THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday,
November 10, 2003
ACTION MINUTES?DRAFT
4:00 P.M.
Place: Commissioners? Room, second
floor, Durham County Government Administrative Complex, 200 E. Main Street,
Durham, NC
Present: Chairman Ellen W. Reckhow,
Vice-Chairman Joe W. Bowser, and Commissioners Philip R. Cousin Jr., Becky M.
Heron, and Mary D. Jacobs
Absent: None
Presider: Chairman Reckhow
Training for County Commissioners as the Governing
Board
of the Durham Local Management Entity (LME)
The Durham Center is converting
from an area authority to an LME (Local Management Entity) because of statewide
mental health reform. The BOCC will be
the governing body for the LME as of July 1, 2004.
Chris Thompson, Ph.D., was the
director of a local mental health authority in Michigan when it underwent a
similar reform. She now consults the
Durham Center on its transition to an LME and the Division of Mental Health.
_________________________
7:00 P.M., Regular Session
Opening of Regular Session
Chairman Reckhow
called the meeting to order with the Pledge of Allegiance.
Agenda Adjustments
Vice-Chairman Bowser added an item
to the agenda regarding a letter of support for Video Dialogue of Durham.
Minutes
Commissioner Heron moved, seconded
by Commissioner Jacobs, to approve as submitted the October 27, 2003 Regular
Session Minutes of the Board.
The motion carried unanimously.
Recognition
for ?Learning 4 All" Bond Committee
MaryAnn E Black, former Durham County Commission Chairman
and present Director of Community Affairs at Duke University Health Systems,
and Stephens Toler, Vice President of Community Relations at Verizon, cochaired
the committee responsible for the successful marketing and passage of Durham
County?s $124 million bond referendum on November 4.
Commission Chairman Ellen W. Reckhow recognized the work of
the entire committee and presented tokens of appreciation.
COUNTY MANAGER?S RECOMMENDATION: The
Manager recommended that the Commissioners congratulate all members of the
?Learning 4 All" Committee for a successful bond campaign.
The resolutions follow:
WHEREAS, the Durham County Board
of Commissioners approved placing a
$124 million Bond Referendum on the November 4th ballot with the
goal of providing critical enhancements to Durham Public Schools, Durham
Technical Community College, Durham County Library and the Museum of Life and
Science; and
WHEREAS, former Chairman of the
Durham Board of County Commissioners
MaryAnn E. Black and Verizon Vice President Stephens Toler were asked to chair
the 2003 Bond Referendum Committee, with the goal of directing all efforts
required to successfully pass all four bond projects for the Durham community;
and
WHEREAS, these outstanding leaders
enthusiastically managed a broad committee of chief executives from the four
bond participants, and directed the efforts of the Bond Marketing Committee,
led by Marilynn Walls; and
WHEREAS, the Bond Committee
adopted the slogan, ?Learning 4 All", and proceeded to enact the primary
directive of making this bond referendum the most well understood and highly
successful bond campaign in Durham County?s history; and
WHEREAS, Ms. Black and Mr. Toler
traveled throughout the Durham community on weekdays and weekends to speak with
countless civic groups, large and small, touting the importance of supporting
this critical investment in Durham?s future; and
WHEREAS, they were not afraid to
take on critics of the proposal, and their efforts were rewarded with the fact
that all key political groups in Durham County voted to endorse the 2003 Bond
Referendum; and
WHEREAS, Ms. Black and Mr. Toler
also led private fundraising efforts to support the successful marketing
campaign, and netted nearly $50,000 from various local corporations, a record
amount for Durham County; and
WHEREAS, on November 4, 2003, the
entire $124 million Bond Referendum was approved overwhelmingly by Durham
County voters:
NOW, THEREFORE, BE IT RESOLVED
that we, the members of the Durham County Board of Commissioners, do hereby
congratulate
MARYANN E.
BLACK
for successfully directing the
passage of the 2003 Durham Bond Referendum.
