THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, March 22, 2004
ACTION
MINUTES--DRAFT
5:30 P.M.
Closed Session
Commissioner Heron moved, seconded
by Commissioner Cousin, that the Board adjourn to closed session to discuss a
claim and to preserve the attorney-client privilege and to establish and
instruct the staff regarding the position to be taken on behalf of the public
body in negotiating the price and other material terms of a proposed contract
for the acquisition of real property, said property being inactive railroad
property owned by Norfolk and Southern located roughly parallel to Roxboro Road
through northern Durham County into Person County and a line through the City
of Durham known as the Duke Beltline, pursuant to
G.S. § 143-318.11(a)(3)& (5).
The motion carried unanimously.
_________________________
7:00 P.M. Regular Session
1. Opening
of Regular Session—Pledge of Allegiance
2. Agenda
Adjustments
Chairman Reckhow
announced that action on the March 3, 2004 Worksession
Minutes would be deferred until a future meeting so changes can be made. Consent agenda item No. g. was removed for
staff to do further work.
3. Minutes
Commissioner Heron moved, seconded
by Commissioner Jacobs, to approve as submitted the January 29, 2004 Annual
Retreat and the March 8, 2004 Regular Session Minutes of the Board.
The motion carried unanimously.
4. Consent
Agenda
Vice-Chairman Bowser moved, seconded
by Commissioner Heron, to approve the following consent agenda items:
a. Property
Tax Releases and Refunds for Fiscal Year 2003-04 (accept the February property
tax release and refund report as presented and authorize the Tax Assessor to
adjust the tax records as outlined by the report);
b. Budget
Ordinance Amendment No. 04BCC0000058—Tax Administration—Increasing Property Tax
Revenue by $350,000 Collected Through Personal Property Audits and Foreclosure
Settlements (approve the budget ordinance amendment increasing property tax
revenue by $350,000 to support increased fee payments for new billable property
found and for increased foreclosure activity; these funds, if spent, will bring
in significantly more revenue than the actual dollars budgeted);
e. Budget
Ordinance Amendment No. 04BCC000063—Approve the Recommended Financing of the
Project, Including Reimbursement of General Fund Fund
Balance (approve the budget ordinance amendment refunding funds from General
Fund fund balance in the amount of $3,425,000)
(computer software project); and
h. Request
to Award Contract to Aramark Facility Services to
Replace Sally Port Slider Door Hardware at the Durham County Detention Center
(approve the contract with Aramark Facility Services
to sub-contract Southern Steel to replace the slider door components of six
doors needing attention as identified by the Detention staff; authorize the
County Manager to execute a contract with Aramark
Facility Services in the amount of $37,500).
The motion carried unanimously.
The following consent
agenda items were removed and following discussion:
Chairman Reckhow
moved, seconded by Vice-Chairman Bowser, to approve consent agenda item No. c.
c. Budget
Ordinance Amendment No. 04BCC000061—Fire Marshal—State Homeland Security Grant
Program—Recognize DHS Part II Grant Money (approve the budget ordinance
amendment in the amount of $687,370 received from the Department of Homeland
Security through the North Carolina Department of Crime Control and Public
Safety; it is requested that the grant monies be recognized and applied to Durham
County Emergency Management).
The motion carried unanimously.
_________________________
Commissioner Heron moved, seconded
by Vice-Chairman Bowser, to approve consent agenda item No. d.
_________________________
f.
Request
for Contract Award to Applied Control Technologies to Repair and Upgrade the
Current HVAC System for the Health Services Building With Andover Controls
(authorize the County Manager to enter into a contract with Applied Control
Technology for $219,874 to repair existing HVAC mechanical components and
upgrade the environmental [HVAC] Andover Controls with the existing Direct
Digital Control [DDC] system and execute change orders, if necessary, not to
exceed $10,994 [5%]; the total contract amount shall not exceed $230,867).
The motion carried unanimously.
5. Major
Site Plan—Ample Storage (D03-267)
The Board was requested to approve a
Major Site Plan for a 47-unit mini-storage warehouse on 0.471 acres located on
the north side of Wolfpack Lane, west of Old Oxford
Highway.
