THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, December 13, 2004
and
Tuesday, December 14, 2004
POST AGENDA?ACTIONS
Place: Commissioners?
Room, second floor, Durham County Government Administrative Complex, 200 E. Main Street, Durham, NC
Present: Chairman Ellen W. Reckhow,
Vice-Chairman Becky M. Heron, and Commissioners Lewis A. Cheek, Becky M. Heron,
and Michael D. Page
Absent: None
Presider: Chairman Reckhow
4:00 P.M. Closed
Session
Commissioner Cheek moved, seconded by Vice-Chairman
Heron, to adjourn into closed session pursuant to
G.S. 143.318.11(a)(6) to consider the initial
appointment of a public officer.
The motion carried unanimously.
7:00 P.M. Regular Session
Opening of Regular Session?Pledge of Allegiance
Durham County Major Accomplishments?2004
§
Tax
collection rate increase to 98.06%, the highest percentage in recent history
§
Retention
of the County?s AAA bond rating
§
Completion
of the County?s Parking Deck for the American Tobacco Project
§
Groundbreaking
for Merck Pharmaceuticals
§
Implementation
of a statewide intelligence database, hosted by the Durham County Sheriff?s
Office and the Durham Police Department
§
Reduction
of Durham?s
infant mortality rate to 4.7 deaths per 1,000 live births, a historical low
§
Recognition
of Durham County
government by the U.S. Environmental Protection Agency as one of America?s Best
Workplaces for Commuters
§
Groundbreaking
for the East Branch Library
§
Received
the Ralph W. Ketner Productivity Award from the North Carolina Association of
County Commissioners for the System of Care - an integrated network of
community services and resources supported by active teamwork among families,
professionals and the community
§
Awarded
the National Act of Caring Award for teen literacy/GED program with the Durham Literacy
Council
§
Adoption
of a Living Wage Ordinance requiring a living wage to be paid to all full-time
employees including all contracted service providers? full-time employees
§
Opening
of renovated former YMCA childcare facility for Headstart
§
Groundbreaking
for the new Senior
Center
§
Completion
of the Agricultural
Building renovation
§
Implementation
of a City-County Initiative of eight Results Based Accountability community
taskforces in the areas of: Health; Safety; Prosperous Economy; Healthy Environment;
Vibrant & Diverse Communities;Children Ready for and Succeeding in School; Adequate, Safe, Affordable Housing; Sustainable,
Thriving Neighborhoods with Efficient and Well-maintained Infrastructure
§
Opening
of the Little River Regional Park, jointly owned and operated with Orange County,
consisting of 391 acres including over seven miles of hiking trails and seven
miles of mountain biking trails
§
Construction
contracts awarded and design work completed for the North and East Regional
Branch Libraries
§
Awarded
a $170,000 NC Clean Water Management Trust Fund Grant to assist with the
acquisition of 50 acres of open space on the South Fork of the Little River
§
Received
three North Carolina Association of County Commissioners Outstanding County
Program Awards for the Tooth Ferry, Color Me Healthy, and Neighborhood College
Programs
§
Acquisition
of the Lowe's Grove
School site for the South
Regional Library
§
Received
a federal farmland grant for $251,000 to assist with the preservation of 158
acres of farmland in northern Durham
County
§
Construction
contract awarded for Stanford L. Warren Library renovations
§
Completion of the renovation and addition for the Animal
Shelter
§
Received
a $104,000 grant from the NC Governor's Crime Commission to reduce truancy in the
Durham Public Schools
§
Graduated
347 jail inmates from intensive drug treatment through the Criminal Justice
Resource Center?s
STARR Program
Agenda Adjustments
- Addition
to Closed Session?Position to be taken on the terms of a possible
acquisition of property known as the Preserve at Erwin Trace, PIN #
0801-03-12-7186 (Appended by Interim County Manager Wendell Davis)
Minutes
Vice-Chairman Heron moved, seconded
by Commissioner Cousin, to approve as corrected the September 27, 2004 BOCC/DPS
Joint Meeting Minutes.
