THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
September 22, 2003
7:00 P.M. Regular
Session
POST AGENDA
Opening of the
Regular Session?Pledge of Allegiance
Chairman Reckhow called the meeting to order with the Pledge of
Alliance.
Agenda Adjustments
·
County Attorney Chuck Kitchen noted
that a personnel matter had been added to the Closed Session.
·
Commissioner Heron requested that an
item be added to discuss the possibility of asking the state for assistance in
collecting debris resulting from Hurricane Isabel. (This item was not discussed during the meeting due to time
constraints.)
·
Commissioner Bowser stated that he
had asked the County Attorney to add the personnel issue to the Closed Session.
Vice-Chairman Bowser announced that
citizens are concerned about the substantial increase in City water bills
relative to the sewer rate and service charge.
He felt compelled to use his privilege as a County Commissioner to call
on the City Council to address this issue.
His personal water bill had increased substantially ($27.00 for a
two-month period). He asked that
citizens contact the City Council and the Mayor to voice their concerns.
Chairman Reckhow called attention to
the revised agenda that had been placed at each Commissioner?s station.
Minutes
Chairman
Reckhow removed the September 8, 2003 Regular Session Minutes from the agenda,
as the Commissioners had not received a hard copy of the minutes prior to
tonight?s meeting.
Vice-Chairman
Bowser moved, seconded by Commissioner Heron, to approve the September 2, 2003
Worksession Minutes of the Board as submitted.
The August 4, 2003 Worksession Minutes and the August 25, 2003 Regular
Session Minutes were approved as corrected.
The motion carried
unanimously.
Proclamation for ?NATIONAL 5 A DAY MONTH"
Chairman Reckhow was asked to
proclaim the month of September as ?NATIONAL 5 A DAY MONTH" to promote the
value of eating five or more servings of fruits and vegetables per day to
reduce the risk of obesity and chronic disease. Public Health Department Nutritionist Barbara Rumer briefed the
Board on local events planned to celebrate the occasion.
Resource Person(s): Barbara
Rumer, MPH, RD, LDN, Public Health Department
County Manager?s Recommendation: The County
Manager recommended that the Board approve the proclamation and present it to
Ms. Rumer.
Chairman Reckhow read the following
proclamation into the record:
PROCLAMATION
WHEREAS, overweight and obesity
among children and adults has been on an alarming increase throughout the nation,
North Carolina, and Durham County; and
WHEREAS, poor dietary choices
contribute to overweight, obesity, cancer, diabetes, and heart disease; and
WHEREAS, research indicates that
eating five or more servings per day of fruit and/or vegetables can help reduce
the risk of overweight, obesity, and chronic disease; and
WHEREAS, eighty percent of
Americans are not eating five or more servings of fruit and/or vegetables per
day; and
WHEREAS, promoting fruit and vegetable intake can
help fight chronic disease risk; and
WHEREAS, eating a variety of colorful fruit and vegetables will help to
give Durham County citizens the vitamins, minerals, fiber, and phytochemicals
needed for health:
NOW, THEREFORE BE IT RESOLVED that I, Ellen W. Reckhow, Chairman of the
Durham County Board of Commissioners, do hereby proclaim the month of September
2003 as
?NATIONAL 5 A DAY MONTH"
in Durham
County. I further ask all citizens to
eat at least five servings of colorful fruit and/or vegetables each day to ?get
healthy Durham."
This the 22nd
day of September, 2003.
/s/ Ellen W.
Reckhow
Chairman
Certificate of Achievement?Finance Department
The Government Finance Officers?
