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REVISED The BOCC/School
Board meeting will end at 6:00 p.m. Item No. 10 (Closed
Session) will be held beginning at 6:00 p.m. THE BOARD OF COUNTY COMMISSIONERS DURHAM, NORTH CAROLINA August 25, 2003 AGENDA 4:00 P.M. ? 6:00
P.M. Joint
Session?Board of County Commissioners and Durham
Public Schools Board of Education _________________________ 6:00 P.M. Closed Session The Board of County
Commissioners is requested to adjourn to closed session pursuant to G.S.
143.318.11(a)(6) to consider a personnel matter. _______________________ 7:00 P.M. Regular Session 1. Opening of Regular Session?Pledge
of Allegiance 2. Agenda Adjustments 3. Minutes a.
May 29, 2003 Budget Worksession b.
July 28, 2003 Regular Session 3c. Presentation of Certificate of Merit Catherine C. Whisenhunt, Risk
Manager, will be presented a Certificate of Merit for helping to save a life
while at work. The Certificate of Merit
is the highest award given by the American Red Cross to an individual or team
of individuals who saves or sustains a life by using skills and knowledge
learned in an American Red Cross Health and Safety Services course. The certificate bears the signature of the
President of the United States, who is the honorary chairman of the American
Red Cross, and the signature of the chairman of the American Red Cross. Resource Person(s): Chuck
Kitchen, National Chairman, Awards and Recognition Committee, American Red
Cross County Manager?s Recommendation:
The County Manager recommends that the Board recognize and congratulate Cathy
Whisenhunt for her actions in saving the life of a fellow employee. 4.
Consent Agenda a. Property Tax
Releases and Refunds for Fiscal Year 03-04 (accept the property tax release and
refund report for the month of July as presented 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. 04BCC000004?Public Health?To Recognize Revenue for the
Environmental Health Division to Establish a c. Budget
Ordinance Amendment No. 04BCC000005?Public Health?To Recognize Revenue for the
Environmental Health Division (approve the budget ordinance amendment to
recognize $53,000 from the Department of Health and Human Services for the
childhood lead poisoning prevention program); d.
Budget Ordinance Amendment No.
04BCC000006?Public Health?To Recognize Revenue for the General Health Clinic
(approve the budget ordinance amendment to recognize $6,000 from the Department
of Health and Human Services for the bioterrorism preparedness program); e. Budget
Ordinance Amendment No. 04BCC000007?Public Health?To Recognize Revenue for the
Health Education Division to Establish a Full-Time Position for a Health
Educator I to Assist in Syphilis Elimination Efforts in Durham County (approve
the budget ordinance amendment to recognize $49,819 from the Department of
Health and Human Services for the Health Education Division); f. Budget
Ordinance Amendment No. 04BCC000008?Criminal Justice Resource Center, Reentry
Program (approve the budget ordinance amendment in the amount of $50,780 for
the Criminal Justice Resource Center); g.
Budget Ordinance Amendment No.
04BCC000010?Sheriff's Office?Recognize Revenue from Durham Public Schools and
Appropriate Expenditures for Six School Resource Officers (approve the budget
ordinance amendment to recognize $236,916 in revenue from DPS and requests
authorization to create six FTEs for the Sheriff's Office in accordance with
the Interlocal Agreement for School Resource Officers); h.
Street Annexation Petition?Vista Del
Rio (Riverbend Subdivision) (adopt the resolution to approve the addition of
Vista Del Rio to the state?s road maintenance system subject to the
certification of eligibility by the appropriate officials of the NC Department
of Transportation); and i. Approve
Agreement With Raleigh-Durham Airport Authority Celebrating 5. Public
Hearing?Text Amendment?Control of Demolition by Neglect of Historic Landmarks
and Historic Overlay Properties (TC03-05) This item is a Durham Zoning
Ordinance text amendment for Control of Demolition by Neglect of Historic
Landmarks and Historic Overlay Properties (TC03-05). The request is for the Board of County Commissioners to hold a
public hearing to receive public comments. Planning
Department Recommendation?Approval Zoning
Committee Recommendation?Approval (May 13, 2003; 6 to 0) Durham City
Council?Approved (June 17, 2003) Resource
Person(s): Frank M. Duke, AICP, Planning Director, Durham City-County
Planning Department County Manager?s Recommendation: The County Manager?s recommendation is that the Board approve text amendment TC03-05?Control of Demolition by Neglect of Historic Landmarks and Historic
Overlay Properties. 6. Public Hearing?Budget Ordinance
Amendment No. 04BCC000009?Office of the Sheriff?2003 Local Law Enforcement
Block Grant Funds The Office
of the Sheriff submitted its on-line application for Durham County?s share of
the 2003 Local Law Enforcement Block Grant (LLEBG) and received subsequent
approval of a $121,898.00 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 August 12, 2003 to
recommend the proposed use for these funds.
