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THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, February 28, 2000
AGENDA
5:00 P.M. – 6:30 P.M.
1. Joint Meeting—Board of County Commissioners and Social Services
Board
The Board of County Commissioners has requested a joint meeting with
the Social Services Board from 5:00 p.m. until 6:30 p.m. in the County
Commissioners’ Meeting Room. The DSS Board’s accomplishments and goals
per its annual workplan will be discussed.
6:30 P.M. – 7:00 P.M.
2. Closed Session
The Board is requested to adjourn to closed session pursuant to G.S.
§ 143-318.11(a)(6) in order to discuss a personnel matter.
7:00 P.M.
3. Opening of Regular Session—Pledge of Allegiance
4. Agenda Adjustments
5. Minutes
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January 3, 2000 Worksession
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January 10, 2000 Regular Session
6. Resolution Honoring David F. Thompson
A resolution honoring outgoing County Manager David F. Thompson has
been prepared. Mr. Thompson joined Durham County on May 6, 1996 and will
leave on March 3, 2000.
7. Resolution Honoring Mr. Gary Hock
A resolution honoring Mr. Gary Hock has been prepared at the request
of Commissioner MaryAnn Black. For many years, Mr. Hock has faithfully
shared his resources during the holidays to help children, primarily those
who live in the Oxford Manor neighborhood.
County Manager's Recommendation: Present the resolution to Mr.
Hock, and extend sincere congratulations to him for his efforts to bring
smiles to so many children in this community.
8. Proclamation for "National School Breakfast Week"
A proclamation has been prepared recognizing "National School Breakfast
Week" during March 6 – March 10. Ms. Tracey Bates, MPH, RD, LDN of the
Public Health Department’s Nutrition Division, will be present to make
remarks and say a few words about the events scheduled during that week.
County Manager's Recommendation: Approve the proclamation for
"National School Breakfast Week," and present a copy to Ms. Tracey Bates.
9. Consent Agenda
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Street Annexation Petition—Gray Hawk Trail (Gray Hawk Subdivision) (adopt
the resolution to approve the addition of Gray Hawk Trail to the state’s
road maintenance system subject to the certification of eligibility by
the appropriate officials of the NC Department of Transportation);
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State Applicant Disaster Agreement & Designation of Applicant’s Agent
Form (approve Carolyn Titus, Deputy County Manager, as the agent for the
County of Durham in the agreement with the North Carolina Department of
Emergency Management. Designating an agent allows the County of Durham
to move forward in the process to receive public assistance from the North
Carolina Department of Emergency Management regarding the Presidential
Emergency Declaration Severe Snow Storm FEMA 1312-DR-NC);
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Establish Pay As You Go Project and Approve the Architectural Design Services
Contract With DTW Architects and Planners, Ltd. for the Expansion and Renovation
of the Shelter for H.O.P.E. (establish the Homeless Shelter pay as you
go project in the amount of $140,000 (00CPA000011) and authorize the execution
of an architectural services contract with DTW Architects and Planners,
Ltd., in the amount of $108,000);
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Standard Non-Reimbursable Utility Contract for Extension of the County
Sanitary Sewer System--Page Moor Subdivision (authorize the execution of
the utility contract for this addition to the County sanitary sewer system);
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Budget Amendment 00BCC000035 to Recognize an Increase in Intergovernmental
Revenues due to Revised State Allocation Figures (approve Budget Amendment
#00BCC000035 in the amount of $211,459 to increase The Durham Center budget
to reflect the State’s FY99-00 allocation. This is the annual budget reconciliation
with The Durham Center and the State Division of Mental Health);
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Offer to Purchase County Property (118 & 110 Plantation Drive) (pursue
the upset bid process at this time. The Board will have the authority to
accept or reject any offer at the conclusion of the upset bid process as
it so desires);
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Resolution to Release Funds to Triangle J Council of Governments (approve
the resolution on the consent agenda since it requires no a local appropriation
and it is an annual action);
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Budget Amendment #00BCC000038 to Accept New DSS Revenues for Unified Child
Care Subsidy System (approve Budget Amendment #00BCC000038 for DSS to accept
new revenues in the amount of $150,000 from the Durham Partnership for
Children [Smart Start] for the Unified Child Care Subsidy System. I have
placed this on the consent agenda as the project was discussed and reviewed
at your February 7, 2000 Work Session);
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Lease Agreement for the Department of Social Services (DSS) for the Unified
Child Care Subsidy System (authorize the execution of a thirty-nine month
lease with mechanics and farmers bank for 5,757 square feet of space at
2634 Chapel Hill Boulevard, Durham, NC at an annual rate of $48,528.00
to house the unified child care subsidy system); and
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New Hope Creek Open Space Acquisition (approve the 37.5-acre acquisition
[PIN #0800-01-25-0443] as an important addition to the County’s New Hope
Creek Corridor open space project).
