REVISED

(The addition of a Closed Session)

 

THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

 

Monday, August 9, 2004

 

AGENDA

 

4:00 ? 6:30 P.M.

 

Closed Session?Personnel Matters

 

The Board of County Commissioners will adjourn to Closed Session to evaluate the following employees pursuant to North Carolina General Statute 143-318.11(a)(6):

 

               4:00 p.m. to 4:30 p.m.          Tax Administrator Kenneth Joyner

               4:30 p.m. to 5:00 p.m.          Sheriff Worth Hill

               5:00 p.m. to 5:30 p.m.          Register of Deeds Willie Covington

               5:30 p.m. to 6:00 p.m.          County Attorney Chuck Kitchen

               6:00 p.m. to 6:30 p.m.          Clerk Garry Umstead

_______________________

 

7:00 P.M. Regular Session

 

1.     Opening of Regular Session?Pledge of Allegiance                                                                        5 min.

 

2.     Agenda Adjustments                                                                                                                    5 min.

 

3.     Minutes                                                                                                                                        5 min.

 

a.    June 1, 2004 Budget Worksession

        b.  July 26, 2004 Regular Session

 

4.     Resolution Honoring the Life of Dr. Charles DeWitt Watts

                                                                                                                                                             5 min.

Dr. Charles DeWitt Watts, a pioneering African-American surgeon, former vice president and medical director of North Carolina Mutual Life Insurance Company, and founder of Lincoln Community Health Center, passed away on July 12, 2004.  A resolution has been prepared honoring his life, accomplishments, and the extraordinary service he generously rendered to this community.

 

County Manager?s Recommendation: Approve the resolution and forward a copy to the family of Dr. Charles DeWitt Watts.

 

5.     Consent Agenda                                                                                                                           25 min.

 

a.          Budget Ordinance Amendment No. 05BCC000005?Criminal Justice Resource Center, Community Based Corrections?Reduction in Revenue and Personnel Cost Associated with Durham Drug Treatment Court Contract (approve to reduce the agency?s budgeted revenue and corresponding personnel expense line by $12,538);

b.          Approve EMS Laundry Service Contract with Angelica Textile Services (approve the contract award for $44,928);

c.          Contract Approval for CJRC??A New Day" Juvenile Day Reporting Center with Bethesda Family Services Foundation (Contract Amount $25,000) (approve the contract);

d.          To set a Public Hearing to Close East and West Institute Drive (SC04-04) (adopt the resolution and set the public hearing for August 23, 2004);

e.          Contract Award for Elevator Maintenance on County Buildings (authorize the Manager to enter into a contract for elevator preventative maintenance services with Southern Elevator Company in the amount of $58,524, plus additional ?On-Call" elevator services at the quoted hourly rate; extend the contract terms for additional one-year periods, not to exceed four consecutive years);

f.            Memorandum of Agreement Between Durham Technical Community College and County of Durham (agree to the memorandum of agreement for the use of the County?s Firing Range in the BLET curriculum);

g.          Durham County ABC Board Service Agreement (approve the proposed service contract for basic maintenance services for $25,840.20, plus compensation for additional repair services as requested);

h.          Approval of Construction Contract for Renovation of Criminal Justice Resource Center (formerly Jail Annex Johnson Motor Company Building) (authorize execution of a contract with D.W. Ward Construction Inc. for $383,488 and execution of any change orders or related contracts);

i.            Advancement of Revaluation Date (adopt the resolution from the Tax Administrator advancing the revaluation to January 1, 2007);

j.      September 7 Worksession (approval for the September Worksession to convene at 1:30 p.m.);

k.     Alston Village (Falls Pointe Apartments) Refunding (approve the two resolutions);

l.      Approval of Federal Grant Offer to the Raleigh-Durham International Airport (accept the Grant Offer); and

m.    County Initiative for the $100,000 HOME Investment Partnership Funds (approve the proposal submitted by The Durham Center).

 

6.     Public Hearing and Budget Ordinance Amendment No. 05BCC000004?Office of the Sheriff?2004 Local Law Enforcement Block Grant Funds

                                                                                                                                                            15 min.

The Office of the Sheriff submitted its on-line application for Durham County?s share of the 2004 Local Law Enforcement Block Grant (LLEBG) and received subsequent approval of a $67,335 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 July 15, 2004 to recommend the proposed use for these funds.  The equipment to be purchased as suggested by the Advisory Board are as follows: Network Security Software, HDU Training (bomb squad?Redstone, AL), Surveillance Equipment (SAC/NARC), Multi-Media Projectors (Gang Unit), Range Improvements, Bar Coding System (asset inventory & evidence collection/storage), Digital Movie Camera (Bull City Streets), Dialogue Projector/Teleprompter (Bull City Streets), POPAT Upgrades, and Crisis Negotiations Training.  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 was advertised in the Durham Herald-Sun newspaper on August 1, 2004 and August 8, 2004 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 $7,482.00 from its current budget.  The total appropriation is for $74,817.00; the expenditures and revenue recognized is for $67,335.00 from the grant award.

 

Resource Person(s):   Marcia Margotta, Sheriff?s Comptroller; Chief Deputy C. Wes Crabtree

 

County Manager?s Recommendation: The Manager?s recommendation is that the Board 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 eight years for improving and upgrading the agency?s equipment and technological infrastructure.  It is recommended that the Board conduct the public hearing to receive public comment, approve the Advisory Board?s recommendation for the proposed use of the 2004 LLEBG award funds, and approve Budget Ordinance Amendment
No. 05BCC000004 to accept grant funding and appropriate program spending.

 

7.     Public Hearing?Doc Nichols Road Tract (P04-09)

                                                                                                                                                            30 min.

        R. L. Horvath Associates Inc. will present the Board of Commissioners with a request to rezone a 288.13-acre site located on the east side of Doc Nichols Road between Olive Branch Road and Leesville Road from RD to PDR 3.39.  PIN0769-01-19-6484; 0860-03-11-5310; and --32-3006.  The proposal is in conformance with the small area plan.  Staff recommends approval based on consistency with the adopted plan and conformity with technical requirements.  The Zoning Committee of the Durham Planning Commission conducted a public hearing on June 8, 2004 and voted 7-0 to recommend denial, based primarily on the density requested.

 

        The public hearing for this request was advertised on July 23 and 30 in the DurhamHerald-Sun.

 

Resource Person(s): Frank M. Duke, AICP, City-County Planning Director

 

County Manager?s Recommendation: The County Manager recommends approval.

 

8.     Public Hearing?Plan Amendment A04-08?Junction Road Property

                                                                                                                                                            15 min.

Hold a public hearing and receive public comment on A04-08 amending the Northeast Durham Plan and adopt a resolution amending the Plan.

 

Planning Department Recommendation - Approval

Planning Commission Recommendation - Denial (4/28/03 ? 6 to 5)

 

Resource Person(s): Frank M. Duke, Planning Director

 

County Manager?s Recommendation: The Manager recommends that the Board conduct a public hearing and, if appropriate based on the comments received, approve Plan Amendment A04-08.

 

9.          Closed Session

                                                                                                                                                            30 min.

The Board of Commissioners is requested to adjourn to closed session to consider the competence, performance, or fitness of a public officeror employee pursuant to G.S. § 143-318.11(a)(6).

                                                                                                                                                            ______

                                                                                                                                                            2¼ hrs.