THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, August 23, 2004
7:00 P.M. Regular Session
MINUTES
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
Opening of Regular Session?Pledge of Allegiance
Agenda Adjustments
- Commissioner
Bowser asked to make an announcement.
9(j) FY 04-05 Service Contract With Unique
Management Services Inc.
- Sheriff
Worth Hill requested that ?Recognition of the 24th Basic Law
Enforcement Training Academy Cadets" follow ?Recognition of Outstanding
State and National Awards for Deputy William K. Dodson".
- Chairman
Reckhow added a resolution honoring the Durham
Committee on the Affairs of Black People and its annual banquet honorees.
Minutes
Commissioner Jacobs moved, seconded
by Commissioner Heron, to approve as submitted the August 9, 2004 Regular
Session Minutes and to approve as corrected the
June 7, 2004 Worksession and the June 15, 2004 Budget
Worksession Minutes of the Board.
The motion carried unanimously.
Resolution Honoring the Life of Dr. Charles DeWitt Watts
Sheriff?s
Office?Recognition of Outstanding
State and National Awards
for Deputy William K. Dodson
Sheriff Worth L. Hill acknowledged Deputy William K. Dodson
of the Durham County Sheriff?s Office, who was recently presented the 2004
Thrasher Award at the National Gang Crime Research Center?2004 Gang Specialist
Training Program in Chicago, Illinois.
The Thrasher Award is named in honor of Frederic Milton Thrasher, the
1927 author of the classic study of Chicago
gangs, who generated the first social scientific analysis of gangs. The Thrasher Award recognizes outstanding contributions
in research, scholarship, service, and accomplishments in dealing with the gang
problem.
Deputy Dodson was also presented the 2004 North Carolina
School Resource Officer of the Year Award at the Annual North Carolina
Association of School Resource Officers (NCASRO) Conference in July 2004. Deputy Dodson was recognized for his work
with the schools to ensure a safe learning environment and his implementation
of several gang awareness programs including TARGETS, PLAGUE, and CHANGE. The officer must be nominated by the
principal of the school in which he works.
Nominations are then reviewed by the school staff, as well as NCASRO
members.
Sheriff?s
Office?Recognition of the 24th Basic Law Enforcement Training
Academy Cadets
Proclamation??Healthy
North Carolina Month" in Durham County
Willa Robinson, Public Health Educator II, accepted the
proclamation, expressing excitement about the numerous activities the Health
Department has planned for Healthy North Carolina Month (September). She offered the website address (www.healthync.com) for citizens who wish
to learn more about the scheduled activities.
Resolution
Supporting ?Amendment One"
Chairman Reckhow announced that
the North Carolina Association of County Commissioners requested that local
governments and business organizations support a constitutional amendment to
authorize self-financing bonds as an opportunity to enhance economic
development efforts. Self financing
bonds will afford local government one more important tool to compete for new
jobs. North Carolina is currently one of only two
states without self-financing bonds. A
resolution was prepared in support of Amendment One, a constitutional amendment
that will be on the November 2 ballot.
Chairman Reckhow encouraged
citizens to learn more about this referendum item and appealed for support. She directed staff to consider ways to
promote the referendum.
Resolution for the Durham
Committee on the Affairs of Black People
Chairman Reckhow added this
resolution to recognize the Durham Committee and its honorees at the annual
committee banquet on Saturday night.
Chairman Reckhow invited the
Chairman of the Committee to come forward and receive the resolution.
Dr. E. Lavonia Allison accepted the resolution on behalf of
the Durham Committee on the Affairs of Black People. She expressed of gratitude to the
Commissioners for the resolution.
Consent Agenda
Commissioner Jacobs moved, seconded
by Commissioner Cousin, to approve the following consent agenda items:
*a. Property
Tax Releases and Refunds?Fiscal Year 2004-05 (accept the property report for
July 2004 and authorize the Tax Assessor to adjust the tax records as
outlined);
*b. Remount/Refurbish
Two EMS Ambulances (award the $99,198 contract to Southeastern Specialty
Vehicles Inc.);
c. Federal
Farmland Grant Cooperative Agreement for Russell Farm Conservation Easements
(approve the Agreement between Durham County and the United States by and
through the Commodity Credit Corporation for receipt of $251,000 towards
permanent farmland conservation easements; authorize the County Manager to
execute the Agreement);
*i. Liability
Claims and Subrogation Recovery for
FY 03-04 (receive and include the payments in the minutes).