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.
10. Public Hearing on Commute Trip Reduction Program
The Board is requested to hold a public hearing and receive comments
on the proposed Commute Trip Reduction Program. The proposed Program has
been modified slightly since the February Worksession when it was presented
to the Board. The modifications are primarily to clarify the first goal
in the community goals section. The first change makes it clear that the
goal is to measure the use of other than single occupancy vehicles during
peak commute hours. The second minor change reflects the desirability and
possibility that additional communities will join in this program. To accommodate
this, the advisory board membership may grow to 20 members with the inclusion
of additional communities. The remainder of the Program remains unchanged
as a primarily voluntary program.
Resource Person(s): Ellen Reckhow, Vice-Chairman, BOCC; Kennon
Borden, Co-Chair of the TDM Committee; Mary Clayton, Parsons Brinckerhoff;
and Chuck Kitchen, County Attorney.
County Manager's Recommendation: Hold the public hearing and
adopt the Program if the Board feels it is justified based on the information
received.
11. To Conduct Public Hearings to Consider Amendments to Improve
the Efficiency of the Zoning Ordinance
To adopt the amendments to: a] revise Section 4A.8 [multi-family residential]
regarding accessory dwellings and building frontages (TC90-99); b] revise
Section 8 [Performance Standards] regarding buffers on Interstate 540 (TC91-99);
c] revise Section 4C.1 [Office and Institutional -1] regarding personal
service establishments as a permitted use in certain circumstances (TC92-99);
d] revise Section 4D.5.2 [Commercial Trade] district to allow artist studios
and artist galleries (TC-93-99); e] revise Section 9 [Parking] and Section
17 [Site Plans] to encourage TDM measures (TC 94-00); f] revise Section
4B.2 [Mixed Use] regarding parking standards (TC95-00); g] revise Section
12.9 [Signs] and Section 8.1 [Performance Standards] regarding obsolete
signs and junk cars/manufactured homes in residential areas (TC 96-00);
and g] revise Section 20.2 regarding notices of violations (TC97-00).
Resource Person(s): Bonnie Estes and Norm Standerfer will present
the item.
County Manager's Recommendation: Adoption of the amendments.
12. Wastewater Treatment Plant Design Contract – Phase 2
The Board is requested to authorize the County Manager to enter into
a contract with McKim & Creed for Phase 2 of the Wastewater Treatment
Plant Upgrade and Expansion Project. The Phase 2 Scope of Services provides
engineering services to design and construct Nitrogen removal facilities
and increase capacity from 6 MGD to 12 MGD at the County’s wastewater treatment
plant on Highway 55 in southern Durham County.
This project was discussed at the May 3, 1999 Worksession. Phase 1 was
approved on May 10, 1999 to design a new influent pump station, a new effluent
pump station, a new ultraviolet disinfection system, and also included
an evaluation of three options to pump some or all flows to the City plant
on Farrington Road. The City evaluation was presented to the Board on December
6, 1999 and design work is proceeding on Phase I.
