THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, May 10, 2004
ACTION
MINUTES—DRAFT
5:00 P.M.
Closed Session
The motion carried unanimously.
_________________________
7:00 P.M. Regular Session
Opening of Regular Session—Pledge of Allegiance
Agenda Adjustments
-
Commissioner
Jacobs added “City-County Planning Commission Appointment—Triangle Township Position"
to the agenda to receive a report from the County Attorney.
-
Vice-Chairman
Bowser added a closed session item to receive an update on the Brannon v. DSS
case. He also added “Call Monitoring in
Tax Administration".
-
Chairman
Reckhow amended the agenda to include “Discussion of Initiation of the Human Resources
Audit" and “State Delegation Meeting Report".
Announcements
-
Vice-Chairman
Bowser commented on two publications in the Herald-Sun
concerning his alleged failure to inform the two Caucasian Commissioners of
an April 19 special meeting.
-
Chairman
Reckhow announced an informational workshop for widening Alston Avenue from NC 147 to US 70
Business (Holloway Street)
to be held on May 17, 2004 from 5:00 to 8:00 p.m. in the Eastway Elementary
School Gymnasium, 610 North Alston
Avenue, Durham, NC.
Minutes
Commissioner Heron moved, seconded
by Commissioner Jacobs, to approve as submitted the following minutes:
June 1, 1998 Closed Session March 3, 2003 Closed
Session
January 10, 2000 Closed Session March 24, 2003 Closed Session
April 10, 2000 Closed Session April 14, 2003 Closed
Session
February 12, 2001 Closed Session September 8, 2003 Closed Session
December 3, 2001 Closed Session November 10, 2003 Closed Session
February 11, 2002 Closed Session November 24, 2003 Closed Session
June 24, 2002 Closed Session December 8, 2003 Closed
Session (1st)
September 23, 2002 Closed Session December 8, 2003 Closed Session (2nd)
October 21, 2002 Closed Session February 23, 2004 BOCC/DPS
November 1, 2002 Closed Session April 5, 2004 Worksession
November 11, 2002 Closed Session April 26, 2004 Regular Session
January 27, 2003 Closed Session
The motion carried unanimously.
Resolution for Outgoing Duke University President—Dr.
Nannerl O. Keohane
Dr. Nannerl O Keohane has served as Duke’s eighth
president since July 1, 1993. She was
the first woman to serve as Duke’s president, and during her leadership, the
University raised more than $2 billion through the "Campaign for
Duke." She further established Duke as a
much more diverse and international educational institution.
Dr. Keohane will step down as president at the end of June. She plans to return to teaching and academic
study.
WHEREAS, Dr. Nannerl O. Keohane has led Duke University
for more than 11 years; and
WHEREAS, during her dynamic and visionary leadership, the
university raised more than $2 billion through the "Campaign for Duke";
and
WHEREAS, she has enhanced the university by actively
promoting inclusion and diversity among its student body, and faculty, thus
making the campus appealing to all; and
WHEREAS, through her efforts, Duke University
has become a university more committed to partnering with local adjacent
neighborhoods to improve health, safety, and educational opportunities for its
residents; and
WHEREAS, Dr. Keohane has overseen the development of the
prestigious Duke University Health System, as well as the implementation of new
academic programs including genomics, photonics, and ethics; and
WHEREAS, her legacy will forever be linked with serving as
Duke University’s eighth, as well first female, president; and
WHEREAS, Dr. Keohane will be remembered as one of the
institution’s most innovative and creative leaders:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the
Durham County Board of Commissioners, do hereby honor
Dr.
Nannerl O. Keohane
We call upon citizens of Durham County
to remember the extraordinary and numerous contributions she made in this
community and beyond, particularly while serving as President of Duke
University.
This the 10th day of May, 2004.
/s/ Five Commissioners
Durham County Commissioners
Resolution for
Outgoing Duke University Chancellor for Health Affairs,
Dr. Ralph Snyderman
Dr. Ralph Snyderman, Duke University's Chancellor for Health Affairs,
will step down at the end of June, following 15 years as the University’s
senior medical official.
As Chancellor for Health Affairs, Dr. Snyderman also served
as the President and Chief Executive Officer of the Duke University Health
System (DUHS). He plans to take a
one-year sabbatical and then return to Duke to continue working on prospective
health care and other crosscutting medical issues, as well as pursue teaching
and research.
County Manager's Recommendation: A community farewell has been
planned on May 17 for Dr. Snyderman. The
Chairman will present this resolution at that time along with sincere thanks
for his extraordinary accomplishments at Duke University Health System.