The motion carried
unanimously.
Consent Agenda Item Pulled for
Discussion
Consent Agenda Item No. k. Rescission of EMS Laundry Service Contract Approval (rescind
prior contract approval and rebid the services
including the Durham County Living Wage Policy provisions).
The following citizens spoke, commending the Commissioners
for rescinding contract approval. They
asked the County Commissioners to have no relationship
with Angelica Textile Services in terms of a contract until the company
upgrades its standard, particularly relating to health, safety, and security
issues.
Theresa El-Amin, 17 Balmoray Court #15, Durham, NC 27707, representing Jobs with
Justice.
Paul Norman, 3016 St. Paul Street, Chattanooga,
TN 37404,
representing UNITE-HERE.
Rodelinda Dera, Durham, NC, representing Angelica employees.
Chairman Reckhow mentioned that
all future service contracts will include whether the contract complies with Durham County?s
Living Wage Policy provisions or whether the company is exempt.
Commissioner Heron moved, seconded by
Commissioner Jacobs, to rescind the EMS
laundry service prior contract approval with Angelica Textile Services and rebid the services including the Durham County Living Wage
Policy provisions.
The motion carried unanimously.
Public Hearing to
Permanently Close East and West
Institute Drive (SC04-04)
Frank M. Duke, AICP, Durham City-County Planning Director,
reported that this request is to close 6,889.28 linear feet of East and West Institute Drive, south
of Cornwallis Road, west
of Davis Drive
and north of I-40. This public
right-of-way is opened and improved. It
is proposed for conversion to a private street easement with security gates
(D04-295) at each end of the roadway. One
owner (Research Triangle Institute) owns the area within the right-of-way. No lot will be left without frontage for
access. No adverse impacts have been
identified from the proposed street closing.
The North Carolina Department of Transportation Board held a
hearing for abandonment of Institute
Drive on August 11, 2004 and voted in favor of
abandonment.
The Planning Department recommends approval of the proposed closing, subject to favorable findings under the
State statutes.
Commissioner
Heron moved, seconded by Commissioner Cousin, to approve the order permanently closing a
6,889.29-linear-foot portion of the public street right-of-way of East and West Institute Drive.
The motion carried unanimously.
Frank M. Duke, AICP, Planning Director, explained that the
request is for rezoning a
75.88-acre site located east of Junction
Road, bound by the intersection of Dodson and
Belmont Roads to the west and Woodland
Park Road to the east. PIN 0841-02-78-8940, 0841-02-88-0563,
0841-02-88-0643; 0841-07-58-7440 (partial), 0841-07-59-7390 (partial),
0841-07-69-6448 (partial). Request: R-20, R-8; F/J-B to R-10(D), R-8(D),
RM-8(D); F/J-B
The request is to rezone from R-8
and R-20 to R-8(D), R-10(D), and RM-8(D) for a residential development of 273
dwelling units: 231 detached single-family units within a cluster development
and 42 multi-family units. Access will
be provided from Dodson Road
to the west, Woodland Park Road
to the east, and the extension of Midland
Terrace Drive connecting to Junction Road to the north.
Mr. Duke noted the following development plan elements:
·
A maximum of 273 residential units: 231 single-family and 42 multi-family
·
The construction of a pedestrian connection, with
location to be determined at site plan review, to the park to the south.
·
No lots will extend into stream buffers.
·
No lots will extend into steep slopes.
·
By
referencing roadway improvements on the development plan, the applicant agrees
to construct said improvements prior to issuance of certificate of occupancy in
a manner that will allow them to function as noted on the plan and in
accordance with NCDOT and City of Durham
standards and policies. This includes
(where appropriate) but is not limited to:
adequate transition tapers, alignment of lanes through intersections,
associated signal modifications, pavement markings, associated signage, curb
and gutter, coordination with other proposed roadway improvements and bike
lanes. The applicant also accepts the
financial responsibility for acquisition of any additional right-of-way
necessary to accommodate these improvements and any required sidewalk
construction.
