REVISED
(Closed Session Item No. 15)
NOTE: Meeting begins at 7:30 p.m.
THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, December 12, 2005
AGENDA
?Public Charge?
The Board of Commissioners
asks its members and citizens to conduct themselves in a respectful, courteous
manner, both with the Board and fellow citizens. At any time, should any member of the Board
or any citizen fail to observe this public charge, the Chairman will ask the
offending person to leave the meeting until that individual regains personal
control. Should decorum fail to be
restored, the Chairman will recess the meeting until such time that a genuine
commitment to the public charge is observed.
As a courtesy to others, please turn
off cell phones during the meeting.
7:30 P.M. Regular Session
1. Opening
of Regular Session?Pledge of Allegiance
5 min.
2. Agenda Adjustments 5 min.
3. Announcements
5 min.
4. Minutes
5 min.
a. August 29, 2005
BOCC/City Council
b. November 28, 2005 Regular Session
5. Resolution
for ?The Bill of Rights Defense Committee?
5 min.
The
Durham Bill of Rights Defense Committee (BORDC) was
founded in January 2003 to work for maintaining constitutional civil rights and
liberties in the face of the USA PATRIOT Act.
The organization joined the nationwide effort to pass local resolutions
to protect human and civil rights, and succeeded in passing two resolutions in
the fall of 2003 (County Commission in September and City Council in
October). Since then they have been
active in education and advocacy for voting rights and against torture. In December 2004, the Board approved a
resolution affirming its support for the Bill of Rights. Members of the group have requested that the
Board reaffirm its support of civil rights and liberties guaranteed by the Bill
of Rights by approving the resolution.
Resource Person(s): Joan Walsh and Jim Senter
representing the Durham Bill of Rights Defense Committee
6. Recognition of Leaders of the Interfaith
Hurricane Relief Task Force
5 min.
Following Hurricane Katrina, Durham County Commissioner
Michael Page suggested coordinating with the faith community to provide a
comprehensive assistance program for families displaced by the gulf coast storm
who relocated to the Durham Community. The
Interfaith Hurricane Relief Task Force was formed to work with Durham County
Government and the Red Cross to meet the needs of families and individuals
relocating to this area. The initiative,
representing more than 125 congregations from many denominations and faith
traditions, is led by Rev. James Smith of Mt. Calvary
Baptist Church
and Rev. Joe Harvard of First Presbyterian Church. A resolution of appreciation has been
prepared for each of them.
Resource Person(s):
Commissioner Michael D. Page
6a. Recognize Kevin McDonald for his Support
of the Durham County Katrina
Relief Effort
5 min.
Following Hurricane Katrina, Durham County
employees and citizens donated a truckload of supplies to Jackson County,
Mississippi, a community hard hit by the storm.
Specifically, several employees made the journey to deliver a 48-foot tractor-trailer
load of goods to Pascagoula,
Mississippi.
Mr. Kevin McDonald, Executive Director of TROSA, donated the tractor-trailer to make the journey and
additionally donated much needed medical supplies. A resolution has been prepared to honor his
extreme generosity.
Resource Person(s):
Mike Ruffin, County
Manager
7. Recognize
Durham County
Employees who Transported Supplies to Jackson County,
Mississippi
5 min.
Following Hurricane Katrina, Durham County
employees and citizens donated a truckload of supplies to Jackson County,
Mississippi, a community hard hit by the storm.
Specifically, several employees made the more than 1400-mile journey to
deliver a 48-foot tractor-trailer load of goods to a local distribution center
in Pascagoula, Mississippi.
The Board of County Commissioners will present certificates
to those employees who provided assistance and delivered the supplies to Mississippi in early
September.
Resource Person(s): Mike Ruffin, County Manager
8. December
Anchor Award Winner?Winnie Breeden
5 min.
Winnie Breeden, a former Durham County social worker
who came out of retirement to assist individuals and families displaced by
Hurricane Katrina, was selected to receive the December Anchor Award. Ms. Breeden was recognized for this honor
because of superior work, particularly for her diligent and seemingly
never-ending efforts.
· Ms. Breeden put forth maximum effort
to assist displaced citizens. She worked
nights, weekends, and was available 24 hours a day, seven days a week for 3
months.
· Ms. Breeden helped over 300
displaced individuals in Durham
County
find employment, housing, and other essentials.
She made it a point to respond to requests in less than 24 hours.
