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REVISED THE BOARD OF COUNTY COMMISSIONERS DURHAM, NORTH CAROLINA Monday, December
10, 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)(6) to discuss the County Manager?s work plan. The Board
will also discuss the location or expansion of industries or other businesses,
and to consider economic development incentives pursuant to N.C.G.S. §
143-318.11(a)(4). Regular Session
7:00 P.M. 1a. Opening
of Regular Session?Pledge of Allegiance 1b. Agenda
Adjustments 2. Minutes October 22, 2001 Regular Session 3.
Presentation of Platinum Level Achievement Award, the Golden Sneaker and
the JDF Sneaker Squad Awards for the 2001 Walk to Cure Diabetes Campaign The
Juvenile Diabetes Research Foundation (JDRF) annually hosts the Walk to Cure
Diabetes Campaign for the Triangle region. Deputy County Manager Wendell M.
Davis chaired this year?s fundraising campaign. The Walk was held on September
15, 2001 at Nortel Networks. The
?Durham County Pacesetters" represented approximately 80 of the 4,300
walkers who participated in the event and raised almost $14,000. Durham County Government employees
participated in this important community event because: ·
120 million people are afflicted
worldwide by diabetes ·
A new case of diabetes is diagnosed
every 40 seconds ·
16 million Americans suffer from the
disease ·
5.4 million Americans remain
undiagnosed ·
Diabetes kills one American every
three minutes As a result of the fundraising efforts of County employees,
the County for the first time received the Platinum Level Achievement Award
from Juvenile Diabetes Research Foundation International. Five team captains
received either the Golden Sneaker Award or the JDF Sneaker Squad Award. The award winners are: Golden
Sneaker Award
Ronnie Butler ? General Services Captain Manual Davidson ? Durham
County Sheriffs Department JDF
Sneaker Squad Award
Deborah Craig-Ray ? Public
Information and Governmental Affairs Kara Warren ? Emergency Medical
Services David Skaggs - Tax Office Resource Person(s): Wendell M.
Davis, Deputy County Manager and Chairman of the 2001 Walk to Cure Diabetes
Campaign County Manager?s Recommendation: The
Manager?s recommendation is that the Board accept the award and congratulate
the County staff on a job well done. 4.
Consent Agenda a.
Final Offer to Purchase County
Property (704 Gaston Ave.) (approve b. Sanitary
Sewer Easement Across County Property (900 Scout Drive) (authorize the
conveyance of the easement contingent upon the proper abandonment of the
existing easement and instruct the County Attorney to draft a deed
restriction); c. Lease
Agreement (County Lot #17?Space for West Village) (authorize the execution of
the Lease Agreement between Durham County and West Village, a Limited
Partnership); d. Change in
BOCC Fixed Asset Policy?Increase Capitalization Threshold From $1,000 to $5,000
and Change in Procurement Card Purchase Limit?Increase from $1,000 to $5,000
(approve the change in the Fixed Asset Policy increasing the capitalization
threshold from $1,000 to $5,000 retroactive to July 1, 2001 and the change in
the procurement card purchase limit from $1,000 to $5,000); e. Execution of
Architectural Design Service Contract with Brown and Jones Architects, Inc.,
for the Addition and Renovation of the Lebanon Volunteer Fire Station
Building?RFQ 02-001 Project No. DC064-30 (authorize the execution of a contract
with Brown and Jones Architects, Inc., in the amount of $31,540.00 for the
purpose of renovating and expanding the Lebanon Fire station); f.
Resolution to Release Funds to
Triangle J Council of Governments (approve the release of funds to Triangle J
Council of Governments; it requires no local appropriation and it is an annual
action); g. Contract for
Forest Ranger?NC Department of Environment and Natural Resources Agreement
(approve the contract so the County can continue to receive the protection from
forest fires as provided under contract); h.
Budget Ordinance Amendment No.
02BCC000039?Office of the Sheriff?Recognize Deferred Revenue for the Sheriff?s
Office (approve Budget Ordinance Amendment No. 02BCC000039 to recognize $12,473
in deferred revenue); i.
Budget Ordinance Amendment No.
02BCC000037?Social Services?Recognize Deferred Revenue for the Department of
Social Services (approve Budget Ordinance Amendment No. 02BCC000037 to
recognize $135,800 in deferred revenue for Social Services); j.
Salary of Sheriff for Election
Filing Period (Set the salary during the filing period at $65,000 and assess
and set the salary of the sheriff when the new or incumbent sheriff takes
office after the election); k.
Approval of Memorandum of
Understanding with the Durham Public Schools (approve the Memorandum of Understanding); l.
Resolution?Providing for Sale of
Two-thirds and Refunding Bonds (adopt the resolutions providing for the sale of
the bonds so that staff may continue with the process); m.
Budget Ordinance Amendment No.