Association has recognized Durham County?s Finance Department for 19 of the
past 23 years for Excellence in Financial Reporting. This year is no exception, as the department has been awarded The
Certificate for Excellence in Financial Reporting for the FY 2002 Comprehensive
Annual Financial Report (CAFR). The
CAFR has been judged by an impartial panel to meet the high standards of the
program, including demonstrating a constructive ?spirit of full disclosure" to
clearly communicate its financial story and motivate potential users and user
groups to read the CAFR. This year?s
award is particularly significant, because GASB-34 went into effect this
year. This new accounting pronouncement
required significant changes in the CAFR (e.g., Management?s Discussion and
Analysis, full accrual statements for all fund types with reconciliation to
governmental fund statements, change in the format of the notes to the
financial statements, how the report was compiled, etc.). The Local Government Commission was making
adjustments to these requirements as the financial report was being
prepared. The Finance Department
managed to issue the report in a timely manner (prior to the issuance of the
November revenue bonds), although the department was not fully staffed. This award is indeed a credit to the quality
and dedication of Finance Department employees who have adapted to these new
requirements, produced the report on a timely basis (one of the first
departments to submit to the Local Government Commission), and met the required
high standards.
Mr. Quick thanked Ms. Jessica Brown-Linton and Ms. Susan
Fox-Kirk for all their hard work in making this Certificate of Achievement
possible.
Chairman Reckhow read and presented the Certificate of
Achievement to Mr. Quick, along with sincere congratulations of the entire
Board.
CERTIFICATE OF
ACHIEVEMENT FOR EXCELLENCE
IN FINANCIAL
REPORTING
Presented to the
County of Durham, North Carolina
for its
Comprehensive Annual Financial Report
for the Fiscal Year
Ended June 30, 2002.
A Certificate
Of Achievement For Excellence In Financial Reporting is presented by the
Government Finance Officer Association of the United States and Canada to
government units and public employee retirement systems whose comprehensive
annual financial report achieved the highest standards in government accounting
and financial reporting.
Progress Report from Bond Campaign Committee
Consent Agenda
Commissioner Cousin
moved, seconded by Commissioner Heron, to approve the consent agenda items with
the exception of item f.
The motion carried
unanimously.
a. Property Tax
Releases and Refunds for Fiscal Year 2003-04 (accept the August property tax
release and refund report as presented and authorize the Tax Assessor to adjust
the tax records as outlined by the report);
b. Budget
Ordinance Amendment No 04BCC000015?Recognize Revenue for Emergency Medical
Services (approve the budget ordinance amendment to recognize incremental
funding in the amount of $10,963 from Philips Medical Systems);
c.
Patriot Act Resolution (approve the
prepared resolution and direct that it be sent to Congress as indicated);
d.
Resolution on Appointments to Boards
and Commissions (approve the change to the policy);
e.
Street Annexation Petition?Rexing
Court (adopt the resolution to approve the addition of Rexing Court to the
state?s road maintenance system subject to the certification of eligibility by
the appropriate officials of the NC Department of Transportation);
f.
Joint Resolution on Vocational
Educational Opportunities?Minor Revisions (approve the resolution); and
g. Appointment
of Chair of ABC Board (appoint E?Vonne Coleman as chairman of the ABC Board as
recommended by the ABC Board).
Vice-Chairman
Bowser pulled consent agenda item no. f.
Following a brief discussion,
Commissioner Jacobs moved, seconded by Commissioner
Heron, to approve the consent agenda item.
The motion carried unanimously.
Public
Hearing?Centex Homes, Applicant (Rezoning Case P02-25)
Centex Homes presented to the Board
of County Commissioners a request to rezone
133.3 acres located on the west side of Grandale Drive and north of the
Sedwick Road intersection. (PIN
0727-01-36-7805) (TM 531-1-6)
Request:RD (Rural District) to PDR 1.66; F/J-B (Planned Density
Residential-1.66 units/acre; Falls/Jordan Protected Area).
The original rezoning request for
PDR 2.1 with 271 single-family lots went to the Board of County Commissioners
September 23, 2002. The Board continued
the hearing, suggesting changes to the rezoning. A revised rezoning request and development plan for PDR 1.93 and
251 single-family lots returned to the Board for a public hearing on March 24,
2003, but was continued again. The
applicant further modified the rezoning request to the current proposal. These modifications met the Ordinance
thresholds requiring a new public hearing before the Zoning Committee. The Zoning Committee of the Durham Planning
Commission conducted a public hearing August 13, 2003 and voted 5-1 to
recommend denial, citing flooding concerns and school overcrowding.
