THE BOARD OF COUNTY
COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, June 25,
2001
AGENDA
5:00 P.M.
Closed Session
5:00
p.m.-5:20 p.m. ? Sheriff
5:20
p.m.-5:40 p.m. ? Register of Deeds
5:40
p.m.-6:00 p.m. ? Tax Administrator
6:00
p.m.-6:20 p.m. ? County Attorney
6:20 p.m.-6:40
p.m. ? County Manager
________________________
7:00 P.M.
(The
meeting began at 7:25 p.m.)
1. Opening
of Regular Session?Pledge of Allegiance
2. Agenda
Adjustments
Renewal of Excess Liability Insurance was added as Consent Agenda
number 5(p).
Consent
Agenda item 5(c) was pulled for a later meeting (July 2, 2001).
Item 8 was
pulled for the meeting of July 2, 2001.
An item
was added to address the recent bear-shooting incident in a residential
neighborhood.
Commissioner Cousin moved, seconded
by Commissioner Heron, to excuse Vice-Chairman Reckhow from the July 2, 2001
meeting. (She has been chosen to
accompany a group studying transportation in several European cities.)
The
motion carried unanimously.
3. Minutes
a. April 30,
2001 Joint BOCC/City Council/DPS Board of Education Meeting
b. May 14, 2001
Regular Session
c. May 31, 2001
Regular Session
d. June 4, 2001
ABC Board Hearing
Commissioner Bowser moved, seconded
by Vice-Chairman Reckhow, to approve the minutes as submitted.
The motion carried unanimously.
4.
Recognition of 22 Years of Service by Gussie Stubbs
Cooperative
Extension requests the Board of County Commissioners recognize Mrs. Gussie M.
Stubbs, Expanded Food and Nutrition Program Assistant, for 22 years of
dedicated service to lower income families with children in Durham County. Mrs. Stubbs, while employed through
Cooperative Extension, is not a County employee and is thus ineligible for
county recognitions. She has visited
the homes of thousands of families in Durham County over the past years
teaching women and men to prepare healthy meals for their children, maintain
good eating habits, and get the most from their food stamps, WIC vouchers, and
money. Conducting classes in homes,
community centers and shelters, families have not only learned to prepare and
eat new food items, but also learned to work with others to reach their goals.
Mrs. Stubbs retired on June 1, 2001
after 22 years of service to Durham County through the federally funded
Expanded Food and Nutrition Education Program.
The program serves low-income families in 30 counties in North Carolina
focusing on improving the diets of pregnant women and families with young
children.
Cooperative
Extension will provide a plaque for presentation to Gussie Stubbs by the Board.
County Manager?s Recommendation: The
Manager recommends that the Board recognize Gussie Stubbs for 22 years of
service to Durham County families with young children and her dedication to
improving their health through diet.
The
Commissioners recognized Ms. Stubbs for her service to Durham County families
over 22 years through the County?s
Cooperative Extension Department.
5.
Consent Agenda
a. Additional
Triangle Transit Authority Registration Tax (support $4 increase in vehicle
registration tax in 2004 to support expansion of regional bus service);
b.
Acceptance of $2,066,527 Grant Offer
from FAA for Surface Movement Guidance and Control System and Installation of
Lights for one of the runways at Raleigh-Durham Airport (approve the grant so
that the funds may be received from the FAA for this Raleigh-Durham Airport
project);
c. PULLED---Office of the Sheriff?Lease for Parkwood
Volunteer Fire Department (authorize the execution of a new five-year lease
agreement beginning July 1, 2001 and terminating on June 30, 2006 between the
County and Parkwood Volunteer Fire for the Sheriff?s south satellite station);
d.
Budget Ordinance Amendment No.
01BCC000071?Soil And Water Conservation Department (accept the North Carolina
Agricultural Cost Share reimbursement for technical assistance in the amount of
$4,310 on behalf of the Soil and Water Department);
e. (Left Out
Intentionally);
g. Budget
Ordinance Amendment No. 01BCC000074?2001 Refunding Bond Issue (approve the
budget amendment in the amount of $93,766,306 and use refunding bond proceeds
to refund the Refunded Bonds, pay interest accrued, and pay certain legal,
accounting, and financing costs incurred in connection with issuance of the
bonds);
h.
Budget Ordinance Amendment No.
01BCC000075?Debt Service for School Debt Sale Issuance Costs and Unforeseen
Interest Expense (approve budget ordinance amendment in the amount of $14,000
for debt issuance costs incurred for Durham Public Schools);
i.
Standard Non-Reimbursable Contract
for the Extension of the County Sanitary Sewer System?Parkgate Office (748
linear feet) (authorize County Manager to execute the utility contract for this
addition to the County sanitary sewer system);
j.
Parkwood Area Sewer
System?Authorization to Transfer Ownership to City (authorize the Chairman to
sign a non-warranty deed to transfer ownership of certain Northeast Creek Basin
sewer facilities pursuant to the 1972 agreement between the County and the
City);
k.
