THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday,
February 9, 2004
7:00 P.M. Regular Session
ACTION MINUTES--DRAFT
Place: Commissioners’ Room, second floor, Durham County
Government Administrative Complex, 200
E. Main Street, Durham, NC
Present: Chairman Ellen W. Reckhow, Vice-Chairman Joe W. Bowser,
and Commissioners Philip R. Cousin Jr., Becky M. Heron, and Mary D. Jacobs
Absent: None
Presider: Chairman Reckhow
Opening of Regular Session
Chairman Reckhow opened the
meeting with the Pledge of Allegiance.
Agenda Adjustments
The following items were added to the agenda for discussion:
- Change in Primary
Date for Elections
- Operation
Breakthrough Financing
- McDougald
Terrace Branch of Durham
County Library
- Career and
Technical Education Taskforce
Announcements
- Chairman
Reckhow reminded the Board of a meeting with the Hospital Corporation
Board of Trustees on Wednesday,
February 18, 2004 at 11:00
a.m. at Durham
Regional Hospital.
- Chairman
Reckhow expressed appreciation for the resolution adopted by the North Carolina
Association of County Commissioners in support of Durham County’s
efforts to adopt a School Impact Fee.
Minutes
Commissioner Heron moved, seconded by
Vice-Chairman Bowser, to approve the January 5, 2004 Worksession Minutes as
corrected and the January 12, 2004 Regular Session Minutes as submitted.
The motion carried unanimously.
Resolution Honoring the Life of Coach Russell E. Blunt
A resolution was prepared to recognize the outstanding career of legendary
Track Coach Russell Evans Blunt. Coach
Blunt, who passed away on January 7, will be long remembered for his 42-year
career, particularly as coach of Hillside
High School and the
Durham Striders Track Club.
Resolution
WHEREAS, Russell Evans Blunt, a native of
Andover, Massachusetts, graduated from Puchard High School in 1926 and enrolled
in St. Paul’s Polytechnical Institute in Virginia; and
WHEREAS, he completed undergraduate studies
at St. Augustine’s College in Raleigh
and received a BA degree in French and Social Studies in 1936; and
WHEREAS, Coach Blunt attended Boston
University and received a Master’s degree in Education in 1944 and accepted his
first coaching job at Southern University in Louisiana; and
WHEREAS, thus, he began an exceptional record-setting
career during which time he coached football, basketball, and track at schools
and colleges in Florida, Louisiana,
and North Carolina;
and
WHEREAS, he is perhaps best known for long
tenure as Track Coach at Hillside High School and the Durham Striders Track
Club; and
WHEREAS, over his lifetime, Coach Blunt
received numerous awards and recognitions, was inducted in seven different
halls of fame, and was presented North Carolina’s Order of the Long Leaf Pine
Award by former Governor James B. Hunt, the highest award given to a North
Carolina citizen; and
WHEREAS, his legacy lives in the hearts of
his family, students, athletes, and all whose lives he positively touched for
generations:
NOW, THEREFORE, BE IT RESOLVED that we, the
members of the Durham County Board of Commissioners, do hereby resolve to pay
tribute to
Russell Evans Blunt
a gifted coach, teacher, mentor, and friend without peers who gave his
talents to improve the lives of others. We
call upon all citizens of Durham
County to remember the
extraordinary contributions he made in this community and beyond.
/s/ Five Commissioners
Durham County Commissioners
Chairman Reckhow extended condolences to the Blunt family.
The daughter of Mr. Blunt received the resolution and thanked the Board
and Durham County for recognition of Mr. Blunt’s
contributions.
Proclamation for “American Heart Month"
February is
“American Heart Month". A proclamation was
prepared in observance of the month and a number of activities were planned to
bring attention to risk factors and heart disease prevention.
Chairman Reckhow read the
following proclamation into the record:
PROCLAMATION
WHEREAS, diseases of the heart
are the nation’s leading cause of death; and
WHEREAS, a recent study with
children of North Carolina found one in eight
school-aged children had three or more risk factors of cardiovascular disease
and one in four were classified as overweight; and
WHEREAS, nationally, 60 percent of overweight children from ages five to ten have
at least one cardiovascular risk factor, such as high cholesterol, elevated
blood pressure, or increased insulin level; and
WHEREAS, overweight adolescents have a 70-percent chance of becoming
overweight adults with associated health risks; and
WHEREAS, poor dietary choices contribute to overweight, obesity, and
heart disease; and
WHEREAS, research indicates that
a diet including lowfat milk or dairy is preventive for heart disease,
overweight, and obesity; and
WHEREAS, the calcium in milk is important to keep muscles, including the
heart and the whole body, healthy; and
WHEREAS, children will drink more milk, even lowfat milk, if it is
flavored:
NOW, THEREFORE BE IT RESOLVED that I, Ellen Reckhow, Chairman of the Durham
County Board of Commissioners, do hereby proclaim the month of
February 2004 as
“AMERICAN HEART MONTH"
in Durham County.