The proposal is in general conformance with the small area
plan. Staff recommended approval,
citing general adopted plan conformance.
The public
hearing for this request was re-advertised on September 5 and 12, 2003 in the
Durham Herald-Sun.
Resource Person(s): Frank M.
Duke, AICP, Planning Director, Durham City-County Planning Department
Public Hearing (continued) and Adoption of the FY
2002-2003 Consolidated Annual Performance and Evaluation Report (CAPER)
The City of Durham Department of
Housing and Community Development requested that the Board of County Commissioners
adopt the FY 2002-2003 Consolidated Annual Performance and Evaluation Report
(CAPER) for submission to the U.S. Department of Housing and Urban Development
(HUD). The CAPER provides Durham an
opportunity to assess anticipated performance with actual performance in
meeting the priorities and objectives of the Consolidated Action Plan. The CAPER public hearing is held annually in
September by the Board of County Commissioners to receive comments on the
previous year?s City-County HOME Consortium Investment Partnership program
performance. This performance is
detailed in the CAPER that must be submitted to HUD prior to the September 28,
2003 deadline. The 2002-2003 CAPER was
made available (in draft form) for public review from August 1, 2003 through
September 1, 2003. Comments received at
the public hearing will be placed into the CAPER before its submission to
HUD. The City Council held its CAPER
public hearing on September 2, 2003. This public hearing was opened at the
September 8, 2003 meeting and continued until the September 22, 2003 meeting.
Durham receives an annual HOME
Consortium grant award from HUD. The FY
2002-2003 HOME entitlement allocation was $1,051,000 in HOME funds. The FY 2002-2003 Consolidated Action Plan
allocated these HOME funds primarily for housing activities in Durham with
special focus in target neighborhoods.
Major HOME program expenditures made during the 2002-2003 program year
(as shown in the draft CAPER) included assistance for homebuyers, dwelling
rehabilitation for first-time homebuyers, and special needs housing.
During FY 2002-2003, City staff,
local lenders, and realtors presented a First-Time Homebuyers Program to Durham
County residents during National Homeownership Month. The HOME-funded program is now available to qualified homebuyers
that desire to live in Durham County (outside the City limits). Effective marketing strategies will be
implemented for both the County Substantial Housing Rehabilitation and Homebuyers
Assistance Programs during FY 2003-2004.
During FY 2003-2004, a homeownership program will be designed and
implemented for Durham County Sheriff?s and Durham County Government employees
through the use of HOME funds.
Resource Person(s): Charlene
Montford, Director of the City of Durham Department of Housing and Community
Development and Michael Pullum, Senior Planner
County Manager?s Recommendation: The
Manager?s recommendation was that the Board hold the public hearing and adopt
the FY 2002-2003 Consolidated Annual Performance and Evaluation Report (CAPER)
for submission to the U.S. Department of Housing and Urban Development (HUD)
prior to the September 28, 2003 deadline.
Commissioner Jacobs
moved, seconded by Commissioner Cousin, to adopt the FY 2002-2003 Consolidated
Annual Performance and Evaluation (CAPER) for submission to the U.S. Department
of Housing and Urban Development (HUD) prior to the September 28, 2003
deadline.
The motion carried unanimously.
Summer Meadows Additions?Rezoning Case P03-12
On August 11, 2003, Crossman Communities
of North Carolina Inc. presented to the Commissioners a request to rezone a 20.09-acre site (in two
separate tracts) located on the north side of Hebron Road, between West Avenue
and Danube Lane, and the west side of Denfield Street, between Hebron Road and
Communications Drive. (PIN
08334-03-11-6522 [partial], 03-31-5464, 03-31-7450)
Request: R-20;
F/J-B & E-B to PDR-4.69. The
proposal is in conformance with the small area plan. Staff recommends approval, citing adopted plan conformance. The Zoning Committee of the Durham Planning
Commission conducted a public hearing June 11, 2003 and voted 6-0 to recommend
denial, citing mass grading and lot size.