02BCC000036?Board of Elections?to Recognize and Appropriate $10,000 grant from
State BOE to Purchase Laptop Computers for One Stop No Excuse Voting (approve
Budget Ordinance Amendment No. 02BCC000036 to appropriate $10,000 in grant
revenue as requested by the Board of Elections); n.
Budget Ordinance Amendment No.
02BCC000040?Public Health to Recognize Revenue for the General Health Clinic
(approve Budget Ordinance Amendment No. 02BCC000040 to recognize $10,000 from
the Department of Health and Human services for the CDC TB Elimination and
Prevention Program); o. Budget
Ordinance Amendment No. 02BCC000041?Mental Health?DD First-in-Families Grant
(approve Budget Ordinance Amendment No. 02BCC000041 to appropriate $60,000);
and p. Budget
Ordinance Amendment No. 02BCC000042?Mental Health?and Approval to Establish 2.5
Provisional Social Worker II Positions - State Adult Care Home Incentive Funds
(approve Budget Ordinance Amendment No. 02BCC000042 to establish 2.5 FTE
additional positions; appropriation of funds will total $135,000 for F/Y
01-02). 5.
Public Comment?Land Use Plan Amendment #A01-10 (Southeast Durham Plan) Receive public comments and follow recommended
actions to deny the request to amend the Future Land Use Map of the Southeast
Durham Plan. The Southeast Durham Plan directs nonresidential development
generally along two main corridors?US 70 and NC 98. The intersection of Sherron Road and NC 98 is identified in the
Plan as a small neighborhood commercial node.
The Plan specifically states that the small neighborhood scale
commercial area contains a grocery store and drug store but should be limited
to one quadrant of an intersection. On April 25,
2001 the Planning Commission unanimously approved an amendment (Case A01-07) of
the Plan to slightly expand the commercial node west of Sherron Road; to significantly
expand the commercial node east of Sherron Road, and to allow high density
residential or office uses east of Sherron Road. The applicant in both cases, RDSK, LLC proposes to further
increase the size of the commercial area in the southwestern quadrant and to
reduce the density of the residential portion of the southeastern
quadrant. The intent of the Plan is to
encourage new employment areas and neighborhood-scale commercial activities at
the subject intersection. The Plan also
encourages locating new high- and medium-density residential neighborhoods near
the intersection of major roads, with direct access to thoroughfares. The Durham Planning Commission reviewed the
applicant?s proposal at its meeting on July 25, 2001 and recommended denial
(6-1). Resource Person(s): Dick
Hails, Interim Planning Director and T. E. Austin, Planning Supervisor County Manager?s Recommendation: The
Manager?s recommendation is that the Board receive public comment and, if
appropriate, deny the request to amend the Southeast Durham Plan to
further expand the commercial node and to decrease residential densities at the
intersection of Sherron Road and NC 98. 6.
Public Hearing?Dale E. Sneider, Applicant (Rezoning Case P01-39) Dale E. Schneider
will present to the Board of County Commissioners a request to rezone 5.92 acres located at 5307
Farrington Road, PIN 0709-03-30-5588 (Tax Map 485, Block 1, Lot 6A). Request: R-20 to RD (D) (F/J-B and MTC). The proposal is in general
conformance with the small area plan and 2020 Plan. Staff recommends approval. The Zoning Committee of the Durham
Planning Commission conducted a public hearing on October 10, 2001 and voted
7-0 to recommend approval. The public
hearing for this request was advertised on November 23 and 30, 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. 7.
Durham Public Schools-Purchase of Real Property On September 27,
2001, the Durham Public Schools Board of Education approved the purchase of
real property for a new K-5 elementary school in the amount of $1,071,030. The property is located at the corner of
Ephesus Church Road and George King Road and is referred to as the Swain
property. The parcel is 37.58 acres. In order to fund
the purchase of the property, the Board of Education also approved a change in
the use of remaining 1991 Bond funds to serve as the required local match for
funds from the Public School Capital Building Fund, a copy of which is
included. These two sources of revenue,
along with funds from the 2001 Bond and 1996 State Bond funds, provide the
funds needed to purchase the land. The Durham Public
Schools Board of Education requests approval to purchase the property, approval
to use the balance of $104,062 remaining from the 1991 Bond fund, and approval
of the application for Public School Capital Building Funds in the amount of
$312,186. Resource Person(s): Hugh Osteen, Executive Director
of Facilities Services, Durham Public Schools. County Manager?s
Recommendation: The
County Manager recommends that the Board approve the request as presented. 8.
Reimbursement Resolution for School Bonds As the
general obligation bonds for public schools has 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. A copy of the reimbursement resolution
is attached. 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. 9.
Budget Ordinance Amendment No. 02BCC000038 and Capital Project Amendment
No. 02CPA000007?Survivable Ring Optical Fiber for Emergency Management and EMS The Board is asked
to authorize staff to approve the proposal from Verizon Communications to
install a SONET Fiber Ring for highly-reliable communications between Emergency
Management/Emergency Operations Center (EOC), Emergency Medical Services main
base, and Verizon?s main switching office.