Chairman Reckhow read the following resolution into the record:
RESOLUTION
WHEREAS, Dr. Ralph Snyderman oversaw the development of the
Duke University Health System, one of the few fully integrated academic health
systems in the country; and
WHEREAS, he had the vision to lease Durham
Regional Hospital
from Durham County; and bring it under the Duke
University Health System umbrella; and
WHEREAS, Dr. Snyderman is internationally renowned for his
contributions in inflammation research, and continues to contribute to the body
of scientific knowledge; and
WHEREAS, Dr. Snyderman’s legacy will forever be present at Duke University
and within the Durham
community; and
WHEREAS, Dr. Snyderman is credited for helping to draw
millions of patient visitors to Durham;
and
WHEREAS, he has created economic impact from Duke University
medical patents, technology transfer, and helped advance Durham as a Center of
Creativity; and
WHEREAS, under Dr. Snyderman’s leadership, Duke University
Health System contributed more than $2.5 million dollars a year to Lincoln
Community Health Center to care for the needy; and
WHEREAS, he will be forever and fondly known for his
extensive knowledge of the health care industry, as a scholar of medicine, and
for his vision of prospective healthcare:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Durham
County Board of Commissioners, do hereby honor
Dr. Ralph Snyderman
a compassionate public servant who
unselfishly gave his talents to improve the lives of others. We call upon citizens of Durham
County to remember the numerous contributions
he made in this community, particularly while serving as Chancellor for Health
Affairs at Duke University.
This the 17th day of May, 2004.
/s/ Five Commissioners
Durham County Commissioners
Proclamation for
“50th Anniversary of Brown v. Board of Education"
WHEREAS, the U.S. Supreme Court case of Brown v. Board of Education is a
landmark in the nation’s march towards equality and a testament to the legal
system’s ability to establish and protect our rights; and
WHEAREAS, the work of dedicated lawyers in Brown v. Board of Education and in
hundreds of other cases challenging segregation demonstrated the highest
standards of advocacy in the service of a great cause; and
WHEREAS, Brown v.
Board of Education not
only ended legally imposed segregation in the schools but was instrumental in
ending it in parks, libraries, and all other public institutions; and
WHEREAS, the decision in Brown v. Board of Education inspired
and gave heart to the civil rights movement and helped usher in an
unprecedented era of progress; and
WHEREAS, May 17, 2004, is the fiftieth
anniversary of the decision in Brown
v. Board of Education:
NOW, THEREFORE, as we celebrate the 50th Anniversary
Commemoration of Brown v. Board of
EducationSupreme Court
decision, we acknowledge this great milestone case and its moral and legal
imperative of equality under law, and we renew our commitment to a society of
equality of opportunity and to a recognition of the value and richness of our
diversity as a people. The Durham County
Board of Commissioners does hereby proclaim Sunday, May 16, 2004, as
“Brown v. Board of Education Day"
in Durham and urge all citizens to recognize our
celebration and participate in its observance.
This the 10th day of May, 2004.
/s/ Five Commissioners
Durham County Commissioners
Report on Triangle United Way’s
211 Call Service Center
Consent Agenda
Commissioners Jacobs moved, seconded
by Vice-Chairman Bowser to approve the following consent agenda items:
a. Budget
Ordinance Amendment No. 04BCC000069—Social Services—Durham’s Alliance For Child Care Access
(DACCA) (approve the budget ordinance amendment to decrease the adopted budget
by $9,956);
e. Approval
of Construction Contract for the Renovation of the Operation Breakthrough Child
Development Center (formerly YMCA Daycare Center) (Project No: DC081-56; Bid
No: IFB 04-024) (authorize execution of contract with Riggs-Harrod Builders
Inc. for $326,950 for the renovation and authorize execution of any change
orders or related contracts, if necessary, not to exceed a project cost
$336,899);
f. Sublease
for 501 Willard Street
to Telecare Mental Health Services of North Carolina Inc.
(approve the sublease
of approximately 300 square feet of leased space and authorize the Manager to
execute the proposed sublease agreement);
g. Conveyance
of 1123 Jackson Street
(Surplus Property) to the City of Durham
(approve the conveyance of 1123
Jackson Street (PIN #0821-10-47-2168) by
Non-Warranty Deed to the City of Durham
on the condition that the outstanding judgment for $3,427.63 on the property is
first satisfied);
h. Durham County Stormwater Management Program—Fee Schedule
for Buffer Determinations in the Cape
Fear River
Basin (approve the fee schedule effective May 10,
2004 as recommended);
i. Durham
Public Schools First Refusal to Purchase Five Acres of the Carrington Middle
School Property (exercise right of first refusal and purchase five acres of the
Carrington Middle School property for $125,000 for use as a branch library
site);
j. Adoption
of Capital Project Ordinance for Two-Thirds and General Obligation Bond
Projects (approve the capital project ordinance authorizing setting up the
capital project budget appropriations necessary); and
k. Relocation
of the Welcome Baby Program to the County Agricultural Building (authorize
staff to: A) consolidate the Welcome Baby Program into the newly renovated
Agricultural Building, B) negotiate with USDA to reduce its space requirements
in the Agricultural Building to accommodate Welcome Baby, and; C) negotiate
with Shoppe’s of Lakewood to extend the County’s lease through August 30, 2004.