We further call upon the entire Durham County community to join us in
enthusiastically commending your leadership of this Bond Referendum, which will
improve Durham County?s quality of life for years to come.
This the 10th day of
November, 2003.
/s/ Five Commissioners
Durham County Commissioners
_________________________
WHEREAS, the Durham County Board
of Commissioners approved placing a
$124 million Bond Referendum on the November 4th ballot with the
goal of providing critical enhancements to Durham Public Schools, Durham
Technical Community College, Durham County Library, and the Museum of Life and
Science; and
WHEREAS, Verizon Vice-President
Stephens Toler and former Chairman of the Durham Board of County Commissioners
MaryAnn E. Black were asked to chair the 2003 Bond Referendum Committee, with
the goal of directing all efforts required to successfully pass all four bond
projects for the Durham community; and
WHEREAS, these outstanding leaders
enthusiastically managed a broad committee of chief executives from the four
bond participants, and directed the efforts of the Bond Marketing Committee led
by Marilynn Walls; and
WHEREAS, the Bond Committee
adopted the slogan, ?Learning 4 All", and proceeded to enact the primary
directive of making this bond referendum the most well-understood and
highly-successful bond campaign in Durham County?s history; and
WHEREAS, Mr. Toler and Ms. Black
traveled throughout the Durham community on weekdays and weekends to speak with
countless civic groups, large and small, touting the importance of supporting
this critical investment in Durham?s future; and
WHEREAS, they were not afraid to
take on critics of the proposal, and their efforts were rewarded with the fact
that all key political groups in Durham County voted to endorse the 2003 Bond
Referendum; and
WHEREAS, Mr. Toler and Ms. Black
also led private fundraising efforts to support the successful marketing
campaign and netted nearly $50,000 from various local corporations, a record
amount for Durham County; and
WHEREAS, on November 4, 2003, the
entire $124 million Bond Referendum was approved overwhelmingly by Durham
County voters:
NOW, THEREFORE, BE IT RESOLVED
that we, the members of the Durham County Board of Commissioners, do hereby
congratulate
STEPHENS
?STEVE" TOLER
for successfully directing the
passage of the 2003 Durham Bond Referendum.
We further call upon the entire Durham County community to join us in
enthusiastically commending your leadership of this Bond Referendum, which will
improve Durham County?s quality of life for years to come.
This the 10th day of November, 2003.
/s/ Five Commissioners
Durham County Commissioners
Resolution
Supporting Western North Carolina Passenger Rail Service
Representatives of the Western Carolina Rail Corridor
Committee contacted the Chairman of the Board about joining a North Carolina
Statewide Passenger Rail Initiative, which seeks to restore passenger rail
service to Western North Carolina. Support is being sought from across the
state and all the approved resolutions will eventually be presented to state
legislators.
COUNTY MANAGER?S RECOMMENDATION: The
Manager recommended that the Board approve the resolution and direct that a
signed copy be returned to
Judith Calvert Ray, Chair, WNC Rail Corridor Committee.
