THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, April 12, 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. and Becky
M. Heron.
Absent: Commissioner Mary D. Jacobs
Presider: Chairman Reckhow
Opening of Regular Session
Chairman Reckhow welcomed everyone
in attendance and asked them to join the Commissioners in the recitation of the
Pledge of Allegiance.
Motion to Excuse Commissioner Jacobs
Commissioner Cousin moved, seconded
by Vice-Chairman Bowser, to excuse Commissioner Jacobs from the April 12, 2004
Regular Session Meeting due to a family emergency.
The motion carried unanimously.
Agenda Adjustments
–
Vice-Chairman
Bowser added agenda item no. 6h.—Tax Office Issue
–
Commissioner
Heron added agenda item no. 10a.—9-1-1 Communications Center
Minutes
Vice-Chairman Bowser moved, seconded
by Commissioner Cousin, to approve the February 18, 2004 BOCC/Hospital
Corporation Board of Trustees and March 22, 2004 Regular Session Meeting
Minutes as submitted and the March 3, 2004 Worksession Meeting Minutes as corrected.
The motion carried unanimously.
Announcements
-
Commissioner
Heron announced that the memorial service for Mr. Tony Mulvihill, an advocate
for mental illness, particularly drug and alcohol abuse prevention, will be
held on April 12, 2004 at 3 p.m. at The Newman Center, 218 Pittsboro Street, Chapel
Hill.
-
Chairman
Reckhow commented on her participation as a Durham County
representative at a press conference held that afternoon on air quality.
-
Vice-Chairman
Bowser announced the passing of Mr. Charles Rogers, an advocate of the Durham nursing home
community.
Proclamation Recognizing “National County Government
Week"
A proclamation naming the week of April 18-24 as “National
County Government Week" was prepared for the Board’s approval. Several events are planned to observe the
week.
·
Monday,
April 19—Announce Newsletter naming contest winner
·
Tuesday,
April 20—Durham,
the “County" of Medicine Health
Booth on 1st Floor
·
Wednesday,
April 21—Recycle Durham County Booth
on 1st Floor
·
Thursday,
April 22—Durham County Trivia
Contest
·
Friday,
April 23—Durham County Paraphernalia Day
Resource Person(s): Deborah Craig-Ray, Public Information/Governmental Affairs
Director
County Manager's
Recommendation: The
County Manager recommended that the Board
approve the requested proclamation and recognize the work that County employees
perform on behalf of the citizens.
Chairman Reckhow read the following proclamation into the
record:
Proclamation
WHEREAS, County
Government is a key part
of the engine that drives this country; and
WHEREAS, Counties also provide public safety, and offer medical and human
services. Counties provide opportunities for new businesses to prosper, provide
job training and technological solutions; and
WHEREAS, County officials
ensure that citizens are protected and that communities thrive; and
WHEREAS, Counties provide needed elderly services and
healthcare to the disabled and needy. When natural or man-made disaster
strikes, county emergency services keep children and their families safe and
informed until order can be restored; and
WHEREAS, County officials and employees use their role as
local leaders to encourage economic development and therefore improve the lives
of their citizens and make their communities more livable; and
WHEREAS, Durham County is one of 3,066 counties in the United States,
collectively responsible for the well being of more than 230 million residents;
and
WHEREAS, Counties have a long history of serving and
providing for the American people. In recognition of the leadership, innovation
and valuable service provided by our nation’s counties:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Durham County Board
of Commissioners, do hereby proclaim the week of April 18-24, 2004 as
“National
County Government Week"
in Durham
County. We further urge
all citizens to recognize the leadership, innovation and valuable services
provided by dedicated public employees.
This the 12th day of April, 2004.
/s/ Five Commissioners
Durham County Commissioners
Ms. Craig-Ray announced and described daily planned events
to observe National County Government Week.
Resolution Honoring Mr. Thad Howard
A resolution honoring Mr. Thad Howard was prepared at the
request of Commission Chairman Ellen W. Reckhow. Mr. Howard provided exemplary volunteer
service to the Durham
community, especially while serving on the Durham Open Space and Trails
Commission. He will be leaving the area
next month, relocating to Tennessee.