The motion carried unanimously.
Commissioner Cousin moved, seconded by Commissioner Cheek, to approve as submitted the November
22, 2004 Regular Session Minutes of the Board.
The motion carried unanimously.
Announcement?Closed
Session
Chairman Reckhow announced that the 4:00 p.m. Closed
Session resulted in no action being taken by the Board; however, the Closed
Session would resume December 14 (tomorrow) at
4:30 p.m. A motion for continuation
would be required prior to adjournment of this meeting.
Resolution for ?The
Durham Bill of
Rights Defense Committee"
WHEREAS, Durham
County is committed to
the human rights of its citizens and to actions that preserve and protect those
rights; and
WHEREAS, Durham County recognizes and respects the civil
rights and liberties guaranteed to all by the Bill of Rights; and
WHEREAS, Durham County is committed to upholding the civil
rights and civil liberties of all persons in Durham and their free exercise and
enjoyment of any and all rights and privileges secured by the Constitutions and
the laws of the United States and the State of North Carolina; and
WHEREAS, rights such as freedom of religion, of speech, of
the press, and of association, and the right to disagree with governmental
policies; and
WHEREAS, the right to privacy within one?s home, free of
searches and seizures in the absence of probable cause, or specific evidence of
criminal behavior; and
WHEREAS, the rights to be informed of charges made, to
counsel, to reasonable bail, and to a fair trial by jury; and
WHEREAS, the right to humane treatment under all
circumstances, including when arrested or jailed, should all be upheld; and
WHEREAS, the Bill of Rights Defense Resolution adopted by
the Durham County Commissioners on September 22, 2003 shall be re-affirmed:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the
Durham County Board of Commissioners,
do hereby affirm our support of
The Durham Bill of Rights
Defense Committee
and the basic rights outlined above,
for all residents of Durham
County.
This the 13th day of December, 2004.
North Carolina Council of Community Programs
Partnerships to Improve Services
2004 Programs of Excellence Award
Presented to
Durham Center System of Care
Durham?s System of Care
Promotes Shared Responsibility and Accountability for
Family-Centered Planning, Services, and Supports.
December 2, 2004
By
NC Council of Community Mental
Health, Developmental Disabilities, and Substance Abuse Programs
Presentation of
Anchor Awards to County Engineer Glen Whisler, Project Manager Peri Manns,
Senior Project Manager Ademola Shobande, and Utility Division Manager Chuck
Hill
Chairman Reckhow invited Glen Whisler, Peri Manns, Ademola Shobande,
and Chuck Hill to come forward and receive their Anchor Award plaques, along with
their $200 checks and congratulations.
Consent Agenda
Commissioner Cousin moved, seconded
by CommissionerCheek, to
approve the following consent agenda items:
*a. Property Tax Releases and Refunds for Fiscal
Year 2004-05 (accept the report for November 2004 and authorize the Tax
Assessor to adjust the tax records as outlined);
*b. Budget Ordinance Amendment No.