The equipment to be purchased as suggested by the Advisory Board
follows: crime analysis printer, 12 radios and multi-charger, Livescan (2),
computer equipment, boat team equipment, and K-9s and equipment. Such equipment and technology will enhance
and improve 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 was advertised in the
Durham Herald-Sun on August 17, 2003 and August 24, 2003 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
$13,544.00 from its current budget.
The total appropriation is for $135,442.00; the expenditures and revenue
recognized is for $121,898.00 from the grant award. 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. Resource
Person(s): Marcia Margotta, Comptroller, Sheriff?s Office, and Chief
Deputy C. Wes Crabtree, Sheriff?s Office County
Manager?s Recommendation: The County Manager recommends that
the Board conduct the public hearing to receive public comment, approve the
Advisory Board?s recommendation for the proposed use of the 2002 LLEBG award
funds, and approve the budget ordinance amendment to accept grant funding and
appropriate program spending.
Congratulate the Sheriff on applying for and receiving another Local Law
Enforcement Block Grant to continue these traditional improvements. 7. Resolution Providing for Four-Year
Terms of Office At the August 4, 2003 Worksession, the
Commissioners directed that a resolution be prepared which provides for the
Board of County Commissioners to be elected to four-year terms of office. The resolution provides for this alteration
and calls a referendum on this proposed alteration. If approved by the voters,
the four-year terms would be effective for the 2004 primary and general
election. Durham is only one of three counties
which has two-year terms for its board of commission members. Mecklenburg County is the only other urban
county which has two-year terms, and Mecklenburg does not elect all of its
members at-large. Resource Person(s): Chuck
Kitchen, County Attorney County Manager?s Recommendation:
The County Manager recommends that the Commissioners approve the resolution to
give the voters an opportunity to vote on four-year terms of office for the
Board of County Commissioners. 8. Contract with Applied Systems
Technology Inc. for an Integrated Security and Control System The Board is requested to authorize
the County Manager to enter into a contract with Applied Systems Technology to
complete the final phase (Phase Two) of the security/surveillance project at
the Durham County Detention Center, not to exceed $926,245. Phase One was
approved on May 29, 2003. The total project cost is $1,273,750. Phase Two will address the detention
pod cell doors, intercom system, all video cameras, video recording system,
watch tour system, associated consoles, and access control system. Currently,
Phase One is not complete but is progressing well and is on schedule. This
request is to authorize the current contractor to complete the full system as
outlined at the 29 May meeting. The timeline is projected to be an additional
6-month period beginning at the end of Phase One. The Durham County
Detention Facility was originally built in the mid 1990s. Every automated system in the Detention Facility is
crucial to the safety of the Durham County Detention staff, visitors, and
inmates. These systems are failing at an alarming rate due largely to outdated
hardware failures and software corruption. The automated systems
are integrated in such a way that prohibits short-term repairs. Liability
regarding the safety of the inmates, primarily fire hazards, is a major concern
with the automated system in its present state. Durham County bid
this project out on two separate occasions with no response. Since the last
bid, the automated systems continued to fail to the point that safety of the
inmates was in jeopardy. Pursuant to N.C.G.S. 143-129(e)(2), the Board of
Commissioners declared that a special emergency involving the health and safety
of the people and their property existed at the Detention Facility, and due to
such circumstances, the requirements of the County?s bidding policies and state
statutes related to bidding were therefore inapplicable. Applied Systems
Technology Inc., based out of Morrisville,
provided a Phase One proposal for the installation of an integrated security
and control system in the Detention Facility. Its system was designed to
provide the following functions: (i) engineering; (ii) detention and door control for 12-cell pod sally-port doors, fire escape doors, and
movement sally-port doors; and (iii) the network backbone (which included the
central database server for the workstations and network controllers). The work
and associated costs described in Applied System Technology?s proposal included
engineering, programming, installation labor, installation materials,
automation panels, start-up, and owner training as necessary. This
project will provide the County an immediate, long-term cure for the jail safety failures
that are occurring at this time. This project is a large-scale
renovation and upgrade of the automated door control and security/surveillance
system and was included in the Manager?s FY 2003/04 Budget. The funding is
allocated in the General Services, Jail M&R line item. The time line for
Phase One was approximately three months at a cost not to
exceed $347,505, which came from the general fund balance. Only the
emergency needs were addressed due to the budget constraints. Resource
Person(s): Don Hasselbach, General Services; Rudy Clark, ARAMARK; Wes
Crabtree, Chief Deputy; and Carolyn Titus, Deputy County Manager County Manager?s Recommendation:
Authorize the County Manager to enter into a contract with Applied Systems
Technology Inc, for Phase Two of the security/surveillance project in an amount
not to exceed $926,245 from available funding in General Services? Maintenance
& Repair Jail budget. 9. Sewer Use Ordinance Amendments The Board is
requested to approve amendments to the Sewer Use Ordinance, which was adopted
by Durham County in 1994 and amended in 1995.