The cost of the services for Phase 2 is not to exceed $1,375,600. These
funds are currently budgeted in the Enterprise Fund for Treatment Plant
improvements.
The Board requested that staff initiate further discussion with the
City to determine if the City was amenable to negotiating the cost of pumping
the County’s flow to the City’s Wastewater Treatment Facility on Farrington
Road. City and County Staff met to discuss this issue on February 18, 2000.
The results of those discussions implied that the County should move forward
with the design of Phase I and Phase II. The Phase I design can incorporate
the capability to pump flows to the City using the same structural facilities.
Phase II can be phased to provide improvements at 6 MGD, and expansion
to 12 MGD. The improvements proposed in Phase 1 and in the 6-MGD portion
of Phase II will be needed even if some flows are ultimately pumped to
the City.
Resource Person(s): Wendell Davis, Deputy County Manager; Glen
Whisler, County Engineer; Sandra Phillips, Purchasing Director; Chuck Hill,
Utility Division Manager; and Patty Gravinese, Finance Director
County Manager's Recommendation: Authorize the County Manager
to enter into a contract with McKim and Creed for the Phase 2 improvements
at a cost not to exceed $1,375,600.
Phase 2 addresses two major issues related to the County’s wastewater
treatment plant--permit compliance and additional capacity for future customers.
Based on regulatory requirements mandating more stringent treatment requirements
and increasing flows approaching the plant capacity, it is imperative that
the County proceed with the design of Phase 2.
13. Lease for the Youth Coordinating Board
The Board is requested to authorize the execution of a lease between
the County of Durham and TeerMark Associates, LLC for 1,645 square feet
of space located at 212 West Main Street, Durham, NC Suite #104. This is
a five-year lease at a cost of $10.50/square foot held constant over the
term of the lease, an annualized cost of $17,268.00. The term of the lease
is June 1, 2000 through May 31, 2005. This space is needed for the daily
operations of the Youth Coordinating Board (YCB) and appropriate funds
have been budgeted in the YCB’s FY ‘99-00 budget.
From its inception in August 1998 until July 1999, the YCB was housed
with the Durham Community Prevention Partnership (DCPP) at 115 Market Street,
Suite 400. The City of Durham provided this space at no charge to the County.
Due to decisions by the City and County to transfer the DCPP staff to The
Durham Center, the City terminated the lease of this space. Since July
1999, the YCB has been located at 117 Market Street. When presented with
a five-year, $12.00/square foot lease at 121 Market Street in August 1999,
the Board expressed concerns about the term and rate, and asked staff to
seek a more affordable location. A four-month lease was approved in the
interim. All three Market Street locations are a part of the Bull City
Business Center.
Under the TeerMark lease, the Landlord shall be responsible for electricity,
water, sewer, heating and air conditioning and the maintenance of such
systems, roof and exterior structural walls, elevators and associated maintenance,
stairs, common area maintenance, and all real estate taxes and assessments.
The County shall be responsible for telephone and related equipment/services,
janitorial services for the primary lease space, maintaining the space
in neat, clean, safe and sanitary condition, and repair of damage due to
any act or negligence on the part of the County or its guests.
While it is recognized that the Board’s preference is for a three-year
lease, the Landlord would not negotiate on this point, as any term less
than five years would not allow the Landlord to satisfactorily recoup investments
made for facility renovations.
With the exception of one clause, the County Attorney has approved the
lease as to legal form. The County Attorney can not agree to the Exculpation
Clause as a legal matter, and TeerMark can not agree to removal of this
Clause. In the event of default, the Exculpation Clause allows the County
to only look to the Landlord’s equity in the premises for satisfaction
of remedies and does not allow for personal liability in such an event.
Resource Person(s): Sandra W. Phillips, Director of Purchasing,
and Anita Daniels-Kenney, Director of the Youth Coordinating Board.
