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REVISED THE BOARD OF COUNTY
COMMISSIONERS DURHAM, NORTH CAROLINA Monday, November 26, 2001 AGENDA 5:00 P.M. Closed Session
The Board
of Commissioners is requested to adjourn to closed session pursuant to N.C.G.S.
§ 143-318.11(a)(4) to discuss the location or expansion of industries or other
businesses, and to consider economic development incentives. Regular Session
7:00 P.M. 1. Opening of Regular Session?Pledge
of Allegiance 2. Agenda Adjustments 3. Minutes a.
October
1, 2001 Regular Session b.
October
8, 2001 Regular Session 4.
November Anchor Award
Winner?Katherine J. Mellown Katherine
J. Mellown, Durham County EMS Special Program Coordinator, is the winner of
this month?s Anchor Award. In the nomination letter, EMS Director Mickey Tezai
noted Mellown?s efforts of helping the agency resolve its most serious
problem?the recruitment and retention of qualified workers. Over an eighteen-month period, she helped
reduce the number of EMS staff vacancies from 15 to 3, thus significantly
reducing the department?s annual overtime costs. 5.
Consent Agenda a.
Cancellation
of the December 24, 2001 Board of County Commissioners? Regular Session (per
the Chairman, the Board will discuss cancellation of this meeting); b.
Sales
Tax Refund Audit Services (RFP 02-003) (recommendation is to enter into a
service contract with Ernst and Young LLP); c.
Capital
Amendment Number 02CPA000006: Approval
of Professional Services Building Programming and Pre-Design Contract for the
Durham County Justice Building Capital Project (No: DC066) (approve Capital
Amendment Number 02CPA000006 including an appropriation of funds and execution
of contract with O?Brien/Atkins Associates, P.A., in the amount of $234,970.00,
plus a reimbursable amount of $16,800.00 thus totaling $251,770.00 and to execute
any other related contracts, if necessary, not to exceed the estimated budget
of $280,000.00); d.
Offer
to Purchase County Property (0 Alben Street) (pursue the upset bid process); e.
Property Tax Releases and Refunds
Report for October 2001 (accept the report as presented and authorize the Tax
Assessor to adjust the tax records as outlined in the report); and f.
Budget Ordinance Amendment No.
02BCC000035?Cooperative Extension?recognize deferred revenues for school-age
child care grant funding (approve Budget Ordinance Amendment No. 02BCC000035 in
the amount of $3,494 to reflect appropriation of revenue and expenditures from
FY 2001-2002). 6.
To Receive Public Comment and Adopt
a Priority List for the TIP 2004-2010 The Transportation Improvement
Program (TIP) determines how state and federal transportation funds will be
spent throughout Durham County and the State of North Carolina in upcoming
years. The bi-annual TIP preparation begins with a process of priority setting
by local jurisdictions. Each jurisdiction
gives a priority recommendation for transportation projects that have not been
funded or that are partially funded.
Wesley Parham of the City Transportation staff provided background on
the process and at the Commissioners? Work Session on Resource Person(s): Bonnie Estes, City-County Planning;
Wesley Parham, City of Durham County Manager?s Recommendation:
The County Manager recommends that the Board receive the public comment
and adopt a list of TIP 2004-2010 priorities. 7.
Public Comment?Northeast Durham
Small-Area Plan
Northeast Durham is one of the three
small areas without an adopted land use plan.
The study area encompasses approximately 24,000 acres. The area lies east of U.S. 70, south of
Interstate 85 and the Granville County line, north of N.C. 98 and west of the
Wake County line. The population at the
time of the 2000 U.S. Census was approximately 14,000. During the 1990s, the population grew by
over 32 percent. The Land Use Plan for Northeast
Durham encourages and promotes economic development while safeguarding air and
water quality. The Plan promotes a mix of residential
densities intended to accommodate a wide range of citizen need and
preference. The draft Plan initially presented
to the Planning Committee called for a residential density of 1-2 units per
acre in a 2,600-acre area east of the proposed Northern Durham Parkway and west
of Burton Road/Fletchers Chapel Road/Stallings Road. However, staff increased the recommended density to 1-3 units per
acre in order to bring the Plan into closer conformance with existing zoning
and land use trends in that area. This
change has been opposed by a number of citizens who attended public meetings
during Plan development. The Planning Committee considered
the Plan at three meetings. The
Committee voted to recommend approval at its October 10, 2001 meeting in a 3-2
vote. Resource Person(s): Laura D. Woods, Planner, will present the item.
8.
Quasi-Judicial Hearing?M01-02
Addition to Lebanon Volunteer Fire Department Douglas E. Griffin, on behalf of the
Lebanon Volunteer Fire Department, has submitted a Major Special Use Permit for
a 3,000 square foot addition to an existing facility on +2.311 acres
zoned RD, M/LR-B and Eno-B. The
property is located at 7900 Russell Road;
on the southeast side of Russell Road, south of Guess Road (Tax References
861-1-6, 6A, 7, 8A; PIN 0816-04-72-9417,9579, 0816-04-82-0638,0797; County
Street Atlas Page 27, Blocks D-3 & D-4).
Governing Body approval of the Major Special Use Permit is
required for government facilities in the Rural District. Notice of the governing board consideration
of this major special use permit will be published in the newspaper in
accordance with the requirements of the Durham Zoning Ordinance Section
13.2.2.3 Major Special Use Permits. A
Traffic Impact Analysis is not required for this project. Resource Person(s):
Teri Danner, Senior Planner County Manager?s Recommendation:
Hold the public hearing and evaluate the evidence presented. The Planning staff will make a
recommendation after the hearing of this case.