I further ask all citizens to consume at least 3 servings of lowfat milk
or dairy every day to “Get Heart Healthy Durham".
This
the 9th day of February, 2004.
/s/ Ellen W. Reckhow
Chairman
Tracey Bates, MPH,
RD, LDN, Health Promotion Nutritionist, Durham Public Health Department, accepted
the proclamation and shared some of the planned activities.
Presentation of Property Tax Check by Durham County
Habitat for Humanity
Consent
Agenda
Commissioner
Heron moved, seconded by Commissioner Jacobs, to approve the following consent
agenda items:
d.Durham Board of County Commissioners’ 2004 Meeting
Schedule (approve the 2004 Meeting Schedule as presented, noting that the March
Worksession is scheduled for Wednesday, March 3);
e.Appointment
of Vonda Sessoms as Deputy Clerk to the Board (confirm the appointment
of Ms. Sessoms as Deputy Clerk to the Board in order for her to sign official
documents and act in the absence of the Clerk); and
f. Appointment of the 2004 E&R Board Members
(appoint a special Board of Equalization and Review, designate membership to
this Board, appoint the Chair and Vice Chair, and establish the compensation
rate for serving on this Board at $50.00 per session plus $15.00 per hour after
the three-hour session).
The motion carried unanimously.
Following discussion:
Commissioner Jacobs moved, seconded by
Commissioner Heron, to approve consent agenda item No. c (Budget
Ordinance Amendment No. 04BCC000044 and Capital Project Ordinance Amendment No.
04CPA000007—Establish the ERP Capital Project and Approve the Recommended
Financing of the Project (authorize the Manager to award the bid to Siemens SAP
and to execute the contract; approve the budget ordinance amendment and the
capital project ordinance amendment and a Reimbursement Resolution in the
amount of $3,425,000).
The motion carried unanimously.
Advance Public Hearing on
the FY 2004-2005 Budget
Chairman Reckhow opened the public
hearing that was properly advertised and called the following signed speakers
forward:
Public Hearing on Bond Orders for Justice Center Bonds and Public Building
Bonds
The Board of Commissioners was requested to hold a public hearing on the
advisability of issuing two-thirds general obligation bonds. The purpose of the bonds is fund planning and
architectural services for the new Justice
Center and Parking
Facility, as well as the acquisition of interests in land. The bonds are also for the provision of
planning, architectural services, geotechnical investigation, and environmental
testing services and demolition work with respect to the Human Services Complex
and the renovation of a building to be acquired by the County for housing Head
Start.
The first reading of the bond orders was held
on January 12, 2004. The public hearing was duly advertised as
required by law.
FY 2004-2005
Consolidated Action Plan Needs Public Hearing
The City of Durham Department of Housing and Community Development
requested that the Board of County Commissioners hold the FY 2004-2005
Consolidated Action Plan Needs public hearing to receive citizen comments.
The adopted Citizen Participation Plan requires that two public
hearings be held prior to submission of the Consolidated Action Plan to the
Department of Housing and Urban Development (HUD). The purpose of the first public hearing is to
receive comments pertaining to HOME program needs in Durham.
Comments received from the public during this phase will be used to
assist in the development of the FY Draft Consolidated Action Plan. The
FY 2004-2005 Draft Consolidated Action Plan is scheduled to be available for
public review March 15, 2004
through April 16, 2004.
The Durham City-County HOME Consortium anticipates receiving total HOME
Investment Partnership (HOME) program funds for $1,400,000. This amount includes an approximate annual
HOME allocation of $1,300,000 and program income for $100,000. The proposed use of FY 2004-2005 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 currently reviewing FY 2004-2005 HOME proposals and will
present funding recommendations in April.
The Durham City-County HOME Consortium will be required to provide a 25%
match (non-federal funds) to the total amount of HOME funds used directly for
affordable housing activities during FY 2004-2005. The required match would be approximately
$325,000 and would be funded with City Housing Bonds and available County funds
as outlined in the current Consortium Agreement.
Constance Stancil, Interim Director of the City of Durham Department of
Housing and Community Development, reviewed this request and recommended that
the Board of County Commissioners hold the FY 2004-2005 Consolidated Action
Plan Needs public hearing to receive citizen comments.
