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THE BOARD OF COUNTY COMMISSIONERS DURHAM, NORTH CAROLINA Monday, September
23, 2002 AGENDA 5:00 P.M. 1. Request from Board of Elections to Increase the Salary
of the Elections Director 2. Closed Session The Board of County Commissioners is
requested to adjourn to closed session pursuant to G.S. 143.318.11(a)(5) to
instruct the County staff concerning the position to be taken on negotiating a
proposed contract for the acquisition of real property. Regular Session
7:00 P.M. 1. Opening of Regular Session?Pledge of Allegiance 2. Agenda Adjustments 3. Minutes a. July 9, 2002
BOCC/City Council Joint Closed Session b. August 12,
2002 Regular Session c. August 20,
2002 Special Session?American Tobacco Project d. August 26,
2002 Regular Session 4. Recognition of Individuals Who Were Involved With
Transitioning the Residents of Hanson Hill when it was Closed by the State on
August 30, 2002 The Board is requested to recognize
the efforts of DSS, Public Health, The Durham Center, State Division of
Facility Services, and Threshold employees who participated in the successful
transition of residents from Hanson Hill when the facility?s license was
suspended. At 11:20 a.m. on August 30, 2002,
Ms. Michele Elliott, representing the N.C. Department of Health and Human
Services, and Dan Hudgins, Durham County DSS Director, served notice on Mr.
Faiger Blackwell, Administrator to Hanson Hill, that the facility?s license was
suspended as of 5:00 p.m. on that date.
All of the 39 residents of Hanson Hill were relocated on that date as a
result of the dedicated and compassionate work of the individuals noted above. Resource
Person(s): Dan Hudgins, Director, Department of Social Services County
Manager's Recommendation: The Manager recommends that the
Board commend the Durham County employees, state employees, and Threshold staff
who contributed to the smooth transition of the 39 residents who were removed
from Hanson Hill on August 30 when the facility was closed by the state. 5. Recognition of Certification of Register of Deeds
Employees The
Certification Board of the North Carolina Association of Registers of Deeds has
certified the following employees of the Durham County Register of Deeds
Office: Sandra N.
Thomas Alesia
El-Hamalawi Carol
Jenkins They each
have obtained certification as Deputy Register of Deeds. In her letter regarding this certification,
North Carolina Association of Registers of Deeds President Belinda S. White
adds, ?Continuing education of the register of deeds staff provides a higher
level of service to the public." Training includes operations of the office of
register of deeds, bonding requirements and liability insurance, recording and
indexing real property instruments, recording maps and plats, correcting errors
on recorded instruments, canceling deeds of trust, and recording Uniform
Commercial Code documents.
6. Presentation on Durham County Safe Communities Project The Durham County
Safe Communities Project is a program of the Duke Injury Prevention Center and
is funded in part by the Governor?s Highway Safety Program. The program seeks to reduce the number of
motor vehicle-related injuries, including pedestrian and bicycle injuries. The Durham County Sheriff?s Office, the
Durham County Emergency Medical Services Department, and the Durham County
Health Department are ?Coalition Members," which assist the organization in
reaching its stated goals. Resource
Person(s): Marylu Knight, Project Coordinator, and Dr. Karen Frush,
Project Director County
Manager's Recommendation: Receive the report and extend the
Board?s appreciation for the organization?s efforts to reduce injuries and deaths
related to motor vehicles, including those involving pedestrians and bicycles. 7. Consent Agenda a.
Property Tax Releases and Refunds
for Fiscal Year 02-03 (accept the August 2002 property tax release and refund
report and authorize the Tax Assessor to adjust the tax records as outlined by
the report. These are normal recurring
releases and refunds that are presented for the consent agenda); b.
Budget Ordinance Amendment No.
03BCC000005?Durham Center?Request to Accept Additional Revenue for the Development
of an ACTT Team for the Adult Services Unit (approve this budget amendment;
appropriation of funds will be in the amount of $390,125); c.
Budget Ordinance Amendment No.
03BCC00006?Durham Center?Request to Accept Additional Revenue for the
Establishment of a Youth Group Home in Durham County (approve this budget
amendment; appropriation of funds will be in the amount of $45,000); d.
Budget Ordinance Amendment No.
03BCC0000007?Sheriff's Office?G.R.E.A.T. Grant for Gang Resistance Education
(approve this budget amendment; appropriation of funds will not exceed
$10,000); e.