COUNTY MANAGER’S
RECOMMENDATION: The Manager’s recommendation is that the Board receive the presentation and approve the site plan.
Vice-Chairman Bowser moved, seconded by Commissioner Heron, to approve Major Site
Plan—Ample Storage
(D03-267).
The motion carried unanimously.
6. Capital
Project Ordinance Amendment No 04CPA000011—Little River Regional
Park and Natural Area
Construction Project
The 391-acre Little River Regional Park
and Natural Area is jointly owned by Orange
and Durham Counties and will be jointly managed by
the two counties. Both Orange and Durham County Boards of
Commissioners approved the site plan in June 2003. Park development will include the entrance
road and parking area, caretaker’s residence, two picnic shelters, restroom
facilities, children’s play area, an accessible trail loop with picnic
amenities, and a trail system to include walking/hiking, mountain biking, and
equestrian trails.
RESOURCE PERSON(S): Glen Whisler,
County Engineer; Jane Korest, Open Space and Real
Estate Manager; and Mike Giles, Open Space Land Manager
7. Health
Trust Fund Transfer Request
The BOCC is requested to transfer
$1,500,000 from MDL to US Trust (Fixed Income Managers). The purpose for this transfer is in
recognition of US Trust’s performance over the past two years. In November 2001, MDL was given an additional
$3,000,000 (transferred from US Trust) because of its outstanding performance. This transfer will put both managers on par.
The Finance Department does not believe
a change in managers is appropriate at this time but will continue to monitor
the performance of all our managers and report to the BOCC as required.
RESOURCE PERSON(S): George K.
Quick, Finance Director
COUNTY MANAGER’S
RECOMMENDATION: The Manager recommends that the BOCC authorize the above
recommendation.
Commissioner
Jacobs moved, seconded by Vice-Chairman Bowser, to authorize the request to
transfer $1,500,000 from MDL to US Trust.
The
motion carried unanimously.
8. Interlocal
Agreement with the City of Durham for Community Learning Center
On
December 1, 2003, the Board of County Commissioners approved the creation of
the Community Learning Center
under the supervision of the Criminal Justice Resource Center. The target population for the program is
students who are expelled from DPS (permanently removed), suspended for 365
days (not allowed on DPS property, often for a weapon charge), or who are ineligible
for the Lakeview option due to safety concerns.
The program serves up to ten students and operates Monday through Friday
from 9:00 a.m. to 12:30 p.m.
On December 4, 2003, the City Council
approved funding in an amount not to exceed $27,960 for this program,
authorizing the City Manager to negotiate and execute an interlocal
agreement with the County. The initial interlocal agreement approved by the Board of County
Commissioners on January 5, 2004 had been submitted to the City of Durham in December 2003. In February 2004, the County Manager’s
office received a response from the City Manager’s office suggesting several
changes to the original version based upon a City Council directive. The City Council has requested that language
be amended in the interlocal to address early
termination, method of payment, and more detailed reporting requirements. The amendments have been made to the original
interlocal agreement.
Staff has reviewed the amended changes and recommends approval.
Commissioner Heron moved, seconded
by Commissioner Jacobs, to authorize the Manager to execute an interlocal agreement with the City of Durham
for the Community
Learning Center. The program will be evaluated at the end of
the fiscal year to determine the future viability of the initiative.
The motion carried with the
following vote:
Ayes: Bowser,
Heron, Jacobs, Reckhow
Noes: None
Absent: Cousin (out of room during vote)
9. Budget
Ordinance Amendment No. 04BCC000064—Self Insurance Fund Unemployment
Compensation and Worker’s Compensation Expenditures
Due to an especially bad year for
unemployment and worker’s compensation claims, additional monies are required
for both of these self-insured accounts.
Unemployment insurance was budgeted in the amount of $100,000 for FY
02-03. The actual amount of the
compensation billed was $215,938.52.
Unemployment benefits are paid by the State and are subsequently
reimbursed by the County in the following fiscal year with the bill being paid
in November or December. The principal
reason for the more than doubling of the cost of unemployment appears to be the
poor economy. Instead of being able to
find new employment after leaving the County, former employees have continued
to receive benefits. The current year’s
unemployment is worse than last year’s with a projected cost of near
$250,000. This amount will need to be
included in next year’s budget.