·
Dedication
of 100 feet of right-of-way for the Midland
Terrace Drive extension from the northern site
boundary to the southern site boundary.
·
Midland Terrace Drive extension will be constructed to
connect to Junction Road
from the development. A left-turn lane
will be provided on Junction Road
at the street entrance.
·
A
50? wide public street stub from Seford Drive to the Habitat
for Humanity (Junction Road Subdivision) property to the north. This must align with the Junction Road subdivision street stub
shown on the Junction Road
subdivision site plan.
- A
second water main feed for development of 100 lots or more.
Junction Road is the major road most impacted by the
proposed development. The nearest City
or State road improvement project is NCDOT has planned widening Holloway Street (NC
98). NCDOT is scheduled to widen the
road from a four-lane undivided road to a
five-lane section from Junction
Road west to the US 70 Bypass westbound ramp. The project is scheduled for construction
this year.
A plan amendment request for the Northeast Durham Small Area Plan, for a portion of the site from Employment Center to Low Density Residential, was
heard by the Board of Commissioners on August 9, 2004. A development plan is submitted as part of
the rezoning request. Staff recommends
approval based upon consistency with the ordinance and the small area plan,
conditioned upon approval of the plan amendment. The Zoning Committee of the Durham Planning
Commission conducted a public hearing on July 21, 2004 and recommended approval
with a vote of 4-2.
Commissioner Heron moved, seconded by Commissioner Jacobs,
to approve the rezoning?Junction
Road
(Case P04-22).
The motion carried unanimously.
Public Hearing?Rezoning?Van
Drive Lot A (Case P04-30) and Van Drive Lot B (Case P04-31)
Frank M. Duke, AICP, Planning Director, stated that the
rezoning request for Van Drive Lot A is for a 0.88-acre parcel located at 607 Van Drive at
the southeast corner of Van Drive
and Chickasaw Road. PIN 0850-02-78-1792. Van Drive Lot B is for a 0.695-acre parcel
located at 611 Van Drive,
between Chickasaw and Gus Roads. PIN
0850-02-78-1487. Both requests are RD
(Rural District) to R-20 (Residential 20 District).
The proposals are consistent with the Southeast Durham Small Area Plan.
No development plan was submitted as part of the requests. Staff recommended approval based upon
consistency with the small area plan and compatibility with the surrounding
area. The Zoning Committee of the Durham
Planning Commission conducted a public hearing on
July 13, 2004 and recommended approval with a vote of 6-0.
Chairman Reckhow opened the public
hearing that was properly advertised.
Commissioner Bowser moved, seconded
by Commissioner Cousin, to approve the rezonings?Van
Drive Lot B
(Case P04-30) and Van Drive Lot B (Case P04-31).
Hashmat Ali Syed
explained that the net effect of the rezoning request would permit the
construction of a third home or the division of two lots into three lots.
The motion carried with the
following vote:
Ayes: Cousin, Heron, Jacobs, and Reckhow
Noes: None
Absent: Commissioner Bowser was not present when the
question was called.
Major Site Plan?Rosemart (Case D03-468)
Frank M. Duke, AICP, City-County Planning Director stated
that the Watkins Development Company
submitted a major site plan for revisions to an existing 4,532-square-foot
convenience store with gasoline sales to add one automatic bay car wash and a
drive-up window restaurant on two parcels with a total of 1.13 acres, including
a landscape variation to uphold a buffer reduction to 12.5 feet with a
six-foot-high solid wood fence along the northern boundary of the Syed property. The
proposed project will be located on the southeastern corner of the intersection
of Sherron
Road and NC 98.
(PINs 0861-03-10-2245 &
3321; County Atlas Page 71, Block A-3). A traffic impact analysis was not required
for this site. The request meets all
ordinance requirements. Planning staff
recommended approval.
Commissioner Jacobs moved, seconded
by Commissioner Cousin, to approve the Major Site Plan?Rosemart
(Case D03-468).
The motion carried unanimously.
Approval of
Construction Contract for the Durham
County North & East
Regional Branch Libraries?Project No: DC073-48/50 & DC077-50; Bid No: IFB 04-037
Glen Whisler, P.E., County Engineer stated that the Board was
requested to authorize the County Manager to enter into a contract with C. T.