Budget Ordinance Amendment No.
03BCC000009?Soil and Water?Amendment to the Soil and Water Conservation
Department?s Budget (approve this budget amendment, amend the department?s FY
03 Budget, and allow it to retain the additional funds in the amount of $1,770
received for its operations); f.
Budget Ordinance Amendment No.
03BCC000010?Recognize Deferred Revenue for the Departments of Fire Marshall,
Social Services, Public Health, Cooperative Extension, Budget, and Sheriff
(approve this budget amendment to recognize deferred revenue in the amount
$551,969); g.
Budget Ordinance Amendment No.
03BCC000011?FY 2002-2003 Encumbrances (approve this budget amendment; the
unrestricted fund balance will not be affected); h. Award Construction Contract to Patriot
Building Company Inc. for additions to the Durham County Animal Shelter (IFB
#003-03) (authorize the execution of a construction contract with Patriot
Building Company Inc. in the amount of $716,500 for additions to the Animal
Shelter in accordance with IFB #003-03, $18,600 allowance for repairs to the
existing epoxy floor, and authorize the County Manager to execute change
orders, if necessary, not to exceed $71,650.
The total contract will not exceed $806,750); i. Final Offer to Purchase County Property
(1015 Fairview Street) (approve the offer of $16,100 submitted by Ms. Roberts
for the real property and prepare a non-warranty deed for the Chairman?s
signature; this action is consistent with the Board?s policy of recovering the
County?s investment and returns the property to the tax rolls); j.
Approval of Construction Contract
for the Renovations to the Judicial Building Annex Project No: DC068-46, Bid
No: IFB 02-046 (authorize execution of construction contracts in the total
amount of $1,166,511.00 and execute any other related contracts including
change orders, if necessary, not to exceed the estimated project budget of
$1,241,006.00); and k. Preliminary Resolution on Issuance of Revenue
Bonds (approve the preliminary resolution so the County can continue the
financing portion of this important project). 8. Public Hearing and Budget Ordinance
Amendment No. 03BCC000008?Office of the Sheriff?2002 Local Law Enforcement
Block Grant Funds The Office of the
Sheriff submitted its on-line application for Durham County?s share of the 2002
Local Law Enforcement Block Grant (LLEBG) and received subsequent approval of a
$160,542.00 block grant award from the U.S. Department of Justice?Bureau of
Justice Assistance. The purpose of the
LLEBG Program is to reduce crime and improve public safety. The award can only be used in accordance
with the seven purpose areas described for this grant program. These
intergovernmental funds awarded to Durham County will be used for the purchase
of equipment for the Sheriff?s communications and general field deputies. The Sheriff established an Advisory
Board as specified by the grant, which met on September 12, 2002 to recommend
the proposed use for these funds. The
equipment to be purchased as suggested by the Advisory Board are as follows:
scuba equipment for Search & Recovery Team; updating protective gear for
SAC/NARC unit; server & hardware enhancements for the Sheriff's network;
protective equipment and supplies for Bomb Squad; video enhancement equipment
for Investigations; the addition of biohazard cleanup kits for patrol vehicles;
replacement of broken equipment and improvements at the Range; replacement of
protective equipment for the Range; addition of 2 radio channel frequencies;
replacement of radio phones; addition of accreditation software; addition of a
speed trailer and equipment to implement a drunk driving awareness
program. Such equipment and technology
will enhance and improve the law enforcement abilities of the Sheriff?s Office
and the County of Durham. One of the
special conditions of this grant award program is to conduct a public hearing
to receive public comment as to the use of these funds. This public hearing has been advertised in
the Durham Herald-Sun paper on September 15, 2002 and September 22, 2002 to
give proper notification. No
additional County funding is required and no subsequent year budget impact is
anticipated. The Office of the Sheriff
will provide the required grantee local cash match of $17,838.00 from its
current budget. The total appropriation
is for $178,380.00; the expenditures and revenue recognized is for $160,542.00
from the grant award. Resource
Person(s): Marcia Margotta, Sheriff?s Comptroller, and Chief Deputy
C. Wes Crabtree County
Manager's Recommendation: We congratulate the Sheriff on
applying for and receiving another Local Law Enforcement Block Grant to
continue these traditional improvements.