The resolution follows:
RESOLUTION
IN SUPPORT OF A STATEWIDE INITIATIVE FOR LEGISLATIVE AND FUNDING SUPPORT FOR
ENHANCED AND IMPROVED PASSENGER RAIL SERVICE FOR THE STATE OF NORTH CAROLINA
WHEREAS, a passenger rail service
is an integral part of a comprehensive transportation system for the state of
North Carolina; and
WHEREAS, economic development,
tourism and job creation will benefit through the enhancement of a passenger
rail system that serves the citizens of North Carolina and visitors to our
state; and
WHEREAS, we applaud the state of
North Carolina for development of comprehensive intercity rail services in
urban jurisdictions throughout the state; and
WHEREAS, there is a vital need to
provide a balanced transportation system both statewide and nationwide as
demonstrated in the aftermath of the September 11, 2001 tragedies; and
WHEREAS, an increase in state
funding for passenger rail service in North Carolina is necessary to support
development of intercity rail services that can connect our small urban and
rural areas of the state with the urbanized centers of our state; and
WHEREAS, support by local and
state elected officials is essential for the future of alternative
transportation in North Carolina; and
WHEREAS, support and utilization
of transportation improvements by business and commercial interests is essential
for the successful deployment of alternative transportation modes in North
Carolina; and
WHEREAS, this resolution is a
vehicle to express the unified support of communities and chambers of commerce
throughout North Carolina for increased statewide funding of passenger rail
service; and
WHEREAS, rail linkages between
communities and regions within North Carolina establish and strengthen social,
historical, commercial and cultural bonds; and
WHEREAS, the average return on
investment for the surrounding community for station revitalizations throughout
North Carolina is more than one dollar for every dollar invested; and
WHEREAS, the associated
improvements to rail facilities will increase the efficiency and safety of rail
service, help attract new freight traffic and provide environmental benefits by
reducing the impact of truck traffic on North Carolina?s highways and by
reducing harmful emissions; and
WHEREAS, an integrated passenger
rail system will enhance accessibility and reliability for key military
locations and ports:
NOW, THEREFORE, BE IT RESOLVED
that we, the members of the Durham County Board of Commissioners, through the
adoption of this resolution, fully support the creation of a comprehensive
passenger rail system to serve the state of North Carolina, with its ultimate
objective to further economic opportunity, help preserve the environment,
improve the quality of life and enhance public health, safety and welfare for
all citizens, communities and regions.
Adopted this 10th day
of November, 2003.
/s/ Five Commissioners
Durham County Commissioners
Consent Agenda
Commissioner
Cousin moved, seconded by Vice-Chairman Bowser, to approve the following
consent agenda items:
*(a)Street Annexation Petition?Pascal Way (adopt
the resolution to approve the addition of Pascal Way to the state?s road
maintenance system subject to the certification of eligibility by the
appropriate officials of the NC Department of Transportation);
*(b)Street Annexation Petition?Stanridge Drive
(adopt the resolution to approve the addition of Stanridge Drive to the state?s
road maintenance system subject to the certification of eligibility by the
appropriate officials of the NC Department of Transportation);
(c)
(Removed
from the agenda prior to the meeting.)
*(d)Budget Ordinance Amendment No. 04BCC000025?Criminal Justice Resource
Center (approve the budget ordinance amendment in the amount of $12,100 for the
Criminal Justice Resource Center);
*(e)Approval of Mission Statement and County
Manager?s Nominations for the Career and Technical Education Task Force
(approve the nominees to the Career and Technical Education Task Force and
approve the mission statement as proposed by the Manager and the
Superintendent);
(f) Update on
the Results Based Accountability Process (approve the next steps of the Results
Based Accountability process and authorize staff to move forward with the
implementation thereof);
(g)
Lease Extension ? 501 Willard Street (Durham Center)
(approve the lease extension for 501 Willard Street from December 1, 2003
through November 30, 2004 at the rate of $12,878.07 per month);
(h)
Lease Extension ? 200 North Mangum Street (Durham Center)
(approve the lease extension for 200 North Mangum Street from November 1, 2003
through
August 31, 2004 at the rate of $14,562.40 per month);
*(i)Resolution Declaring the Results of the Special
Bond Referendum (approve the resolution declaring the results of the election
and direct the Clerk to publish the results in the newspaper);
(j)
Approval of Construction Contract for Site Preparations of the
Durham Center for Senior Life Project No: DC071-50, Bid No: IFB 04-013
(authorize execution of a contract with Riggs-Harrod
Builders Inc. in the amount of $410,071.00 for
site preparation work for the Durham Center for Senior Life Project and
authorize execution of any other related contracts including change orders, if
necessary, not to exceed the estimated budget of $455,071.00); and
(k)
Conveyance of Personal Property to the ARC of Durham
(declare the personal property described herein as surplus, authorize the
conveyance of the personal property to the ARC of Durham on the condition that
said property be used for a public purpose, and authorize the County Manager to
enter into an agreement with the ARC of Durham which reflects the terms of the
conveyance as set forth herein).