It is contained in the Durham County Code of Ordinances, Chapter 26,
Section IV. As stated in the Purpose
and Policy, Section 26-81, the Sewer Use Ordinance ?sets forth uniform
requirements for direct and indirect contributors into the wastewater
collection and treatment system for the County and enables the County to comply
with all applicable state and federal laws, including the Clean Water Act (33
United States Code § 1251 et seq.) and the General Pretreatment Regulations (40
CFR, Part 403)." The proposed
amendments include: ·
establishment of a local limit for
mercury; ·
monitoring charge revisions related
to mercury testing (EPA Method 1631); ·
increase the maximum daily civil
penalty; ·
revisions to the adjudicatory
hearing process; and ·
a revised definition of ?Director". The proposed
effective date is September 1, 2003, to correspond with a new mercury testing
method required by the Division of Water Quality. Resource
Person(s): Glen Whisler, P.E., County Engineer; Lowell Siler, Deputy
County Attorney; Chuck Hill, P.E., Utility Division Manager; and Bruce
Nicholson, Senior Regulatory Specialist, Woodard & Curran County
Manager?s Recommendation: The County Manager recommends that
the Board approve the proposed amendments to the Sewer Use Ordinance. 10. Durham City/County Interlocal Cooperation Agreement
for Planning The Interlocal
Cooperation Agreement between the City and County for planning functions has
been revised. The revisions reflect the
changes agreed upon by the Joint City-County Committee members at their June 24
meeting. The Planning
Department recommends that the Board approve the Interlocal Cooperation
Agreement for Planning. Resource Person(s): Frank M.
Duke, AICP, Durham City-County Planning Director County Manager?s
Recommendation: The County Manager recommends that
the Board approve the Interlocal Cooperation Agreement for Planning. 11. Resolution on Appointments to Boards and Commissions At the City-County Committee meeting,
an agreement was reached to shorten from Resource Person(s): Chuck
Kitchen, County Attorney County Manager?s Recommendation:
The County Manager recommends that the Board approve the change in the policy
in accordance with the agreement reached at the City-County Committee meeting. 12. Request for Funding for Durham
Literacy Council The Durham
Literacy Council has renewed its request for $32,500 to provide Pre-GED and GED
instruction and work readiness for 90 out-of-school youth between the ages of
16 and 18. Youth will attend classes
and tutoring/computer sessions for a total of 16 hours a week. The program will focus on building reading
comprehension and basic math skills in order to complete and pass all five GED
tests. Students will also participate
in computer literacy and career development workshops. The
structure of the program will require a signed contract by the youth and the
custodial parent(s). The contract will
impose strict attendance and behavior requirements, as well as incentives for
student attendance. Each parent and
custodial parent must participate in an orientation and sign the contract
together. All youth
enrolled in the Youth GED Program will be required to document academic
improvements and also must simultaneously participate in job training, have a
job, and/or paid internship. Resource
Person(s): Lucy Haagen, Executive Director, Durham Literacy Council County
Manager?s Recommendation: The County Manager recommends that
the request be approved. |
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