County Manager's
Recommendation: The
County Manager
recommended that the Board approve the resolution and present it to Mr. Howard,
along with sincere thanks of the entire Durham County
community.
Chairman Reckhow introduced Mr. Howard and read the
following resolution into the record:
Resolution
WHEREAS, Thad A. Howard has demonstrated a philosophy of
“giving back" to others by his loyal and dedicated service to the Durham community; and
WHEREAS, he has served two terms as a member of the Durham
Open Space and Trails Commission, whose mission is to prepare, implement and
review open space policy and to serve as a liaison between government and
citizens on matters related to open space, greenways and conservation
corridors; and
WHEREAS, in addition, he has served on the Development
Review Committee, the Trails Committee and the Bicycle and Pedestrian Advisory
Committee and is highly regarded as a member who always does his homework; and
WHEREAS, over the years he has willingly shared his
knowledge of open space issues at various community and educational activities
such as the annual Earth Day and Festival on the Eno; and
WHEREAS, Mr. Howard has regularly devoted many hours to
working with the Rails to Trails group, most especially on portions of the
American Tobacco Trail between the Streets at Southpoint Mall and Herndon Park;
and
WHEREAS, he has spent considerable time planning and
organizing numerous Saturday workdays, obtaining gravel and tools and most
importantly, recruiting other dedicated volunteers to help clear the trail; and
WHEREAS, his efforts have clearly advanced the completion of
that portion of the American Tobacco Trail which will be enjoyed by residents
and visitors for years to come:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the
Durham County Board of Commissioners, do hereby extend sincere appreciation to
Thad A. Howard
for many years of generously, and unselfishly donating
considerable time and resources to improving trails and open spaces in Durham County.
This the 12th of April, 2004.
/s/ Five
Commissioners
Durham County Commissioners
Chairman Reckhow asked Mr. Howard to come forward and accept
the resolution.
Mr. Howard thanked the Board for the recognition.
Consent Agenda
Vice-Chairman Bowser moved, seconded
by Commissioner Heron, to approve the following consent agenda items:
(b) Capital
Project Ordinance Amendment No. 04CPA000012—Open Space and Farmland
Preservation (approve the capital project ordinance amendment allocating
$300,000 for Open Space and Farmland Preservation activities);
(e) Mental Health Reform—Governance (extend
the Mental Health Area Authority for one year and adopt the resolution);
(f) Approval
of Legislative Goals (approve the proposed package of Legislative issues); and
(g) Stormwater
Ordinance Amendment (approve the ordinance amendment and direct that it be sent
to the State for approval of the program amendment).
The motion carried unanimously.
Consent Agenda
Items Removed for Discussion
Consent Agenda Item No. a. Budget Ordinance Amendment No. 04BCC0000491—Public
Health—Recognize North Carolina Sterilization Grant Revenue in the Community
Health Division (approve the budget ordinance amendment for $20,100 to
recognize the North Carolina Sterilization Fund Grant and allow the department
to contract with Raleigh Women’s Health to provide the service).
Commissioner Heron made the motion
to approve Budget Ordinance Amendment No. 04BCC0000491 and allow the department
to contract with Raleigh Women’s Health to provide the service.
The motion failed for lack of a
second.
________________________
Vice-Chairman Bowser moved, seconded
by Commissioner Cousin, to approve Budget Ordinance Amendment No. 04BCC0000491,
contingent upon the State’s approval of Durham Women’s Clinic providing the
services.
The motion carried unanimously.
Consent Agenda Item No. c. Triangle Wastewater Treatment Plant—Sludge Removal
and Disposal—RFP-022 (authorize the County Manager to enter into a service
contract with Bio-Nomic Services for the removal and disposal of 1716 dry tons
of sludge in an amount of $500,000 and authorize the County Manager to execute
annual renewals of this contract as funding becomes available).
Vice-Chairman Bowser moved, seconded
by Commissioner Heron, to enter into a service contract with Bio-Nomic Services
for the removal and disposal of 1716 dry tons of sludge in an amount of
$500,000 and to execute annual renewals of contract as funding becomes
available.
The motion carried unanimously.
Consent Agenda Item No. d. Resolutions Providing for the Issuance of
$10,600,000 General Obligation Public Improvement Bonds, Series 2004A, and
$46,600,000 General Obligation Public Improvement Bonds, Series 2004B (approve
the two resolutions; separate votes should be held for each resolution).