This will allow continuous communications for these departments and in
the event of an emergency, between these operations and county government
offices in downtown Durham where the Joint Information Center (JIC) will be
located. After the
relocation of the Emergency Operations Center (EOC) from the basement of City
Hall to Broad Street, the risk of interruption of communications significantly
increased due to the greater distance to telephone switching facilities and due
to the above-ground telephone cables serving the new EOC location. If, during an emergency, a vehicle strikes a
telephone pole along the cable route, a tree is blown across the wires, or
lines fall due to an ice storm, the EOC and/or EMS could lose all communications
until repairs are made. In order to eliminate
this risk, three options were investigated to provide backup communications in
the event of failure of primary voice and/or data communications during an
emergency. Because the Emergency
Management/Emergency Operations Center and Emergency Medical Services main
offices are relatively close to each other, and both need to maintain
communications in an emergency, it was decided to seek a solution that would
improve reliability at both sites. Three
possible backup alternative solutions have been explored: 1) wireless technology, 2) a diverse copper circuit, and 3) a fiber
optic ring. Use of
wireless technology, while the least expensive, is not reliable in severe
weather that would likely be cause for emergency operations in the first place
and was not given further technical consideration. Use of an
alternate-route copper circuit has a moderate cost (estimated at about
$35,000), limited bandwidth potential, and still involves risk in severe
weather due to above-ground cables and the need for human intervention. A
fiber optic ring has two separate, underground routes with data flowing in
opposite directions in two fiber optic circuits that provide automatic fail
over to all points on the ring should any link be cut. It also has redundant terminal equipment to
ensure operation continues in the event of a hardware failure. Staff
has concluded that a fiber optic ring is by far the best solution due to the
reliability inherent in its architecture. Fiber also offers greater bandwidth
capabilities. This option is normally
very expensive to implement. However,
Verizon has made it more cost effective than an alternative copper circuit by
absorbing a great deal of the cost. Verizon has offered to install the
fiber ring at their expense ($212,800.00) if the County agrees to pay the
one-time cost of $23,923.26 for: 1) the installation of diverse route
underground conduits on County property ($11,503.52 at EMS & $5,068.00 at
Emergency Management); and 2) for
purchase and installation of termination equipment ($3,096.87 equipment plus
$579.00 installation at each location).
Under this proposal, the cost to the County for the fiber optic ring
solution is significantly lower than the less reliable copper circuit
alternative. Monthly communications costs will
increase by $506.65 for Emergency Management and $547.85 for EMS beginning at
the conclusion of the installation in spring of 2002. This is approximately the same monthly increase projected for
alternative copper circuits. Emergency
Management and Emergency Medical Services will pay the aforementioned
installation and monthly cost for the remainder of the year from their current
operating budgets. $18,166 is available
from remaining funds allocated to the Warrant Control Capital Project. It is recommended that these remaining funds
be transferred from the capital project budget to the Information Technology
Department operating budget to cover a portion of the one-time costs for
installation of the SONET fiber optic ring.
Information Technology will pay the balance for this fiscal year from
funds already budgeted for network enhancements. The Warrant Control Capital Project will then be ready to be
closed. Resource Person(s): Jeff
Batten, Emergency Management Director;
Mickey Tezai, EMS Director;
Perry Dixon, Director of Information Technology County
Manager?s Recommendation: The Manager recommends that the
Board authorize staff to approve Verizon?s proposal, approve the Budget
Amendment No. 02BCC000038, and the Capital Project Amendment No. 02CPA000007,
and authorize staff to proceed implementing the SONET Fiber Ring. Also, the Manager recommends that the Board
recognize Verizon?s generous contribution to the community by partnering with
the County in enhancing communications reliability at these two critical
facilities. 10.
Quasi-Judicial Hearing?M01-04?for a Major Special Use Permit for a heliport Dale E. Schneider has submitted an
application for a Major Special Use Permit to allow the use of a 5.92-acre,
single-family residential property for a heliport, zoned RD (D), F/J-B and MTC.
The property is located at 5307 Farrington
Road; east side of Farrington Road, north of Wendell Road, west of I-40 (Tax
References 485-1-006A; PIN 0709-03-30-5588); Governing Body approval of
the Major Special Use Permit is required for a heliport in the Rural
District. Note: a rezoning from R-20 to RD (D) for this site is also
on the BOCC agenda. This use permit can only be considered if the rezoning is
approved. Resource Person(s): Helen
Youngblood, Senior Planner, Joint City/County Planning 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
M01-04. (Commissioners should identify
any conditions they wish to incorporate into their approval. Staff will prepare the decision for the
Commissioners? next meeting for action); or Motion B: (Disapproval) - To direct the Planning Director to prepare a
decision denying the use permit in Case M01-04. (Commissioners should identify the findings they are unable to
make so these can be incorporated into the decision. Staff will prepare the decision for Commissioners? next meeting
for action). |
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