The motion
carried unanimously.
*Documents related to these items follow:
Consent Agenda Item No. a. Street
Annexation Petition?Pascal Way (adopt the resolution to approve the addition of
Pascal Way to the state?s road maintenance system subject to the certification
of eligibility by the appropriate officials of the NC Department of
Transportation).
The resolution follows:
NORTH
CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST
FOR ADDITION OF STATE MAINTAINED SECONDARY ROAD SYSTEM
North
Carolina
County of
Durham
Road Description:Pascal Way?3
miles north of the 15-501 Bypass in the Kerlington Subdivision. Length of road?1/4 mile.
WHEREAS,
the attached petition has been filed with the Board of County Commissioners of
the County of Durham requesting that the above-described road, the location of
which has been indicated in red on the attached map,* be added to the secondary
road system; and
WHEREAS,
the Board of County Commissioners is of the opinion that the
above-described road should be added to the secondary road system, if the road
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the system:
NOW,
THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of
Durham that the Division of Highways is hereby requested to review the
above-described road and to take over the road for maintenance if it meets
established standards and criteria.
CERTIFICATE
The foregoing
resolution was duly adopted by the Board of County Commissioners of the County
of Durham at a meeting on the 10th day of November, 2003.
Witness my
hand and official seal this the 11th day of November, 2003.
/s/ Garry
E. Umstead
Clerk,
Board of Commissioners
County of
Durham
*In the office of the Clerk to the Board.
Consent Agenda Item No. b. Street
Annexation Petition?Stanridge Drive (adopt the resolution to approve the
addition of Stanridge Drive to the state?s road maintenance system subject to the
certification of eligibility by the appropriate officials of the
NC Department of Transportation).
The resolution follows:
NORTH
CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST
FOR ADDITION OF STATE MAINTAINED SECONDARY ROAD SYSTEM
North
Carolina
County of
Durham
Road Description:Stanridge Drive
(formerly Starhope Drive)?0.2 miles west of the intersection of SR 1901 and SR
2146 in the Mayfair Subdivision (Phase I and II). Length of road?.29 miles.
WHEREAS,
the attached petition has been filed with the Board of County Commissioners of
the County of Durham requesting that the above-described road, the location of
which has been indicated in red on the attached map,* be added to the secondary
road system; and
WHEREAS,
the Board of County Commissioners is of the opinion that the
above-described road should be added to the secondary road system, if the road
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the system:
NOW,
THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of
Durham that the Division of Highways is hereby requested to review the
above-described road and to take over the road for maintenance if it meets
established standards and criteria.
CERTIFICATE
The
foregoing resolution was duly adopted by the Board of County Commissioners of
the County of Durham at a meeting on the 10th day of November, 2003.
Witness my
hand and official seal this the 11th day of November, 2003.
/s/ Garry
E. Umstead
Clerk,
Board of Commissioners
County of
Durham
*In the office of the Clerk to the Board.
Consent Agenda Item No. d. Budget
Ordinance Amendment No. 04BCC000025?Criminal Justice Resource Center (approve
the budget ordinance amendment for $12,100 for the Criminal Justice Resource
Center).
The budget ordinance amendment
follows:
DURHAM
COUNTY, NORTH CAROLINA
FY 2003-04
Budget Ordinance
Amendment
No. 04BCC000025
BE IT ORDAINED BY THE
COMMISSIONERS OF DURHAM COUNTY that the
FY 2003-04 Budget Ordinance is hereby amended to reflect budget adjustments.
Revenue:
Category
Current Increase/Decrease Revised
Budget Budget
General Fund
Expenditures:
Activity
General Fund
Public
Safety $ 36,558,239 $12,100 $ 36,570,339
All ordinances and portions of
ordinances in conflict herewith are hereby repealed.