The Sheriff?s Office has traditionally used the LLEBG funds received the
last six years for improving and upgrading the agency?s equipment and
technological infrastructure. It is
recommended to conduct the public hearing to receive public comment, and then
approve the Advisory Board?s recommendation for the proposed use of the 2002
LLEBG award funds. Approve Budget
Ordinance Amendment 9. Public
Hearing?Centex Homes, Applicant (Rezoning Case P02-25) Centex Homes will
present to the Board of County Commissioners a request to rezone 133.3 acres located on the west side of Grandale
Drive, north of the Sedwick Road intersection, PIN 0727-01-36-7805 (TM
531-1-6). Request: RD
(Rural District) to PDR 2.1; F/J-B (Planned Density Residential-2.1 units/acre)
F/J-B. The proposal is in general
conformance with the small area plan.
Staff recommends approval citing general adopted plan conformance. The Zoning Committee of the Durham Planning
Commission conducted a public hearing on July 9, 2002 and voted 5-2 to
recommend denial, citing school enrollment and stormwater concerns. The
public hearing for this request was advertised on September 6 and 13, 2002 in
the Durham Herald-Sun. Resource Person(s): Frank
Duke, 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 upon public
comment. 10. Resolution for a Moratorium on
Executions in North Carolina Members from the faith community have requested that the
Board of Commissioners adopt a resolution supporting a moratorium on executions
in North Carolina. According to the
website published by People of Faith Against the Death Penalty, 19 local
governments in North Carolina, including the City of Durham, the Towns of
Chapel Hill, Cary, and Hillsborough, and Orange County, have adopted
resolutions. Resource
Person(s): Stephen J. Dear, Executive Director, People of Faith
Against the Death Penalty County
Manager's Recommendation: Receive the request and take
action as the Board deems appropriate. 11. Major Site Plan D02-236?Alexander
Village at Brier Creek The Board is
requested to approve a major site plan for a shopping center with 4 Resource
Person(s): Dennis E. Doty, Planner, and Frank M. Duke, Director County
Manager's Recommendation: The Manager?s recommendation is
that the Board hear the item and approve the site plan. 12. Request to Execute a Revocable License
Agreement with Durham Regional Hospital The Board is
requested to authorize the County Manger to execute a Revocable License
Agreement between the County of Durham and Durham Regional Hospital for the
purpose of utilizing 47,500 square feet of parking located on the North Side
Stadium Parking Lot for the purpose of providing overflow parking for nursing
students and hospital employees. Initial
authorization was given to the Durham County Hospital Corporation for use of
this property on November 22, 1989, via a letter written by Mike Turner,
Stadium Manager. Since that time, Durham County Hospital Corporation (now
Durham Regional Hospital) has installed additional lights, additional gravel,
and has continued to maintain the area at no expense to the County. During the past 12 years, there has been no
instance where use of this property has conflicted with Stadium operations. At a regular
meeting of the Durham County Stadium Authority on May 30, 2002, the Authority
requested that the County Attorney?s office clarify that the property in
question is a portion of the Durham County Stadium and the property of Durham
County. The Authority also requested
that a revocable license agreement be prepared for execution by both parties. On August 14, 2002, the Attorney?s office
presented the draft license agreement, and the Authority recommended the
agreement be forwarded to the Board for final authorization. The terms of
this license agreement shall become effective upon final approval and proper
execution by both parties and shall continue in full force and effect
thereafter until thirty (30) days after written notice from either party to
terminate. Resource Person(s): Michael
Turner, Director of General Services County
Manager's Recommendation: The County Manager recommends that
the Board authorize the execution of a Revocable License Agreement between the
County of Durham and Durham Regional Hospital for the use of 47,500 square feet
on the North Side Stadium Parking Lot for the purpose of providing overflow
parking for nursing students and hospital employees. 13. Board and Commission Appointments Garry E. Umstead,
CMC, Clerk to the Board, will distribute ballots to make appointments to the
following boards and commissions: ·
Adult Care Home Community Advisory
Committee ·
Alcoholic Beverage Control Board ·
Bicycle and Pedestrian Advisory
Commission ·
Community Child Protection
Team/Child Fatality Prevention Team ·
Industrial Facilities and Pollution
Control Financing Authority ·
Women?s Commission ·
Workforce Development Board Resource
Person(s): Garry E. Umstead, CMC, Clerk to the Board |
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