Commissioner Heron moved, seconded
by Commissioner Cousin, to approve the resolution providing the issuance of
$10,600,000 General Obligation Public Improvement Bonds, Series 2004A.
The motion carried unanimously.
________________________
Commissioner Heron moved, seconded
by Commissioner Cousin, to approve the resolution providing the issuance of
$46,600,000 General Obligation Public Improvement Bonds, Series 2004B.
The motion carried unanimously.
Tax Office Issue
Vice-Chairman Bowser raised the issue expressed in a Herald
Sun article, written by two councilmen, of how delinquent taxes are collected
and foreclosed by Tax Administration.
Public Hearing to
Review Requests from Affordable Housing Providers for the Payment of School
Impact Fees
A public hearing was held at the March 8, 2004 Commissioners’
meeting for five nonprofit agencies.
AIDS Community Residence Association Inc. was not included in that
public hearing. However, because they
will be beginning construction prior to June 30 on New Blevins House, a group
home for persons below 50% of the median income with disabilities caused by the
HIV virus, and their application was received before the January 31, 2004
deadline, this request must be considered for Fiscal Year 2003-04.
First Amendment to
the Interlocal Agreement between the County and the City of Durham Regarding
Membership of the Durham Convention and Visitors Bureau
On April 22, 2002, the Board approved an Interlocal
Agreement with the City of Durham related to the membership of the Durham
Tourism Development Authority, which was required by Session Law 2001-480.
On July 24, 2002, the General Assembly enacted Session Law
2002-36, entitled “An Act to Make Changes to the Durham County Occupancy Tax
Provisions". The Act revised Section
S.L. 2001-480 to provide that the Durham Convention and Visitor’s Bureau shall
continue to exist but shall act as a tourism development authority. Therefore, the County and City must amend the
Interlocal Agreement to reflect the changes made by S.L. 2002-36.
County Manager's Recommendation: The County Manager recommended
that the Board approve the First Amendment to the Interlocal Agreement between
Durham County and the City of Durham regarding Membership of the Durham
Convention and Visitor’s Bureau and authorize the Manager to execute the amendment.
Commissioner Cousin moved,
seconded by Commissioner Heron, to approve the First Amendment to the
Interlocal Agreement regarding Membership of Durham Convention and Visitor’s
Bureau.
The motion carried
unanimously.
Durham Public Schools—Right of First Refusal to Purchase
Lowe’s Grove School Property
The Durham Public Schools Board of Education declared as
surplus the Lowe’s Grove School, a 16.062-acre parcel located at the corner of
Alston Avenue and
Hwy. 54.
Pursuant to North Carolina General Statute §115C-518, the
Board of Education must first offer the Board of County Commissioners the
opportunity to acquire surplus school property at a fair market price. The price established for this property is
$1,000,000. If the Board of County
Commissioners declines the offer, the Board of Education may dispose of the
property in accordance with the provisions of the General Statutes.
Career and Technical Education Task
Force Report
Vice-Chairman Joe W. Bowser requested time on the agenda to
provide a progress report on the Career and Technical Education Task Force.
Vice-Chairman Bowser gave a report
on the Career and Technical Education Task Force.
Chairman Reckhow called signed speaker Dr. E. Lavonia
Allison forward to speak on behalf of the Task Force.
9-1-1 Communications Center
Commissioner Heron expressed concern about the crash of the
9-1-1 Communications Center a week prior, which currently operating from the
backup center is causing some difficulty.
Closed Session
Commissioner Cousin moved, seconded
to Commissioner Heron, to adjourn to closed session to consider the performance
and fitness of a public officeror employee, and to instruct the staff
concerning the position to be taken in negotiating the material terms for the
acquisition of real property owned by Sean P. and Kristi G. Scully, PIN #
0817-03-42-4915, parcel ID# 189217, located on the west side of South
Lowell Road, and south side of the South Fork of the Little River, 306 S.
Roxboro St. owned by Scarborough and Hargett Funeral Home, and property
adjacent to 3605 Shannon Rd. owned by Patty Watson pursuant to G.S. §
143-318.11(a)(5) & (6).
The motion carried unanimously.