05BCC000023?Social Services (approve $5,921 in additional funding for Durham?s Home and
Community Care Block Grant);
c. Amendment to the Contract between
Triangle J Council of Governments and Durham County
(approve the contract extension);
d. Lease
of the Animal Shelter and Amendment to APS Service Contract (approve the Lease
and the Amendment and authorize the Manager to execute);
*e. Durham Board of County Commissioners? 2005
Meeting Schedule (approve the schedule as presented);
g. Extension
of the Listing Period for Business Personal Property (delegate the Tax Assessor
authority to grant extensions until March 15, 2005 for business personal
property owners who request in writing);
*h. Stanford L. Warren Branch Library Project?Right
of Way Dedication and Plat (approve the Dedication and corresponding Plat which
will be recorded in the Durham County Register of Deeds Office);
*i. Amendment to Articles of Incorporation for
Durham County Hospital Corporation (approve the Resolution);
*j. Release of Property from Judgment (approve
the release of 12 Fisher Placefrom the current judgment);
k. Request for Exemption to Competitive Bidding Law for Purchase of
Used Goods (exempt the
Division of Emergency Management for the purchase of used Motorola digital
radios and additional accessories from Motorola Inc.; authorize the Manager to
enter into a Purchase of Goods contract with Motorola for $129,000.08);
*l. Confirmation of Appointees to the Durham
Cultural Master Plan Advisory Board (approve and
confirm the appointees);
m. Designation
of Voting Delegate to the Legislative Goals Conference (appoint Chairman Reckhow as the voting delegate and
Vice-Chairman Heron as the alternate delegate);
n. Board
and Commission Appointment (appoint Anna P. Andrews to the Farmland Advisory
Board to represent the Eno Voluntary Agricultural District);
p. Lease
Renewal (The Durham Center) (approve a new lease with N.C. Mutual for 501
Willard Street from December 1, 2004 through November 30, 2007, at a rate of
$13,376.98 per month);
*s. Extension of Civic Center Management and
Catering Agreements (enter into the Agreements with the City of Durham and the
Shaner Hotel Group Properties Two Limited Partnership extending the term of the
current Agreements to February 28, 2005); and
*t. Capital Project Ordinance Amendment
No. 05CPA000008?DC083 Open Space and Farmland Preservation Capital Project
(approve to increase the Project from $700,000 to $1,121,000 to reflect two
grant awards to the County).
The motion carried unanimously.
Consent Agenda Items Removed for Discussion
Consent Agenda
Item No. o. 9-1-1 Interlocal Agreement between the County of Durham
and the City of Durham
(approve the Interlocal regarding 9-1-1 communications).
Commissioner Cheek moved, seconded
by Vice-Chairman Heron, to approve the Interlocal regarding 9-1-1
communications, subject to the changes outlined regarding the term and the
stipulation regarding the capital improvement plan.
The motion carried unanimously.
Consent Agenda
Item No. r. Budget Ordinance Amendment No. 05bcc000024?E-9-1-1 Surcharge Fund (approve
for adjustment of the 9-1-1 Surcharge Fund Wire-line budget from $1,898,638 to
$3,250,639 and Wireless budget from $872,496 to $817,000 for a total budget
increase of $1,296,505; this will require the use of 9-1-1 Fund balance for $2,206,639
from Wire-line and $565,000 from the Wireless line for a total fund balance
allocation of $2,771,639).
Commissioner Cheek moved, seconded
by Commissioner Page, to direct
staff to proceed as outlined by the Budget Director.
The motion carried unanimously.
Durham Open Space Commission Matching Grants Recommendation
Bill Renfrow, Matching Grants Administrator, stated that the
Matching Grants Program (funded by Durham
County) is a subcommittee
of the Durham Open Space and Trails Commission (DOST), which comprises
volunteers with expertise in various areas and connections to conservation
groups within the County. DOST makes
recommendations to both the Board of County Commissioners
and the City Council. Mr. Renfrow
introduced Guillermo Rodriquez, a member of the Matching Grants Committee, to
provide an overview of the recommendation and answer potential questions.
Mr. Rodriquez commented that the Matching Grants Committee
of DOST received two applications for funds to assist nonprofit community
organizations with recreational and open space projects. The following financial summary shows the
Commission?s recommendation for funding one application for a total of $28,543
using part of the $85,000 of contractual funds requested and recommended under
the General Fund, ?Open Space Matching Grants" Organization of the County?s FY04-05
Budget.
|
2004
CYCLE MATCHING GRANTS
APPLICATIONS
|
|
|
|
|
Applicant / Project
|
Request
|
Cost
|
Grant
|
|
Forest Hills
Neighborhood Association/Walking Trail
|
$
28,543.00
|
$ 57,543.00
|
$
28,543.00
|
|
SEEDS/Farmer?s
Market Pavilion
|
49,000.00
|
525,692.00
|
*-0-
|
|
|
|
|
|
|
Total
|
$ 77,543.00
|
$ 583,235.00
|
$
28,543.00
|
*Application is being revised and may be recommended for
funding in early 2005.