This request was continued from the
August 11, 2003 and September 8, 2003 Board of County Commissioners? meetings
for development of a note regarding improvements to Felicia Street not directly
related to this project. This is now
reflected on the development plan.
Resource Person(s): Frank M.
Duke, AICP, Planning Director, Durham City-County Planning Department
County Manager?s Recommendation: The County
Manager recommended that the Board approve the rezoning, if appropriate.
Vice-Chairman
Bowser moved, seconded by Commissioner Cousin, to approve Summer Meadows with
amended wording that ?such payment shall be made prior to final plat approval".
The motion
carried unanimously.
Utility Revenue Remittances by the City of Durham to
Durham County
The Board was requested to approve a
settlement proposal between the City and County to resolve differences between
the amount of utility revenues collected by the City of Durham and remitted to
the County as determined in the Agreed Upon Procedures (AUP) reports dated
December 23, 2002 and August 28, 2003.
The settlement recommended by the City and County Managers involves
three items:
·
Payment of $583,430 to the County
from the City.
·
Reimbursement of 100% of revenue
collected from Triangle Wastewater Treatment Plant (TWWTP) customers served by
County owned lines and annexed by the City of Durham, and;
·
Consideration of a City suggestion
to consolidate ownership and operation of the wastewater collection system in
the area served by the TWWTP.
The proposal was considered and
supported by the Joint City/County Committee on September 9, 2003. The Agreed
Upon Procedures began in March 2002 and was conducted in two phases. Phase I was completed in December 2002 and
presented to the Joint City/County Committee on January 14, 2003. Phase II was completed in August 2003 and
presented to the Joint City/County Committee on September 9, 2003 at which time
the Committee recommended that the City Council and County Commissioners
consider a settlement proposal.
Phase I of the AUP involved water
and sewer extension projects completed by the County and transferred to the
City for ownership. Based on the
interlocal agreement for these projects, the City is to remit 50% of the water
and sewer consumption fees and 100% of the connection fees. Through the end of December 2001, the County
was underpaid by $1,114,854.
Phase II of the AUP focused on the
consumption or collection amounts of sewer customers within the TWWTP service
area for the calendar year 2001. The
City and County agree that the City is to remit 80% of units consumed times the
County rate to the County when the City owns the lines serving the
customers. It is also agreed that the
City is to remit 100% of the sewer payments received from customers served by
county owned lines outside of the Durham City limit. However, there is disagreement regarding the remittance amount
for customers served by County owned lines but annexed by the City. The County takes the position that 100% of
the consumption times the County rate should be remitted, while the City takes
the position that 80% of the consumption times the County rate should be
remitted. For 2001, the County was
overpaid $407,389 based on the County perspective or $655,458 based on the City
perspective.
The
settlement proposal averages the overpayment amounts in Phase II and deducts
that from the underpayment amount in Phase I with the result being a payment to
the County in the amount of $583,430.
Additionally, the remittances in areas that have been annexed and where
the County owns the lines will be increased from 80% to 100% of the consumption
upon acceptance of the settlement by the City and County. The City and County will also evaluate the
City?s suggestion to consolidate ownership and operation of the collection in
the area serviced by the TWWTP with a target of July 1, 2004 for single ownership.
Resource Person(s): The
Manager recommended that the Board accept the proposed settlement agreement as
outlined above and supported by the Joint City/County Committee.
Vice-Chairman
Bowser moved, seconded by Commissioner Heron, to accept the proposed settlement
agreement as outlined and supported by the Joint City/County Committee.
The motion carried
unanimously.
Closed Session
Adjournment
Chairman Reckhow
adjourned the meeting at approximately 11:00 p.m.