RESOURCE PERSON(S):
Katherine Simmons, Associate Director of Planning and Administration, or Vickie
Miller, Planning and Development Officer
COUNTY MANAGER’S
RECOMMENDATION: The County Manager
recommended that the Board hold the FY 2004-2005 Draft Consolidated Action Plan
Needs public hearing to receive citizen comments.
Chairman Reckhow opened the public hearing that was properly advertised
and asked signed speaker Dr. E. Lavonia Allison to come forward.
Chairman Reckhow closed the public hearing and asked staff to address
questions raised by the Board and Dr. Allison.
Change in
Primary Date for Elections
Chairman Reckhow announced that today, the State Board of Elections set
the new Primary Election for July 20, which is the middle of traditional
vacation season for most of the state’s citizens. This, coupled with the fact that there will
not be a Presidential Primary, will result in an exceptionally low voter
turnout. Delaying the primary until mid
August when school is back in session will result in a greater number of voters
participating and demonstrating the
will of the people with their participation. Additionally, elections offices across the
state will have difficulty staffing their polling locations, as many of the
traditional workers will be unavailable due to conflicts with vacations,
conferences, etc.
Commissioner Heron moved, seconded by
Commissioner Cousin, that a letter be written to the Governor, State Board of
Election, the Senate, and House of Representatives registering the Board’s
concern about the primary date of elections, suggesting an alternative date.
The motion carried unanimously.
Operation
Breakthrough Financing
On February 3, 2004,
the Executive Committee of Operation Breakthrough held a meeting to discuss a funding
issue with Durham Partnership for Children.
The issue has compelled Operation Breakthrough to decrease its services
during the school year, including those provided by the Smart Start transportation
program. Raymond Smith, Transportation Director
for Smart Start, and Mr. Warren L. Herndon spoke as advocates for the program
and requested additional funding to continue serving over 600 families per day
in Durham County.
Commissioner Cousin moved, seconded by
Commissioner Heron, to ask the partnership board to reconsider the issue.
The motion carried unanimously.
Approval of
Professional Services for Building Programming and Pre-Design Contract for the Durham County
Human Services Complex
Project
No: DC070-48
The Board was requested to authorize the County Manager to enter into a
contract with The Freelon Group Inc. to provide professional services for the
programming, master planning, and pre-design of the New Durham County Human
Services Complex to be located on East Main Street (for $345,220, plus a
reimbursable amount of $8,000, thus totaling $353,220) and to execute any other
related contracts, if necessary, not to exceed the estimated $400,000
budget.
This project is to build a new Human Services Complex to
house the departments of Social Services, Public Health, and The Durham Center
(formerly Mental Health). The facility
was included in the Durham County Facility Master Plan completed in 2000 and
amended in 2003 to reflect changes generated by the downsizing and
reorganization of Mental Health. The
total space requirements for the Human Services Complex are approximately
224,000 square feet, plus parking facilities to support the complex. This project consolidates delivery of Human
Services and improves service delivery by providing adequate facilities for
each agency along East Main Street. During programming, the current and future
space needs of each building occupant will be determined and used to develop
the size of the building and parking facilities and serve as the basis for
design and construction. In addition,
the actual placement of the buildings and parking on the potential sites will
be examined and several alternatives evaluated.
The facilities are included in the approved Capital Improvement Plan
(CIP) with an estimated project cost of $62,176,259. Construction is scheduled to begin in FY 06
and to be completed in FY 09.
A request for qualifications (RFQ) for architectural
services for the facility was advertised on July 9, 2003.
Nine responses were received on August 11, 2003 and were evaluated by a selection
committee representing the County
Manager’s Office and
Social Services, Public Health, The Durham Center, Engineering, General
Services, Finance, and Budget Departments.
Four firms were interviewed on October 29, 2003, and The Freelon Group Inc. (located in Durham) was determined to
be the most qualified firm for the Durham County Human Services Complex
project.
Between November 2003 and January 2004, representatives from Social
Services, Public Health, The Durham Center, and Engineering Departments met
with The Freelon Group Inc. to develop a scope of work. A fee proposal for the programming and
pre-design work was submitted on December 12, 2003, which was refined during negotiations
and revised on January 21,
2004. The services to be
rendered under this contract include:
(A) Project Initiation & Data Gathering: To develop an operational
and functional concept for the Human Services Complex and tour of comparable
buildings. (B) Process Analysis &
Programming: Process analysis and programming for primary occupants; scope, and
project budget reconciliation. (C)
Master Planning: A comprehensive site investigation will be undertaken to
analyze topographic and subsurface conditions, site utilities, boundaries, and
environmental investigations prepared by others. Site access and parking requirements will
also be evaluated to determine the best utilization of the site. (D) Stakeholder Involvement: Review and
confirm requirements for security operations, Information Technology,
Appearance Commission, and Board of the County Commissioners. (E) Project Documentation: Produce final
programming and master planning documents.
