Board of Directors
Resource
Person(s): Garry E. Umstead, CMC, Clerk to the Board
The Commissioners
selected the following:
Arnett Coleman, MD
Mary D. Jacobs,
Ed.D.
Penelope A. Keadey
10. Board Appointments—Durham County
Hospital Corporation Board of Trustees