Lease Agreement Between Durham
County and Urban Ministries for the Homeless Shelter (H.O.P.E. House) (approve
the lease between Durham County and Urban Ministries effective July 1, 2001
through June 30, 2010);
l.
Lease Amendment (508 Gordon Street)
between Durham County and Mr. Louis Niemeyer for the Mental Health Substance
Abuse Halfway House (authorize the lease amendment in accordance with the
attached agreement);
m.
Approval of Proposal for Sales Tax
Refund Audit (approve the proposal of Ty Cox & Company with the modified
fee schedule and authorize the execution of the contract in accordance with the
terms and conditions of the RFP #01-022);
n.
Capital Project Amendment No.
01CPA000012?EMS?Lebanon Volunteer Fire Department Building Capital Project
Allocation (approve capital budget amendment 01CPA000012 of $62,500 funding the
initial purchase payment for the Lebanon Volunteer Fire Department building and
property);
o.
Property Tax Releases and Refunds
for Fiscal Year 00-01 (May 2001) (accept the property tax release and refund
report as presented and authorize the Tax Assessor adjust the tax records as
outlined by the report); and
p.
ADDED--Renewal
of Excess Liability Insurance (approve changing the insurance carrier to C. V.
Starr for excess coverage with the associated savings of over $75,000 from the
original quote).
Commissioner
Bowser moved, seconded by Vice-Chairman Reckhow, to approve consent agenda
items 5(a) through 5(p), with 5(c) removed for a later meeting.
The
motion carried unanimously.
____________________
Commissioner
Heron moved, seconded by Vice-Chairman Reckhow, to reconsider consent agenda
item 5(m) for discussion.
The
motion carried unanimously.
The
Commissioners discussed the proposal and made the following motion:
Commissioner
Bowser moved, seconded by Commissioner Cousin, to approve consent agenda item
5(m) with the addition of an audit completion date of May 1, 2002.
The
motion carried unanimously.
6. Public Hearing to Receive Comments on the NC 54/I-40 Corridor Study
Development proposals in the NC
54/I-40 Corridor have driven the review of adopted land use plans for the
area. The study area covers portions of
three Small Area plans (South Durham, Southwest Durham, and Triangle
Township). The Study is divided into
three subareas. City Council and the
County Commissioners adopted the interim plan for Subarea A last year.
The Corridor Study [Consisting
of Subareas A, B and C] concentrates non-residential land uses
along NC 54 and I-40. It also tapers
residential density to one unit per acre at the Urban Growth Boundary. Closing Fayetteville Road at its
intersection with Scott King Road and other transportation improvements are
proposed. The plan provides for development
in the area while protecting existing neighborhoods and the environment.
Resource Person: T.E.
Austin, Planning Supervisor
County Manager?s Recommendation: The
Manager?s recommendation is that the Board accept public comments and adopt the
corridor study.
Chairman Black opened the public hearing, which was
advertised.
Speakers at the public hearing were:
Pamela Cook, 5511 Crescent Drive, Chapel Hill, 27514 for CARD
(Citizens Alliance for Responsible Development)
Robert A. Blackwood, 5655 Lynwood Road
Larry Thomas, 9 Preakness Drive, Durham, 27713
Bruce Plumer, 1106 Queensbury Circle
John C. Herrman, 1103 Queensbury Circle
Mrs. Herbert L. Butler, 829 Scott King Road, Durham, 27713 (property owner)
John Schlichenmeir, 115 Fox
Briar Lane, Cary 27511 (builder)
Ed Harrison, 58 Newton Drive, Durham, 27707, and
Dr. Anita Keith-Foust, 323 W. Trinity Avenue.
Chairman Black declared the public hearing closed. Commissioner discussion and comments
followed.
Chairman Black directed Mr. T. E. Austin of Planning to
meet with the Lyons family and any other residents who may need to understand
the plan presented. The item would come
before the Board again on July 2, 2001.
7. Public
Hearing?Proposed Secondary Road Construction Program for Durham County (2001 ?
2002)
Resource Person(s): Rodney H.
Cooper P.E., North Carolina Department of Transportation, Division of Highways,
Division Five.
County Manager's Recommendation: The
Manager recommends that the Board review the Proposed Secondary Road Program
and hold the public hearing. For the
Board?s convenience, a copy of the statutes has been attached which outlines
the Board?s responsibility and authority for the Secondary Road Program. Note that any changes to the priorities
impact others on the priority listing.
After the public hearing, if appropriate, approve the Proposed Secondary
Road Program.
Chairman Black opened the public hearing, which was
advertised.
The speaker at the public hearing was:
Randy Roberts, 5617 Brickhouse Road.
There being no other persons signed to speak, Chairman
Black closed the public hearing.
Vice-Chairman Reckhow moved,
seconded by Commissioner Bowser, to approve the Proposed Secondary Road Program
as presented.
The motion carried unanimously.
8.