Chairman Ellen Reckhow will lead the presentation.
Resource Person(s): Carolyn Titus
County Manager?s Recommendation: The Manager recommends that the December
Anchor Award be presented to Ms. Winnie Breeden along with congratulations of
the entire organization.
9. Triangle
Wastewater Treatment Plant?EDGE Award
5 min.
The
Triangle Wastewater Treatment Plant (TWWTP) Upgrade
and Expansion Project received a 2005 EDGE Award for the project that best
exemplifies environmental sensitivity.
The EDGE Awards are presented by the Triangle Business Journal and
recognize excellence in the design, general contracting, engineering, and
landscape contracting industries.
With
completion of Phase II of the TWWTP improvements, the
treatment capacity was increased from 6 mgd (million
gallons per day) to 12 mgd. The five-stage biological treatment process
provides a high level of treatment and significantly reduces the discharge of
nutrients (phosphorous and nitrogen) from the plant. This is important because the plant
discharges to Northeast Creek, a tributary of Jordan Lake.
Phase I of
the project provided a new influent pump station at the plant site and
ultraviolet disinfection to replace chlorination for disinfection. UV is a non-chemical disinfection process
that does not produce toxic side effects.
A unique
feature of the project is the use of sustainable design for the Administration,
Laboratory, and Maintenance
Building. Several environmentally friendly elements
were utilized in the project, including:
·
the use of reclaimed water for the HVAC system and
the toilets to reduce potable water use;
·
digital lighting controls and occupancy sensors to
save energy in the lighting systems;
·
roof materials that lower solar energy absorption to
reduce cooling costs;
·
reflective interior wall surfaces to use more energy
efficient lighting;
·
the use of recycled materials, such as concrete
blocks, doors, windows, carpet, ceiling tiles, and vanity tops to conserve
natural resources;
·
the acquisition of regionally manufactured materials
to minimize shipping costs and impacts; and
·
the diversion
of 86% of the construction, demolition, and land clearing waste to uses other
than landfill.
The
Engineering Department is pleased to announce the receipt of this award to the
Board.
10. Triangle Wastewater Treatment Plant
? LEED Certification
5 min.
The administration, lab, and
maintenance facility completed as part of the Phase II improvements at the
County?s Triangle Wastewater Treatment Plant has received a LEED
certified rating from the U.S Green
Building Council. The LEED (Leadership in Energy and Environmental Design) Green
Building Rating System is the national standard for developing
high-performance, sustainable buildings.
LEED was created to:
·
define "green building" by establishing a common
standard of measurement
·
promote integrated, whole-building design practices
·
recognize environmental leadership in the building industry
·
stimulate green competition
·
raise consumer awareness of green building benefits
·
transform
the building market
LEED provides a complete framework for
assessing building performance and meeting sustainability goals. Based on well-founded scientific standards, LEED emphasizes state of the art strategies for sustainable
site development, water savings, energy efficiency, materials selection, and
indoor environmental quality.
Sustainable
design features in the new administration building include:
- The use of reclaimed water for the HVAC system
and the toilets;
- CFC reduction in HVAC equipment;
- Digital lighting controls and occupancy
sensors;
- Tubular skylights for natural lighting;
- Roof materials and color that lower solar
energy absorption;
- Roof overhang on southern exposure;
- Reflective interior wall surfaces to allow more
energy efficient lighting;
- Use of recycled materials, such as concrete
blocks, doors, windows, carpet, ceiling tiles, and vanity tops;
- Low VOC paints, adhesives, and sealants;
- Certified wood products from sustainable
forests;
- Storage and collection of recyclables;
- The acquisition of regionally manufactured
materials; and
- Diversion of 86% of the construction,
demolition, and land clearing waste from the landfill.
This is the first County building to
achieve this rating and is consistent with the Engineering Department?s
performance measure to incorporate sustainable design in the implementation of
CIP projects. The Engineering Department is pleased to announce the receipt of this
certification to the Board.
11. Consent Agenda 20
min.
a. Durham Board of County Commissioners?