The County Manager will make a recommendation after the hearing of this
case. After the hearing, one of these
two motions is in order: Motion A: (Approval with or Without Conditions) - To
direct the Planning Director to prepare a decision granting with conditions the
use permit in Case M01-02.
(Commissioners should identify any conditions they wish to incorporate
into their approval. Staff will prepare
the decision for the Commissioners? next meeting for action). Motion B: (Disapproval) - To direct the Planning
Director to prepare a decision denying the use permit in Case M01-02. (Commissioners should identify the findings
they are unable to make so these can be incorporated into the decision. Staff will prepare the decision for the
Commissioners? next meeting for action). 9.
Public Hearing: Coulter, Jewell, Thames, P.A., Applicant
(Rezoning Case P01-69) Coulter,
Jewell, Thames, P.A. will present to the Board of County Commissioners a
request to rezone 60 acres of a 109.052 acre tract bounded in by Red Mill Road,
Teknika Parkway and Old Oxford Road, PIN 0845-02-67-5196 (TM 950-1-1) Request:
RAD and I-2 to I-2; F/J-A. The proposal
is in general conformance with the small area plan and 2020 Plan. Staff recommends approval. The Zoning
Committee of the Durham Planing Commission conducted a public hearing on
November 13, 2001 and voted to recommend approval. The public hearing for this request
was advertised on November 16 and 23, 2001 in the Durham Herald-Sun. Resource Person(s):
Nazeeh Abdul-Hakeem, Acting Planning Supervisor, and Dick Hails, Interim
Planning Director County Manager?s Recommendation:
The Manager?s recommendation is that the Board hold the public hearing
and approve the rezoning, if appropriate, based on public comment. 10.
Public Hearing on 2/3?s Bonds The Board of Commissioners set the
public hearing on the bond orders for the two 2/3's bond issues, public
buildings and library, for November 26, 2001.
A copy of the suggested proceedings has been prepared by Bond Counsel. It should be recalled that 2/3's
bonds are general obligation bonds which are limited to 2/3's of the amount of
principal debt retired in the previous fiscal year. These bonds do not require voter approval, and for this reason,
are the most cost-effective form of financing available to the County. Resource Person(s): Chuck Kitchen, County
Attorney; Pam Meyer, Budget Director; George Quick, Finance Officer. County Manager?s Recommendation:
Hold the public hearing as required, and pass the bond orders if
appropriate. 11.
Public Hearing on Refunding Bonds The Board of Commissioners set the public
hearing on the bond order for the refunding bond issue for November 26,
2001. A copy of the suggested
proceedings has been prepared by Bond Counsel. Depending on market conditions, the
refunding bond should save the County approximately $1,500,000. The time for repaying the refunded bonds
will not be changed from the original bonds. Resource Person(s):
Chuck Kitchen, County Attorney; Pam Meyer, Budget Director; George
Quick, Finance Officer. County Manager?s Recommendation:
Hold the public hearing as required, and pass the bond order if
appropriate. 12.
Reimbursement Resolution for School
Bonds As the general obligation bonds for
public schools have now passed, the schools need to proceed with design work in
order to put the projects out to bid.
The schools may also want to begin work on some of the smaller
projects. In order for this to be paid
out of bond proceeds, a reimbursement resolution needs to be adopted. A portion of the approved bonds will
probably be sold in late winter or early spring. The exact sale date will be determined based on a cash flow needs
analysis by Budget. Resource Person(s): Chuck Kitchen, County Attorney. County Manager?s Recommendation: Approve the resolution so the County
can be reimbursed for the school expenditures from bond proceeds. 13.
Purchase of Malpractice Insurance The County currently purchases
insurance for The Durham Center, Public Health Department, and Emergency
Medical Services Department to cover any malpractice claims. The coverage provides $1,000,000 per each
occurrence with an aggregate coverage limit in the amount of $3,000,000. The policy premium for the past year was
$76,889. The policy year ends November
31, 2001. Being aware that insurance
premiums were on the rise, $100,000 was budgeted for this year?s coverage. The
current malpractice coverage is with St. Paul.
They have informed us that they will no longer insure The Durham Center
or the Public Health Department. They
have indicated that this is a business decision to not continue coverage for
these types of public entities, and had nothing to do with Durham County. Marsh USA Inc., the County?s insurance
brokers, have gotten a quote for similar coverage from CNA. Marsh was unable to obtain any other quotes
from other companies at this time. The
quote was $202,000. Due to this
tremendous increase, Risk Management also had Marsh seek insurance coverage for
only EMS and the doctors and dentists who are employed by the Public Health
Department and the Durham Center. The
premium for this coverage is $91,636 from the current carrier, St. Paul. This was the least expensive premium from
the insurance companies for this coverage. Due to the
increase in premium, it is requested that the Board approve the County
contracting for the coverage of EMS and the doctors and dentists with St.
Paul. The employees of The Durham
Center and the Public Health Department no longer covered by insurance will be
covered by the County?s policy on representation of employees and payment of
claims as are the employees in other departments. Resource Person(s): Chuck Kitchen, County
Attorney; Cathy Whisenhunt, Risk Manager. County Manager?s Recommendation:
Purchase the insurance to cover EMS and the doctors and dentists for
malpractice. The premium for the
insurance similar to the current plan is cost prohibitive, and the uninsured
employees will be protected by the County?s policy on representation and
payment of claims. 14.
Board and Commission Appointments Garry
E. Umstead, CMC, Clerk to the Board, will distribute ballots to make
appointments to the following boards and commissions: ·
Animal
Control Advisory Committee ·
Environmental
Affairs Board Resource Person(s): Garry E. Umstead, CMC, Clerk to the
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