The amount of worker’s compensation
claims has also increased this year.
Worker’s compensation claims have historically been difficult to
estimate, as they tend to vary widely from year to year. This year has seen a drop in the number of
claims, but an increase in serious injuries.
One older claim has been proposed to be settled by the County’s former
excess insurance carrier for $225,000, which would have to be paid initially by
the County with a partial reimbursement of $185,000 after payment. This settlement amount is awaiting approval
by Medicare. In addition to this amount,
the other worker’s compensation claims are projected to be approximately
$175,000 above the budgeted amount of $560,000.
The total amount of unemployment
compensation and worker’s compensation claims are approximately $515,000 over
budget for the current fiscal year.
Savings in other line items in the Risk Management budget have been
identified totaling $35,000. This leaves
a shortfall of $480,000 for the current year.
Staff requests that the Board accept the
County Manager’s recommendation to transfer
$480,000 of unrecognized General Fund property tax revenue to the Self
Insurance Fund to cover these unexpected expenditures.
As part of the approved FY 03-04 Budget,
$350,000 was budgeted as a transfer to the General Fund from the Self Insurance
Fund to aid in balancing the overall General Fund budget. This budgeted transfer, in effect, decreases
the amount of General Fund dollars supporting this amendment to a net of
$130,000.
Commissioner
Cousin moved, seconded by Commissioner Jacobs, to approve Budget Ordinance
Amendment
No. 04BCC000064 recognizing and transferring $480,000 of property tax revenue
from the General Fund into the Self Insurance Fund for unexpected unemployment compensation
and worker’s compensation claim expenditures.
The
motion carried unanimously.
10. Ethics Policy
The Board previously considered changes
to the current ethics policy. As
directed, the current ethics policy is revised to include the provisions of the
North Carolina Association of County Commissioners suggested ethics policy for
county commissioners. The incorporation
is accomplished by adding a section providing for additional standards of
conduct for county commissioners. The
draft also reflects those changes that were previously directed by the Board at
the February 23 meeting.
Commissioner
Jacobs moved, seconded by Commissioner Heron, to approve the revised ethics
policy.
The
motion carried unanimously.
11. Board
and Commission Appointments
· Durham Bicycle and Pedestrian Advisory
Commission
· Durham and Wake Counties Research and
Production District
· Environmental Affairs Board
The
following appointments were made:
Durham and Wake Counties Research and
Production District
(six vacant positions)
Millie Estep
Martie Gregory
Sally Johnson
Durham Bicycle and Pedestrian Advisory
Commission
Diane Daniel
Environmental Affairs Board
Richard V. Crume (engineering)
William T. Harnett (air resources)
12. Closed
Session
Commissioner Cousin moved, seconded
by Commissioner Jacobs, that the Board adjourn to closed session to consider conditions
of appointment of a public officer and
to discuss matters relating to the relocation or expansion of industry in
Durham County pursuant to G.S. § 143-318.11(a)(4) & (6).
The motion carried unanimously.
Reconvene to Open
Session
Commissioner Cousin moved, seconded
by Commissioner Heron, to amend the employment agreement between the County of Durham and County Manager Michael M.
Ruffin as it relates to Section 4. Termination and Severance Pay.
The motion carried unanimously.
Colvard Farms
Development—Permit Deadline
Vice-Chairman Bowser asked how the permit process for Colvard Farms Development Company LLC could be
accelerated. Essential permits must be
issued by July 1. Homes proposed in the
development will be connected to the wastewater treatment plant in Chatham County. Developers of this private project need to
move forward quickly. The 120 homes,
ranging in price from $1 to $2 million, will generate huge tax revenue for Durham County,
while requiring no County funding.
Commissioner Cousin moved, seconded
by Vice-Chairman Bowser, to ask the Planning Department and the Planning
Commission to treat the text amendment allowing this private wastewater
facility as a priority item and, specifically, that the Planning Commission
move the item forward at its next meeting.
The motion carried unanimously.
Adjournment
Chairman Reckhow adjourned the
meeting at 10:57 p.m.