Unified Development Ordinance?Consultant Service Contract With Duncan and
Associates for $189,500, Dependent on Participation by the City of Durham. The Contract Would Occur Over FY 02 and FY
03. The City-County Planning Department Will Administer the Contract
The Board is requested to authorize
the County Manager to execute a three-party agreement for the development of a
Unified Development Ordinance (UDO) with Duncan and Associates in the amount of
$189,500. Contract execution would be
dependent upon agreement by the City Council to participate in a three-party
agreement regarding consultant funding.
The UDO is a key component in implementation of Smart Growth
concepts. The revised UDO regulations
would better implement adopted plans and respond to Smart Growth audit
recommendations. Numerous changes to
the current development ordinances have been identified which would improve
their efficiency and usefulness. This
consultant recommendation was made after two independent review groups and full
interviews were conducted. Some changes
were made to the three-party agreement in response to BOCC comments made at the
May 14 meeting.
Resource Person(s): Dick
Hails, Acting Planning Director and Bonnie Estes, Assistant Director will be
able to answer questions on the item.
County Manager?s Recommendation: Authorize
the Manager to execute the Three Party Agreement with the City of Durham and
Duncan and Associates in the amount of $189,500 for the purpose of developing a
Unified Development Ordinance.
This item
was pulled to be presented on July 2, 2001.
9. FY 2001-02 Budget Adoption
The Durham
County Manager will formally present the adopted budget for FY 2001-02 to the
Durham County Board of Commissioners.
This submission is in accordance with the Local Government Budget and
Fiscal Control Act which requires adoption of the budget no later than July 1.
10. Durham Open Space Commission Matching Grants
Recommendation
The Durham Open
Space and Trails Commission (DOST) received four applications for Matching
Grants Program funds to assists nonprofit community organizations with
recreational and open space projects.
After careful consideration of each proposal, the Commission recommends
to the Board of County Commissioners that the Triangle Rails to Trails
Conservancy?s American Tobacco Trail project be funded at a total of
$16,865.00. This allocation is provided
from the contractual funds requested and recommended under the General Fund,
?Open Space Matching Grants" organization of the County?s FY 2001-02 Budget.
The Commission also recommends that
a second cycle of matching grants be announced August 1, 2001 with a deadline
for receiving applications on October 15, 2001. The Committee will prepare recommendations for funding in
December 2001. The Commission is aware
of several organizations that may be able to increase services to the community
with additional funding support in the form of project grants. A fall grant cycle better accommodates the
County?s Fiscal Year and staff work assignments.
11. Approve Interlocal Agreement Between Durham County and
the City of Durham for Funding a Portion of the Costs of the Expansion and
Renovation of the Homeless Shelter (H.O.P.E. House)
The County
and the City have previously entered into an Agreement for the acquisition,
rehabilitation, and ownership of the building located at 412 Liberty Street,
Durham, North Carolina and known as ?the Homeless Shelter." This building (hereinafter collectively
referred to as the ?Project") continues to enhance the ability of the Durham
Presbyterian Council (DPC), or another appropriate nonprofit organization, to
provide a variety of programs open to and for the benefit of the general
public. The City and County have
determined that the expansion, rehabilitation, and renovation of the Project
for continued use as a shelter for the homeless is needed. The County has secured commitments from
several sources, including the City and the North Carolina Housing Finance
Agency to pay a portion of the cost of the Project.
The purpose
of this Interlocal Agreement is to formalize the undertakings of the County and
City with respect to the Project. It is
the intention of the County and City to share in the costs of the Project in
the manner prescribed by this Agreement.
All contracts relating to the Project will be awarded and approved by
the County. The County is responsible
for administering or providing for administration of the Project.
Pursuant to
this Interlocal Agreement the City agrees to appropriate $300,000 in
City-generated housing bond funds and shall also make a grant of an additional
$558,000 from Durham City/County HOME Consortium funds to the Durham Community
Shelter for HOPE, Inc. toward the cost of the Project. In addition, the City agrees to make a CDBG
grant of $10,000 for consulting services previously rendered to the
Project. In addition, the City has
agreed to amend the 2001-2001 Consolidated Action Plan to allocate an
additional $168,000 in HOME funds to the Community Shelter project for
transitional housing activities; the County has agreed to provide a 25% match
to these funds. The housing bond and
HOME sums shall be paid to the County up front, in one lump-sum payment for use
in the Project with no accrual of interest, to be used solely for construction
costs.
The County
and the City agree that space in the building will be made available as a
shelter to the homeless for a minimum of 20 years after the Project
construction is complete, which period will begin one year from the date of
this Interlocal Agreement.
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:
§
Alcoholic Beverage Control Board
§
Adult Care Home Community Advisory
Committee
§
Area Mental Health Board
§
Board of Adjustment
§
Durham Bicycle and Pedestrian
Advisory Committee
§
Durham Technical Community College
Board of Trustees
§
Emergency Medical Services Council
§
Environmental Affairs Board
§
Memorial Stadium Authority
§
Nursing Home Community Advisory
Committee
§
Operation Breakthrough Inc.
§
Transportation Advisory Board
§
Women?s Commission
§
Workforce Development Board
Resource Person(s): Garry E.
Umstead, CMC, Clerk to the Board