The motion carried unanimously.
Consent Agenda Items
Pulled for Discussion
Consent Agenda Item No. l. Adoption of the FY 2004-2005
Consolidated Action Plan (adopt the Consolidated Action Plan, such that the
plan may be submitted to HUD by May 14, 2004).
Chairman Reckhow called the following signed speakers
forward:
Ms.
Karen E. Curran, 5E
700 Raynor Street, Durham, NC 27703, representing NAMI and CFAC,
spoke in support of the Consolidated Action Plan.
Ms.
Nancye Bryan, Vice
Chair of Durham Center Area Board and President of Next Step Housing, 3408 Dover
Road, Durham, NC 27707, spoke in support of the Consolidated Action Plan; however,
she emphasized that equity needs more focus in future plans.
Commissioner Cousin moved,
seconded by Commissioner Jacobs, to approve Consent Agenda Item No. l.
The motion carried
unanimously.
Public Hearing—Plan
Amendments A03-12 Triangle
Metro Center
South and A03-13 Triangle Metro Center West
The Board was requested to hold a public hearing to receive
public comment on A03-12 and A03-13 amending the Triangle Township Plan and adopt a resolution amending the Plan.
Resource
Person(s): Frank M.
Duke, Planning Director
_________________________
Public Hearing
Regarding the Amendment of the Durham
County Animal Ordinance
Chairman Reckhow opened the public hearing that was properly
advertised and called the following signed speakers forward:
Mr. George Webb, 4137 Trotter
Ridge Road, Durham, NC 27707
Ms. Kimberly E.
Willis, Chair of
the Durham County Animal Control Advisory Committee,
220 Monmouth Avenue, Durham, NC 27701
Mr. Webb and Ms.
Willis support the amendments to the Animal Ordinance.
Approve Offer to
Purchase and Contract for 2.23 acres of Land Located at 3600 Shannon Road for Expanding the
Southwest Library
The Board was requested to approve an offer to purchase
approximately 2.23 acres of land adjacent to the Southwest Library located at 3600 Shannon Road
for $585,000. The acquisition of the
property is for the express purpose of expanding the Southwest Library from
10,000 to 20,000 square ft. This
expansion was approved by the voters in the 2001 Bond referendum.
Ayes: Cousin, Heron, Jacobs, and Reckhow
Noes: Bowser
Consulting Firms
for Departmental Personnel Audits
Board Appointments—Durham Convention and
Visitors Bureau and the Durham County Hospital Corporation Board of Trustees
City-County
Planning Commission Appointment—Triangle
Township Position
On December 8 and 15, 2003, the Clerk to the Board’s office
advertised for the Triangle
Township position on the
City-County Planning Commission. Due to
responses from ineligible applicants, the position was readvertised on January
26 and February 2, 2004. By the February 9 deadline, office staff had received applications
from Ms. Sandra Battle, Mr. Steve Matherly, and Mr. Mohammad Rashdi. All three were recorded as being ineligible
because their applications did not state that they reside in Triangle Township. After receiving this information, the
Commissioners’ understanding was that according to the Interlocal Cooperation
Agreement, a position advertised twice with no eligible applications allows the
Board to appoint an applicant who lives outside the township. Therefore, at the February 23, 2004 Regular
Session, the Board of County Commissioners appointed Mr. Steve Matherly, Durham
Township, to the City-County Planning Commission.
A week prior to the February 23 appointment, Ms. Battle
informed Garry Umstead, Clerk to the Board, that she lives in Triangle Township;
thus, making her eligible for the appointment.
At that meeting, Mr. Umstead distributed ballots indicating Ms. Battle’s
eligibility by noting “ineligible – does not live in Triangle Township" by the
names of the other two applicants; yet, the Commissioners based their votes
upon the information received in their agenda packets a week earlier. County
Attorney Kitchen informed
the Board that despite the misinformation, the Board’s vote was not in
compliance with the Interlocal Cooperation Agreement.
Call Monitoring in
Tax Administration
Vice-Chairman Bowser brought to the Board’s attention an
issue in Tax Administration that involves personnel being allowed to eaves drop
on personal phone calls.
Discussion of
Initiation of the Human Resources Audit
At Vice-Chairman Bowser’s request, Chairman Reckhow clarified
for the record that the Human Resources Audit was not initiated exclusively by
Vice-Chairman Bowser but by the Board collectively during a conversation with
the County Manager relating to his upcoming work plan.
State Delegation
Meeting Report
Chairman Reckhow gave a brief report on the State Delegation
meeting that was held May 6, 2004.
Closed Session
Vice-Chairman Bowser moved, seconded
by Commissioner Heron, to adjourn to closed session to consider the competence,
performance, or fitness of a public officeror employee pursuant to G.S. § 143-318.11(a)(6) and to consult
with an attorney regarding Brannon v. DSS
02-0SP769 pursuant to G.S. § 143-318.11(a)(3) and (6).