County Manager's Recommendation: The County Manager recommends
that the Board approve the lease at the rate and term noted, and inclusive
of the Exculpation Clause. Upon examination of the County’s potential exposure,
it was determined that worst case scenario in the event of Landlord default
and inadequate Landlord equity in the premises is approximately three months
of lease payments (~$5,000.00). The County Manager believes that it is
operationally in the best interest of the County to proceed with the lease
as proposed. Funds have been budgeted in YCB’s FY’99-00 budget to cover
the cost of the lease.
14. Contract for a Consultant to Conduct a Disparity Study for the
County of Durham
The Board is requested to authorize the County Manager to negotiate
and enter into a contract with Mason Tillman Associates, Ltd. to conduct
a second-generation disparity study for the County at a cost not to exceed
$164,500.00. The County is seeking to determine whether race and gender
discrimination continue to affect prime contractor and subcontractor participation
in the public contracting activities of the County. This study will be
used as a basis for developing policies regarding the practices of public
contracting. The disparity study must be conducted to meet the legal requirements
set forth in Croson and any other decisions that bear on the rights
and responsibilities of governments to implement minority and women business
programs. If it is ascertained that discrimination is a cause of disparate
participation, the study will recommend remedial policies that may include
race and gender neutral non-discrimination programs, as well as narrowly
tailored race and gender conscious programs, within the Croson principles.
The County’s original study enacted into ordinance in November 1994 has
now sunset. It is the position of the County Manager, County Attorney,
and Director of Purchasing that a second-generation study is essential
to ensure a legally defensible position for the County in whatever type
of program the County establishes in ensuring an equitable field for the
County’s procurement dollars. The memo to the County Manager dated February
18, 2000 explains the process used and the rationale for the recommendation
of this firm. Board approval of transfer funds from the contingency fund
to the Purchasing Department is requested (BCC000037).
A Request for Qualifications process was employed. The RFQ was advertised
in six publications and mailed to 12 firms on September 2, 1999. An Evaluation
Team was established to analyze the responses and make a recommendation
to the Board. Responses were received from four (4) firms: Mason Tillman
Associates, Ltd., D. J. Miller and Associates, MGT of America, and Griffin
& Strong PC.
Mason Tillman offered the lowest responsible proposal. In conducting
the analysis, it was determined the firm’s written response, demonstrated
capability during the interview, and reference responses established this
firm as well qualified to conduct the Second Generation Disparity Study
for the County of Durham.
Cora Cole-McFadden, City of Durham Equal Opportunity/Equity Assurance
Director, participated in the interview portion of the County’s review.
It is our understanding that the City is currently exploring the opportunity
of conducting a second-generation disparity study as well. The County should
be able to realize approximately $8,000 in savings should we be able to
coordinate the work with the City.
Resource Person(s): Chuck Kitchen, County Attorney; Sandra W.
Phillips, Director of Purchasing; Jackye Knight, Director of Human Resources;
and Jan Bryant-Berry, Business Development Manager
County Manager's Recommendation:Authorize the County Manager
to negotiate and enter into a contract with Mason Tillman Associates, Ltd.
in an amount not to exceed $164,500.00 to conduct a second-generation disparity
study for the County of Durham, and approve transfer of funds from the
contingency fund to the Purchasing Department as requested (BCC000037).
15. Ordinance Extending M/WBE Provisions
Pending the disparity study, the current M/WBE ordinance is proposed
to remain in effect. This will keep the status quo until the results of
the study are available. It is anticipated that the results will be available
around the end of the calendar year. Once the results are in, the Board
will then have the information available to determine the appropriate action
to take regarding the ordinance.
Resource Person(s): S. C. Kitchen, County Attorney
County Manager's Recommendation: Approve the ordinance so that
the current program can continue pending the results of the disparity study.
Without the study results, an informed decision about the future of the
M/WBE ordinance cannot be made.
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