It is expected that the completion of programming and pre-design phases
will take about five months. The Freelon
Group Inc. is an MBE firm and proposes a 15.5% WBE participation on this
project.
It was recommended that the County proceed with all work described in
the revised proposal dated January
21, 2004, for $353,220. The
total estimated design cost currently included in the approved CIP is
$4,310,936. Current approved funding for
this project is $2,915,485.
RESOURCE PERSON(S): Glen Whisler, P.E., County Engineer,
Engineering Department
Request to Award Sole Source
Contract to Applied Control Technologies for Security Card Access and HVAC Controls
in the General Services Complex, Detention
Center, and Judicial
Building
The Board was requested to authorize the County
Manager to execute a sole source
contract with Applied Control Technologies for $72,057 to upgrade the
environmental (HVAC) controls to the General Services Complex and Detention Center
and security card access upgrades to the existing Direct Digital Control (DDC)
system in the Judicial
Building.
Stakeholders for this project include: General Services for
environmental controls of the Judicial building and both DSS facilities; IT
department for server support; ARAMARK for environmental (HVAC) controls of the
Detention Center; and the Sheriff’s Office for security card access control and
administration in the Judicial building.
All of the above-named stakeholders have been involved in development
and approval of this project, including Purchasing and Legal Departments.
Pursuant to N.C.G.S. §143-129(e)(6), this project is exempt from the public bidding requirements because performance and price competition for the Andover product is unavailable and standardization and compatibility is an overriding consideration.
Time Warner’s Request to Seek
an Increase in the Rate Charged for Basic Cable Television, Service Installation,
and Equipment Rental
On October 1, 2002, Time Warner Cable submitted three FCC forms to the County
(the 1240 for the Basic Cable Service Tier, the 1205 for Equipment and
Installation charges and the 1235 for upgrade costs) to seek an increase in the
rates charged for (1) basic cable television service, and (2) installation and
equipment rentals for the 2003 calendar year.
Time Warner proposed to raise the County’s Maximum Permitted Basic
Service Tier Rate by 7.76% (three times the rate of inflation for 2002) and its
equipment and installation charges 5% (more than twice the 2002 Consumer Price
Index). On May 12, 2003, the Durham
County Board of Commissioners rejected Time Warner’s rate request on the
grounds that these proposed rates were not “reasonable", that is, they did not
reflect rates that would be charged in the presence of effective competition,
the standard on which the Cable Act of 1992 and the FCC’s rate regulation rules
determine the limits of a “reasonable rate".
On June 11, 2003,
Time Warner Cable appealed this decision to the FCC. The Durham County Board of Commissioners has
filed an Opposition. The Appeal remains
pending at the FCC.
RESOURCE
PERSON(S): Robert Sepe,
President, Action Audits, LLC
Vice-Chairman Bowser moved, seconded by
Commissioner Jacobs, to reject Time Warner Cable’s 2004 proposed rates and
permit Time Warner to charge rates below the last approved basic service
Maximum Permitted and HSC rates.
The motion carried unanimously.
McDougald Terrace Branch of Durham County
Library
Harold Chestnut, President of District IV PAC, submitted a letter to
the Board addressing an issue concerning children of Durham not being able to use the library due
to limited hours of operation. The current
hours of operation are Tuesdays and Thursdays from 2:00 – 6:00 p.m., which is eight hours per
week. Mr. Chestnut proposed that the
hours of operation be increased to 20 hours per week, with the required additional
funding provided by the County.
No action was taken on this item.
Career and Technical Education
Task Force
The Career and Technical Education
Task Force is a joint committee between the Board of Education and Board of
County Commissioners to study enhancing vocational education opportunities in Durham County. Part of the study involves viewing existing
facilities and vocational centers in the schools. Additional funding is needed to view
facilities in other areas.
Commissioner Heron
moved, seconded by Commissioner Cousin, to authorize up to $1000 to be funded
for field trips.
The motion carried
unanimously.
Closed Session
Commissioner Cousin
moved, seconded by Vice-Chairman Bowser, to adjourn to Closed Session to
consider the performance of a public officer, to discuss a claim, and to
preserve the attorney-client privilege pursuant to N.C.G.S. §§ 143-318.11(a)(3)
& (6).
The motion carried
unanimously.
The
Commissioners adjourned to Closed Session at 10:00 p.m.