This recommendation to allocate $28,543 of grant funds
represents a gain to the County of $29,000 in matching funds as more than half
the project?s proposed value of $57,543.
Mr. Rodriquez requested approval by the County Commissioners for
funding the Forest Hills Neighborhood Association walking trail project and the
$28,543 allocation of budgeted Matching Grants Funds.
Commissioner Cheek moved, seconded
by Vice-Chairman Heron, to approve funding the Forest Hills Neighborhood
Association walking trail project and the $28,543 allocation of budgeted
Matching Grants Funds.
The motion carried unanimously.
Presentation of 911 Five-Year Capital Plan
Jim Soukup, Director of the Emergency Communications Center,
stated that a comprehensive Five-Year Plan has been developed and was recently
shared with the 911 Advisory Committee. Vice-Chairman
Heron asked that the plan be presented to the County Commissioners. During the last Joint City-County Committee
meeting, Mr. Soukup was asked to meet with City and County budget directors to
begin to determine the implications for the CIP currently being developed in
both organizations. That conversation
has taken place and budget staff will bring specifics forward when the CIP is
presented.
Mr. Soukup elaborated on the following plan:
D.E.C.C Five-Year Plan
Year One?2004/2005
A. Purchase C.A.D. System ? Cost of $2.7
million. This project will take
approximately 8 to 10 months to complete.
Anticipated signing by December 31, 2004. Funding Source 9-1-1 Telephone Revenue
Accounts
B. Renovate Electrical System ? Cost of
$90,000. Department of General Services
estimates 4 to 6 months to finish.
Funding Source ? 9-1-1 Telephone Revenue Accounts
C. Submit Proposal for new joint
9-1-1/E.O.C.Building into the C.I.P. process.
Preliminary cost of $6 million based on 30,000 sq ft. Funding source to
be determined by City/County managers.
D. Begin new ESN Mapping and E9-1-1 Database
system that will detail zones for various agencies instantly upon receiving a
9-1-1 call. Feasibility
study of including city/county addressing as part of D.E.C.C. operations. Cost of $103,000 for personnel salary. Funding source 9-1-1
telephone revenue accounts.
E. Upgrade E 9-11 Phone system Computer and add
additional workstations that can process requests and statistical data more
effectively. Cost of
$268,744. Funding
source 9-1-1 telephone revenue accounts.
F. Logging Recorder system upgrade. Cost $63,106.
Funding Source ? 9-1-1 Telephone Revenue Accounts
Year Two?2005/2006
A. Remodel Dispatch Room to accommodate
seventeen positions; an increase of five additional consoles in the current
work area. Cost $350,000. Funding source 9-1-1
telephone revenue accounts.
B. Implement new C.A.D. system Budget for
training costs of all Telecommunicators on new system. Estimated cost $67,300. Fiscal Year 2005/2006. Funding to be determined by
City/County managers.
C. Budget for Architect and Engineering Drawings
for New Center. Estimated cost $600,000
Fiscal Year 2005/2006. Funding to be determined by
City/County managers.
D. Finish new ESN Mapping and E 9-1-1 Database
E. Begin hiring new communications personnel at
the rate of 4 per quarter in order to bring staffing to acceptable levels and
observe audit recommendation of 16
additional personnel; focus to be on bilingual hires. Estimated cost with
benefits $338,662 Fiscal Year 2005/2006.
Funding to be determined by City/County managers.
F. Viability study of combining operations with
Durham Sheriff?s Office.
G. Receive Accreditation from N.A.E.M.D. Cost of
$2,000. Fiscal Year
2005/2006. Funding
to be determined by City/County managers.
Year Three?2006/2007
A. Finish hiring of additional communications
personnel
B. Begin specialized training of communication
personnel to include critical incident on scene dispatching, and specialization
inside the center between Fire/EMS and Law enforcement. Estimated cost of $75,000. Possible funding from 9-1-1 Telephone revenue
accounts.
D. Consolidate operations with Durham S.O. if
study reveals it warranted and acceptable
Funding Source ? 9-1-1 Telephone Revenue
Accounts
E. Purchase a Reverse 9-1-1 system. Estimated initial cost $65,000, with annual
maintenance of $35,000. Funding Source ?