This the 10th day of
November, 2003.
(Budget Ordinance Amendment recorded in Ordinance Book
_____, page _____.)
Consent Agenda Item No. e. Approval
of Mission Statement and County Manager?s Nominations for the Career and
Technical Education Task Force (approve the nominees to the Career and
Technical Education Task Force and approve the mission statement as proposed by
the Manager and the Superintendent).
Career and
Technical Education Task Force
Mission Statement
To study career and vocational
training needs in Durham County and investigate the feasibility of creating a
vocational school that prepares high school students to favorably compete for
new and existing jobs in Durham County.
Appointments to Task Force
Lavonia Allison Cornelius
Battle Regina
George-Bowden
Martina Dunford Dan
Fritz Larry Hester
Bill Ingram Ed
Pope Hank Scherich
Bill Shore
Consent Agenda Item No. i.
Resolution Declaring the Results of the Special Bond Referendum (approve the
resolution declaring the results of the election and direct the Clerk to
publish the results in the newspaper).
RESOLUTION
DECLARING THE RESULTS OF THE SPECIAL BOND REFERENDUM HELD IN THE COUNTY OF
DURHAM ON NOVEMBER 4, 2003 UPON THE QUESTIONS OF APPROVING $105,315,000
School Bonds, $8,345,000 Community College Bonds, $5,280,000 Museum Bonds and
$4,725,000 Library Facilities Bonds
BE IT RESOLVED by the Board of Commissioners for the County of Durham:
Section 1. The Board of Commissioners for the
County of Durham, North Carolina, having received from the Durham County Board
of Elections a certified copy of the proceedings of said Board of Elections
taken on November 7, 2003, evidencing said Board?s determination of the
results of the canvass of the returns of the special bond referendum held in
said County on November 4, 2003 upon the questions of approving
$105,315,000 School Bonds, $8,345,000 Community College Bonds, $5,280,000
Museum Bonds and $4,725,000 Library Facilities Bonds of said County, does
hereby declare and certify the results of said referendum to be the results
which are set forth in the following statement of the results of said
referendum, which statement has been prepared by said Board of Commissioners:
STATEMENT OF THE RESULTS
of the
SPECIAL BOND REFERENDUM
held in the
COUNTY OF DURHAM, NORTH
CAROLINA
on November 4, 2003
UPON THE QUESTIONS OF
APPROVING
$105,315,000 School Bonds,
$8,345,000
community college Bonds,
$5,280,000
MUSEUM BONDS
and
$4,725,000 library Facilities Bonds
At a special
bond referendum held in the County of Durham on November 4, 2003, 128,176
voters were registered and qualified to vote.
At said
referendum 23,766 votes were cast for the order adopted on July 28, 2003,
authorizing not exceeding $105,315,000 School Bonds of the County of Durham,
North Carolina, for the purpose of providing funds, with any other available
funds, for erecting additional school buildings and other school plant
facilities, remodeling, enlarging and reconstructing existing school buildings
and other school plant facilities and acquiring any necessary land, furnishings
and equipment therefor, in order to provide additional school facilities in
said County to maintain the school term as required by Section 2 of Article IX
of the Constitution, and authorizing the levy of taxes in an amount sufficient
to pay the principal of and the interest on said bonds, and 6,377 votes were
cast against said order, and a majority of the qualified voters of said County
who voted thereon at said referendum voted in favor of said order.
At said
referendum 23,861 votes were cast for the order adopted on July 28, 2003,
authorizing not exceeding $8,345,000 Community College Bonds of the County of
Durham, North Carolina, for the purpose of providing funds, with any other
available funds, for expanding and improving the facilities for Durham
Technical Community College at its main campus in the City of Durham, including
the construction of an additional building and additional parking facilities
and sidewalks, the expansion and improvement of an existing building, the
improvement of other facilities and the acquisition of necessary furnishings
and equipment therefor, and authorizing the levy of taxes in an amount
sufficient to pay the principal of and the interest on said bonds, and 6,946
votes were cast against said order, and a majority of the qualified voters of
said County who voted thereon at said referendum voted in favor of said order.