Wilson Construction
Co. Inc. for $7,878,440 for the construction of two new Regional Branch
Library Buildings to be located in North and East Durham (Base Bid plus
Alternates NA 1-4, NH-1, EA 1-4 & EH-1) and to execute any other related
contracts including change orders, if necessary, not to exceed the project
budget of $8,482,362. The East Branch
Library is to be located on Highway 98 east of Nichols Farm Road; the North Branch
Library is to be located on Milton
Road near Carrington Middle School.
C. T. Wilson Construction Co. Inc. submitted the lowest
combined prices for the base bids and alternates for $3,938,756 for the North
Branch and $3,939,684 for the East Branch, totaling $7,878,440, which is less
than the project estimate. Combining
both buildings in one bid package resulted in economies that will allow the
County to include the alternate bid items.
C. T. Wilson Construction proposes 0.05% MBE participation for this project and
7.51% WBE participation. C. T. Wilson
Construction
achieved the required 50 points towards good faith efforts in accordance with
NCAC 30I.0101.
On December 9, 2002, the County Commissioners
awarded a design contract to The Freelon Group Inc.
to provide architectural services to develop a prototype regional library for
the north and east locations, as well as a future south location. The scope of construction work includes site
work and building construction for two new branch libraries approximately
24,800 square feet each (steel frame and brick veneer structure), with provision for the future addition of 10,000
square feet, plus parking support and attainment of LEED (Leadership in
Energy and Environmental Design) certified buildings. Funding for both facilities
in the total amount of $12,614,716 is included in the approved Capital
Improvement Plan (CIP), of which $7,708,909 was
approved through the passage of the November 2001 bond referendum.
The Engineering Department has reviewed the bid proposals
with the Library Staff, Purchasing Department, and The Freelon
Group Inc. and recommended that the County proceed with the work s and award
the contract to C. T. Wilson. Funding
for this phase of the project in the amount $10,094,803.96 is available in the
North and East Regional Branch Library Capital Project accounts. The purchase of furniture, books, and
computer hardware will be contracted in the future. The contract completion time for this project
is 425 days for East Branch and 427 days for North Branch.
Chairman Reckhow mentioned that
the bid proposal was less than the budget estimate and would save the tax
dollars. She was pleased that the
contract included a specific completion date and a penalty, if not met. This should be incorporated in future
agreements so the County?s interest can be protected.
Mr. Whisler recognized the following people who had been
involved in the project: Philip Cherry,
Library Director; Priscilla Lewis, Administrative Librarian; Ademola Shobande, Senior Project Manager,
Engineering Department; Yolanda Moore-Gaddy, Business
Development Manager, Purchasing Department; and Philip Freelon
and Zena Howard, The Freelon
Group Inc.
Vice-Chairman Bowser moved, seconded
by Commissioner Cousin, to authorize execution of a contract with C. T. Wilson
Construction
Co. Inc.for construction of two new
regional branch library buildings, North & East Regional Branch Libraries, in the amount of $7,878,440, and
execution of any other related contracts including change orders, if necessary,
not to exceed the project budget of $8,482,362.
The motion carried unanimously.
Board and
Commission Appointments
Alcoholic Beverage Control Board
Emily A. Page
Area Mental Health Board
Emily Baldwin
Eureka Capri
Daye
Civic Center Authority
Angie Elkins
Durham Public Library Board of Trustees
Jon C. Miller
Hope L. Murdock
Elsa E. Woods
Durham Workforce Development Board
Kenneth M. Lile
James A. Stewart
Closed Session
Commissioner Cousin moved, seconded
by Commissioner Jacobs, to adjourn to closed session to prevent the disclosure
of information that is not subject to public inspection pursuant to G.S. §
143-318.10(e), to preserve the attorney-client privilege and discuss In Re:
Time Warner Cable, CSB-A-0691 and CSB-A-0706, and to consider the performance
of an individual public officer or employee pursuant to G.S. §
143-318.11(a)(1), (3), & (6).
The motion carried unanimously.
Reconvene to Open
Session
Chairman Reckhow declared that the
Board gave direction to staff in the Closed Session.
Adjournment
There being no further business, Chairman Reckhow adjourned the meeting at 10:23 p.m.
Respectfully
submitted,
Vonda
C. Sessoms