9-1-1 Telephone Revenue Accounts
F. Finalize
budget for new 911/EOC facility
Year Four?2007/2008
A. Begin Construction of new joint 911/E.O.C.
facility. Estimated cost for furniture,
equipment, computers, telephone system $2.3 million. Funding Source ? 9-1-1 Telephone Revenue
Accounts
B. Begin Accreditation process through
A.P.C.O./C.A.L.E.A Estimated cost $40,000.
Fiscal Year 2007/2008. Funding to be determined by
City/County managers.
Year Five?2008/2009
A. Move into new 911/E.O.C. facility.
B. Redesign current facility to serve as a
backup center or remodel the Duke facility, which would include renovation of
the electrical system, U.P.S. equipment, and furniture. Estimated cost $1.3 million. Funding Source ? 9-1-1 Telephone Revenue
Accounts
C.
Receive
Accreditation from A.P.C.O./C.A.L.E.A.
Wireline Surcharge
Estimated Balances
Fund Balance FY 2004-2005 $ 405,429
Fund Balance FY 2005-2006 $ 497,233
Fund Balance FY 2006-2007 $ 799,037
Fund Balance FY 2007-2008 $1,240,841
Fund Balance FY 2008-2009 $1,682,645
minus equipment needed for new facility that will be lease purchased or paid
for. This will bring the balance down to
a very small sum.
Wireless Surcharge Estimated Balances
Fund Balance FY 2004-2005 $ 619
Fund Balance FY 2005-2006 $ 138,619
Fund Balance FY 2006-2007 $
276,619
Fund Balance FY 2007-2008 $ 414,619
Fund Balance FY 2008-2009 $ 552,619 minus equipment needed for new
facility that will be lease purchased or paid for. This will bring the balance down to a very
small sum.
Durham Public
Schools?Acquisition of Property for Improved Bus Access at the New Pearson Elementary School
Dan Jewell, representing Coulter, Jewell, Thames,
PA, stated that the firm is assisting Durham
Public Schools in designing and requesting approvals on the New Pearson Elementary School (to be constructed on the northern
end of the Hillside
High School site). On December 9, 2004, the Board of Education
approved the $7,000 purchase of a vacant parcel adjacent to the New Pearson
Elementary School site to
ensure safer access for buses, cars, and pedestrians as well as the public
trail system. The property is known as Lot 18, Plat Book 20, Page 137 (PIN# 0820-15-64-8220). Mr. Jewell provided further details about the
proposal.
Closed Session
Commissioner Cousin moved, seconded
by Commissioner Page, for the Board to adjourn to closed session to instruct
staff concerning the position to be taken on the terms of possible acquisition
of 306 S. Roxboro Street owned by Scarborough and Hargett Funeral Home and the
Preserve at Erwin Trace owned by Duke University [NCGS § 143-318.11(a)(5)].
The motion carried unanimously.
Reconvene to Open
Session
Chairman Reckhow announced that direction was given to staff
in closed session; no action was taken.
Commissioner Cheek moved, seconded by Vice-Chairman
Heron, to adjourn into closed session pursuant to
G.S. 143.318.11(a)(6) to consider the initial
appointment of a public officer.
The motion carried unanimously.
Reconvene to Open Session
Chairman Reckhow declared that the Board met in Closed
Session to discuss the possible rehiring of former County Manager Michael M.
Ruffin.
Commissioner Cheek
moved, seconded by Vice-Chairman Heron, to reappoint Michael M. Ruffin as
County Manager at an annual salary of $142,500; starting date?
December 20, 2004; subject to a contract and special conditions for re-employment
including:
·
enhanced
communications with the Commissioners;
·
priority?restructure
the Human Resources Department; and
·
restructure the County?s audit process.
The motion carried with
the following vote:
Ayes: Cheek, Heron, and Reckhow
Noes: Cousin and Page
Adjournment
Chairman Reckhow adjourned the meeting at 7:40 p.m.
