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THE BOARD OF COUNTY COMMISSIONERS DURHAM, NORTH CAROLINA Monday, March 8,
1999 5:00 P.M. ? 6:30
P.M. AGENDA Space Needs
Analysis and Facility Master Plan for Durham County
This item is an update on the Space Needs Analysis and
Facility Master Plan project. On
September 9, 1998, the Board of County Commissioners reviewed a draft Request
for Qualifications to select a consultant for the project and authorized staff
to move forward with the process. The
Request for Qualifications was advertised and mailed to 54 firms. Subsequently a selection committee reviewed
the letters of interest and statements of qualifications from the 12 firms that
responded and developed a list of three firms to interview. Following interviews and a review of
references from previous clients, the selection committee recommended the team
of O?Brien/Atkins Associates, PA and GSA, Ltd. for this project. O?Brien/Atkins is a Durham-based
architectural firm with a substantial background in planning and design of
governmental facilities in North Carolina.
GSA, Ltd. is also located in Durham and specializes in organizational
analysis and facility feasibility assessment for governmental
organizations. The scope of work for
the project was reviewed with O?Brien/Atkins and GSA and a fee proposal was
requested. The scope and fee have been
refined through a series of negotiations and will be presented in detail at the
meeting. Resource Person:
David Powell, Director of Economic Development/Property County Manager?s Recommendation: The County Manager?s recommendation is that
the BOCC provide input and direction to staff and consider approval of a
contract with O?Brien/Atkins, PA for the Durham County Space Needs Analysis and
Facility Master Plan on March 22, 1999. ____________________ 7:00 P.M. Regular
Session AGENDA 1. Opening
of Regular Session?Pledge of Allegiance 2. Agenda
Adjustments 3. Consent Agenda a. Public
Health?Resolution in Support of Placing all Programs Traditionally in the
Division of Environmental Health Under the Organization of Department of Health
and Human Services (adopt resolution); b. Advertising
of tax liens (authorize the Tax Administrator to provide public notice and
advertise the 1998 delinquent tax liens the week of March 22, 1999); c. Camera
television production system for the BOCC Chambers (accept staff?s
recommendation for the replacement of a video camera television system that
will enhance the production quality of the transmission signal to cablevision,
maximize the low light levels present in the Board Chambers, and provide a
higher quality of picture for the viewing audience. Declare the existing video equipment surplus and authorize the
County Manager for the trade-in.
Authorize the County Manager to enter into a contract with Quail Video
Products of Raleigh not to exceed $34,992 per Invitation for Bid #99-032); d. Board and
commission appointments?Nursing Home Community Advisory Committee (appoint Ms.
Mary Lou W. Fogleman, Ms. Betty R. Howell, and e. Juvenile
Crime Prevention Council (approve the membership of the council per Senate Bill
1260, N.C.G.S. 147-33.49); and f.
FY1998-99 Budget Ordinance Amendment
No. 99BCC000047 to appropriate $111,593 from Fund Balance for real estate
purchase (payment to the Mutual Community Savings Bank). Note: The purpose of a consent agenda is to handle
consensus items with one motion to save time on meeting agendas. Any item a Board member pulls for discussion
should be placed at the end of the agenda so public hearings can be concluded
as early as possible. This will provide
for the least inconvenience to the general public attending the public
hearings. 4. Adoption
of Resolution & Designation of Members for 1999 E&R Board North Carolina General Statute
105-322 requires adoption of a resolution to appoint a special Board of
Equalization and Review to hear tax appeal matters. The Board of County Commissioners must determine membership to
this board by the first commission meeting in March. The Board of County Commissioners shall also appoint the chairman
and vice chairman for this special board and set the rate of compensation. The rate of compensation for the
1998 Board of Equalization and Review was $50.00 per session. A session consisted of a three-hour block of
time that board members actually attended for official meetings. County Manager?s Recommendation: Adopt resolution to appoint a special Board
of Equalization & Review, designate membership to this Board, appoint chair
and vice chair, and establish rate of compensation for serving on this Board at
$50.00 per session. 5. Proposal
for Disposing of County Surplus Property (915 and 923 North Mangum Street)
County staff is
requesting authority to enter into a six-month Grant of Option agreement with
the North Carolina Historic Preservation Society of Durham (HPSD) for the
purchase of County surplus property located at 915 and 923 North Mangum
Street. North Carolina G.S. 153A-176
allows counties to sell historic property using private sale procedures for
real and personal property valued at $10,000 or greater. This statute provides counties the ability
to bypass upset bid procedures. The upset bid process does not
provide flexibility to determine with any certainty the end use of surplus
property. This process requires the
County to sell surplus property to the highest bidder regardless of end use. By entering into an option agreement with
HPSD, the County can determine with a high level of certainty that the end use
will preserve the neighborhood status and support downtown revitalization
efforts. The option agreement also
allows staff the ability to support the Board?s goal of ?[implementing] the Smart Growth
recommendations of the 20/20 Plan by increasing housing and jobs in the center
city and transit corridors." The County?s
investment in the properties totals $179,452.40, which includes unpaid property
taxes and legal expenses. The option
agreement would include a minimum sale price of $75,000 for 915 N. Mangum and
$80,000 for 923 N. Mangum plus the payment of $12,160.37 for unpaid property
taxes. The net result is a $12,292.33
loss for the County. The benefits of
owner-occupancy and the historic restoration of the houses far exceed the
loss. Resource Person:
David Powell, Economic Development/Real Estate County
Manager?s Recommendation:
Provide staff authority to enter into a 6.