At said
referendum 22,083 votes were cast for the order adopted on July 28, 2003,
authorizing not exceeding $5,280,000 Museum Bonds of the County of Durham,
North Carolina, for the purpose of providing funds, with any other available
funds, for enlarging and improving exhibits, parking facilities, visitor
facilities, offices and maintenance facilities at the North Carolina Museum of
Life and Science and acquiring any necessary furnishings and equipment
therefor, and authorizing the levy of taxes in an amount sufficient to pay the
principal of and the interest on said bonds, and 8,435 votes were cast against
said order, and a majority of the qualified voters of said County who voted
thereon at said referendum voted in favor of said order.
At said
referendum 24,144 votes were cast for the order adopted on July 28, 2003,
authorizing not exceeding $4,725,000 Library Facilities Bonds of the County of
Durham, North Carolina, for the purpose of providing funds, with any other
available funds, for providing additional library facilities of said County,
including the construction of a branch library in the southern area of said
County and the acquisition of necessary furnishings and equipment therefor, and
authorizing the levy of taxes in an amount sufficient to pay the principal of
and the interest on said bonds, and 6,558 votes were cast against said order,
and a majority of the qualified voters of said County who voted thereon at said
referendum voted in favor of said order.
Board of Commissioners for
the
County of Durham, North Carolina
Section 2. The Clerk to said Board of
Commissioners shall file a copy of the foregoing statement of the results of
said referendum in his office and shall publish such statement once in The
Herald Sun. A statement in
substantially the following form shall be published with the foregoing
statement:
Any action or
proceeding challenging the regularity or validity of this bond referendum must
be begun within 30 days after [date of publication].
Board of Commissioners for
the
County of Durham, North Carolina
Section 3. This resolution shall take effect upon
its passage.
Transportation Improvement Program
(TIP) for FY 2006-2012
The Transportation Improvement Program (TIP) determines how
state and federal transportation funds will be spent throughout Durham County
and the State of North Carolina in upcoming years. The biannual TIP preparation begins with a process of setting of
priorities by local jurisdictions. Each
jurisdiction gives a priority recommendation for transportation projects which
have not been funded or which are partially funded. In the past, the Board of County Commissioners has elected to
hold a public hearing on the TIP. It
was suggested that a public hearing be scheduled for November 24, 2003. The proposed priority list will be advertised
prior to the hearing. Following the
public hearing, the Board will be requested to adopt the TIP priorities.
A. 2003 County of
Durham Resolution and Priority List for 2006-2012 TIP
B. TIP Two-year Cycle
Process
C. 2001 Durham County
Priority List
D. 2001 City of
Durham Priority List
E. 2001 Regional
Priority List for 2004-2010 TIP
F. Durham County
Element of the 2004-2010 TIP
G. Funding status of
Durham County Projects in the 2004-2010 TIP
H. 2006-2012 TIP
Development Schedule
Map #1 TIP
Project Map
RESOURCE PERSON(S): Felix Nwoko, Transportation
Planning Manager, City Transportation Division
COUNTY MANAGER?S RECOMMENDATION: The
County Manager?s recommendation was that the Board receive the presentation and
schedule a public hearing for November 24, 2003.
Mark Ahrendson, City
Transportation Manager, provided background on the process and made a
presentation on proposed road projects.
Commissioner Jacobs moved, seconded by
Commissioner Heron, to set a public hearing for the November 24, 2003 Regular
Session for the priority list as presented.
The motion carried unanimously.
Hearing on Request for Refund of
Excise Tax
The applicant was duly notified of
the hearing on the requested refund.
Closed Session
Commissioner Heron moved, seconded
by Commissioner Jacobs, to adjourn to closed session pursuant to G.S. §
143-318.11(a)(6) to consider the performance of a public officer.
The motion carried unanimously.