2006 Meeting Schedule (approve the schedule as presented);
b. Standard Non-Reimbursable Utility
Contract for the Extension of the County
Sanitary Sewer System (authorize execution of the contract with TMC Associates, LLC for this addition to the County sanitary sewer system);
c. Sheriff's Office?Budget Ordinance Amendment No. 06BCC000029?Recognize
Revenue from the Bureau of Justice Assistance (BJA)
(approve to authorize the Sheriff's Office to accept the award in the amount of
$82,967);
f. Approval of the US 15-501 Transit Corridor
Memorandum of Agreement (discussed at the December 5 Worksession);
g. Appoint
Dr. Andrew Rothschild to the Cultural Master Plan Advisory Board due to the
recent resignation of Mr. John Mallard;
h. Nonprofit Agency Funding Policy Revision
(adopt the revised Nonprofit Agency Funding Policy); and
i. Amendment
to Audit Contract (approve an extension of the audit
contract to December 31, 2005 and authorize the Chairman to execute the
required documents).
12. FY 2006-2007 Consolidated Action Plan
Needs Public Hearing
15
min.
The City of Durham
Department of Housing and Community Development requests that the Board of County Commissioners
hold the FY 2006-2007 Consolidated Action Plan Needs public hearing on December
12, 2005 to receive citizen comments. The Citizen
Participation Plan contained in the adopted Durham 2005-2010 Consolidated Plan
requires that two (2) public hearings be held prior to the submission of the
Annual Consolidated Action Plan to the U.S. Department of Housing and Urban
Development (HUD). The purpose of the
first public hearing is to receive citizen comments on how City-County HOME Consortium funds can be used to address
housing needs in Durham.
Durham anticipates receiving approximately
$1,300,000 in FY 2006-2007 HOME Consortium funds from HUD. In previous years, HOME Consortium funds have
been used primarily for housing activities in Durham with special focus in target
neighborhoods, including existing homeowner rehabilitation and new homebuyer
rehabilitation activities. Approximately
$275,000 in non-federal funds will be needed from the HOME Consortium as a
matching funds requirement of the FY 2006-2007 HOME program.
Mike Barros, Director of the City of Durham Department of
Housing and Community Development has reviewed this request and recommends that
the Board of County Commissioners hold the FY 2006-2007 Consolidated
Action Plan Needs public hearing on December 12, 2005
Resource
Person(s): Bruce
Warrington, Federal Program Coordinator, City of Durham Department of Hosing
and Community Development
County Manger?s Recommendation: The Manager?s recommendation is
that the Board hold the FY 2006-2007 Consolidated
Action Plan Needs public hearing to receive public comment.
14. Board
and Commission Appointments
10
min.
·
Adult
Day Care Home Community Advisory
·
Animal
Control Advisory Board
·
Community
Child Protection Team/Child Fatality Prevention Team
· Criminal Justice Partnership Act
Advisory Board
· Open Space and Trails Commission
· Public Health Board
15. Closed
Session
45
min.
The Board of Commissioners
is requested to adjourn to closed session to instruct the staff concerning the
position to be taken in negotiating the material terms for the acquisition of
two real properties pursuant to G.S. §
143-318.11(a)(5). The two
properties are: 247 S. Mangum owned
by U-Haul Real Estate Company and 306
S. Roxboro Street owned by Scarborough and Hargett
Funeral Home 50 acres located on the west side of South Lowell Road
owned by Sean P. and Kristi Scully.
In addition, 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).
16. Resolutions Authorizing Condemnation
for Courthouse
5 min.
The Board of
Commissioners is requested to pass two resolutions authorizing condemnation
(use of eminent domain powers) of property for a new courthouse and related
parking. The two parcels involved are
owned by Scarborough and Hargett
Funeral Home, Inc. and AREC 3, LLC (U-Haul). The property is located immediately south of
the existing Durham County Jail. In
fact, a new courthouse facility was planned for placement on these two parcels
at the time the Jail was constructed. A
tunnel to connect the Jail with the proposed courthouse facility was planned at
the time. This would greatly facilitate
the transfer of prisoners to court and provide a large measure of safety for
both the Sheriff?s deputies and the prisoners.
While
County staff has tried to negotiate a reasonable purchase price for the two
properties, these negotiations have proven fruitless. The next step to secure the property is the
use of eminent domain procedures as set forth in the General Statutes. If the resolutions are passed, the County Attorney?s
Office will institute an action to condemn the property. The fair market value of the properties as
determined by independent appraisals will be deposited with the court when the
actions are filed.
County Manager?s Recommendation: Approve the two resolutions on
separate votes so that the acquisition of the properties for the new courthouse
can proceed.
_________
2˝ hrs.