Aisin AW/Shimizu Treyburn Grading Plan Shimizu America Corporation is seeking approval of a
site plan request to partially grade a 123-acre tract. The site is located on the south side of
Teknika Parkway and Old Oxford Highway, west of Red Mill Road, and east of
International Drive. (Tax Map 950,
Block 01, Parcel 001). The site is
zoned I-2 and F/J-A and allows for this use.
The grading plan is needed to expedite development for this company,
which made its site selection after a national search process. A site plan showing the actual development
being proposed will be submitted shortly and will be brought before the Board
at a later date.
Steve Medlin, Senior Planner, Durham
City-County Planning, will present the case and answer questions. County Manager?s Recommendation:
Recommend approval of the site plan submittal. 7. 1998
Solid Waste Survey Results and Follow-Up Recommendation Michael Turner, Director of General Services,
will report to the Board of County Commissioners on the 1998 Solid Waste Survey
results and recommend the BOCC reduce the hours of operation of the County
convenience centers by six hours per week. During the Department of General
Services FY 1998-99 budget presentation to the Board of County Commissioners,
Vice-Chairman Reckhow recommended that a solid waste survey be distributed to
all County residents. The purpose of
this survey was for County residents to assess the current level of solid waste
services being provided by the County and to allow residents the opportunity to
identify other areas of interest or concern. On the Board?s November 23, 1998
Regular Session, Chairman Black directed the General Services Director to
include one additional question in the solid waste survey. The question was to allow County residents
the opportunity to indicate their preference of closing the County convenience
centers on Sunday or for a small increase in the permit fee to place additional
containers at the convenience centers. Of the 13,336 solid waste surveys
mailed in December 1998, 1,021 residents (7.6%) responded as of January 15,
1999. Of the 1,021 residents responding
to our survey, 827 residents (81%) opted for the closing of the convenience centers
on Sunday. The remaining 194 residents
(19%) opted for the small increase fee to place additional containers at the
convenience centers. Based on the
consensus of the responding citizens, it is the recommendation of staff to
reduce the hours of operation at the County convenience centers from the
current schedule of 7:00 a.m. until 7:00 p.m., Monday through Saturday and 1:00
p.m. until 7:00 p.m. on Sunday (78 hours) to the new schedule of 7:00 a.m.
until 7:00 p.m. Monday through Saturday (72 hours). Resource Person: Michael Turner,
Director of General Services, will present this item. County
Manager?s Recommendation:
Receive the Solid Waste Survey results, recognize the outstanding level
of service being provided by General Services staff as indicated in the survey,
and decide whether to reduce the hours of operation of the County convenience
centers from 78 hours per week to 72 hours per week. 8. Reauthorization
of the Interlocal Cooperation Agreement for Open Space and Trails Planning
Creating the Durham Open Space and Trails Commission In January 1994, the Board of County
Commissioners approved the ?City of Durham and County of Durham Interlocal
Cooperation Agreement for Open Space and Trails Planning." The City Council had approved the same agreement
in December 1993. The Durham Open Space
and Trails Commission (DOST) was created as a merger of the City?s Urban Trails
and Greenways Commission and the County?s Open Space Commission. The framework for the DOST was developed by
a committee from the two existing commissions and was drafted by Planning
Department staff. The City and County
Attorney?s offices each reviewed and commented on the agreement before
recommending approval. DOST receives
$1000 per year from the City and $1000 from the County for its education and
publication budget. The initial agreement was to run for
four years and expire on December 31, 1998.
Because of the Durham Open Space and Trails Commission?s success in
working on programs for mutual benefit of the City and the County, it
respectfully requests that the interlocal agreement establishing its existence
and responsibilities be reauthorized to run from January 1, 1999 through
December 31, 2003. The features of the
new agreement would be substantially unchanged from those of the 1994
agreement. The City Council Public
Works Committee sent the item forward to the March 1, 1999 Council meeting Staff recommends that the agreement
be reauthorized. The County Manager
recommends this action, also. Beth
Timson, Senior Planner, Durham City-County Planning Department, will be present
to answer any questions of staff regarding the request. 9.
Appeal of Mitsubishi Semiconductor America Inc. (MSA) This appeal
concerns the appraisal and assessment of certain business personal property for
the 1996 tax year. The taxpayer was
initially denied the opportunity to present this appeal to the Durham County
Board of Equalization and Review because the appeal was not filed in a timely
manner. The taxpayer challenged the
County?s contention that it had filed its appeal in an untimely manner before
the North Carolina Property Tax Commission.
In a decision filed on July 15, 1997, the Commission found that because
the guidelines for the appeal of business personal property appraisals are not
specific, the timeliness issue could not be determined and the taxpayer was
entitled to be heard before the appropriate County board. The Board of County Commissioners is
charged with the task of reviewing the assessment and appraisal of the
taxpayer?s business personal property for the tax year 1996. At this time, the Board is asked to decide
on a date and time to conduct the necessary hearing. County Manager?s Recommendation: Discuss and select a date and time to
conduct a hearing to consider the assessment and appraisal of MSA?s business
personal property for 1996. 10. Board and Commission Appointments Garry E.
Umstead, Clerk to the Board, will distribute ballots to make appointments to
the following boards and commissions: ·
Cable TV Advisory Board ·
Historic Preservation Commission ·
Nursing Home Community Advisory
Committee ·
Open Space and Trails Commission ·
Volunteer Farmland Protection
Program ·
Research Triangle Regional
Partnership |
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