THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, October 25, 2004
AGENDA
7:00 P.M. Regular Session
1. Opening
of Regular Session?Pledge of Allegiance
2. Agenda
Adjustments
3. Minutes
a. September 13, 2004
Special Session
b. October 11, 2004
Regular Session
4. Proclamation?Operation Breakthrough
Operation
Breakthrough Inc., the local Community Action Program, has been serving Durham County
residents since 1964. The Chairman of the Board of County
Commissioners has been asked to proclaim November 18 as Operation
Breakthrough?s 40th Anniversary Celebration in Durham County.
County Manager?s Recommendation: The Manager recommends that the
proclamation be presented to Frank Johnson, Interim Executive Director, Operation Breakthrough.
5. Proclamation
for Grief Awareness Week, November 2-8, 2003
November 2-8 is Grief Awareness Week. Representatives of the Duke Community
Bereavement Services requests that the attached proclamation be issued. Helen Poole, Director of Major Gifts, Marketing and
Development for Duke Health Community Care, will accept the proclamation on behalf of the organization.
County Manager?s Recommendation: The Manager recommends that the
Board approve the proclamation and present to Ms. Poole.
6. Proclamation for Animal Shelter
Appreciation Week
The
week of November 7- 13 is
National Animal Shelter Appreciation Week.
The Chairman of the Board of County Commissioners has been asked proclaim
the week as Animal Appreciation Week in Durham County.
County Manager?s Recommendation: The Manager recommends that the
Board approve the proclamation and present to staff.
7. Proclamation
for Home and Hospice Care Month
November is National Home Care and Hospice Month. Helen Poole, Director of Major Gifts,
Marketing and Development for Duke Health Community Care has
requested that the Chairman of the Board of County Commissioners proclaim the
month of November as Home and Hospice Care Month in Durham County. Ms. Poole will accept the proclamation.
County Manager?s Recommendation: The Manager recommends that the
Board approve the proclamation and present to Ms. Poole.
8. Consent
Agenda
a. Property
Tax Releases and Refunds for Fiscal Year 2004-05 (August);
b. Contract with Tax Management Associates
Inc. (to conduct audits; amount not to exceed $200,000);
c. Change in Durham County Fixed (Capital)
Asset Policy (approve the amendments as recommended by the Finance Department);
d. Interlocal Agreement?City-County Appearance Commission;
g. Budget Ordinance Amendment No.
05BCC000017?Fire Marshal/Emergency Management?FY 2004 State Homeland Security
Grant Program Funding ($438,522
received through the NC Department of Crime Control and Public Safety for
expenditure in FY 2004-2005);
h. Budget Ordinance Amendment No.
05BCC000018?Public Health (recognize revenue from Duke University
Medical Center
for $102,497.00 to establish and hire Nutritionist III andHealth
Education Specialist);
i. Work
First Block Grant Plan for 2005-2007; and
j. Modification to the Copier Management
Service Contract (authorize the Manager to modify the contract with Commercial
Equipment Inc. (CEI) to a five-year contract with no renewal options and
authorize contract modification based on usage within budget appropriations).
9. Tolling
and Accounting Order to Extend the Review Period for Time Warner Cable?s 2004
FCC-1240, 1235, 1205 Rate Filing Through January 2005
On October 1, 2004, Time Warner
Cable submitted an FCC-1240 Updating Maximum Permitted Rates filing, FCC-1205
Determining Regulated Equipment and Installation costs, and FCC-1235 cost of
Service Filing for Cable Network Upgrades for Regulated Cable Service with the
County of Durham, Time Warner Cable's filing includes actual and estimated costs it may incur during the projected
period January -December 2005, along with previous expenses from the "true
up" period October 2003 - September 2004.
The Federal Communications
Commission has promulgated ratemaking procedures that allow cable operators to estimate future external costs, and
costs associated with system upgrades, and recover those projected costs
utilizing the FCC-1240 filing process, performed annually.
The County of Durham
is certified with the FCC to regulate basic cable service, equipment and
installation rates, and services within Durham County.
The FCC-§76.933 grants franchise
authorities the ability to toll the time in which to review rate filings
submitted by cable operators, extending the period of review from the initial
30 days, to an additional 90 days (120 days total) past the original date of
receipt by the franchise authority.
Durham County?s
Cable Consultant, Bob Sepe, Action Audits, LLC has
suggested that the Board toll the period for review.
The time period in which Durham County
will have to review Timer Warner Cable?s FCC-1240 rate filing will be tolled 90
days past the original 30 days (120 days total) allowed by the FCC, extending
the total review period deadline.
10. Major Site Plan?CCB-Bethesda (D04-278)
Duane K.
Stewart and Associates, on
behalf of Central Carolina Bank and Trust Company, has submitted a major site plan for additions totaling 834 square
feet to an existing bank on a 1.305-acre site, zoned GC and F/J-B, including a landscape
modification for street trees greater than 25 feet from the right of way and
more than 100 feet apart along U.S. Hwy. 70, due to the dedication of a
sanitary sewer easement. The property is located at the northwest
corner of U.S. Hwy. 70 and Mineral
Springs Road.
(PIN 0840-04-80-0930)
Resource Person(s): Frank M. Duke, AICP, Planning Director
County Manager?s Recommendation: The Manager?s recommendation is
that the Board receive the presentation and approve
the site plan, if appropriate, based on compliance with the ordinance.
11. Board
and Commission Appointments
·
Adult
Care Home Community Advisory Committee
·
Alcoholic
Beverage Control Board
·
Cable
TV Advisory Board
·
Community
Child Protection Team/Child Fatality Prevention Team
·
Criminal
Justice Partnership Act Advisory Board
·
Durham Board of Adjustment
·
Durham Library Board of Trustees
·
Durham Workforce Development Board
·
Historic
Preservation Commission
·
Industrial
Facilities and Pollution Control Financing Authority
·
Juvenile
Crime Prevention Council
·
Open
Space and Trails Commission
·
Raleigh-Durham Airport Noise Abatement Committee
·
Women?s
Commission
12. Closed
Session
The Board is requested to adjourn to
closed session to discuss matters relating to the location or expansion of
business or industry pursuant to G. S. 143-318.11(a)(4) and to consider the performance
of an individual public officer or employee pursuant to G.S. 143.318.11(a)(6).