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BOCC Regular Session Highlights for February 27, 2023
Durham, NC – On Monday, February 27, 2023, the Durham Board of County Commissioners (BOCC) met in regular session at 7 p.m. Meetings are again being held in person, in the BOCC Chambers, located at 200 E. Main Street on the second floor. There is also now a hybrid option for staff and residents who wish to join the meeting virtually via Zoom, making it possible for those who cannot make it to downtown Durham to participate.
To view the BOCC meeting, visit the Durham Television Network (DTN) on Spectrum Channel 8. Replays are available on DTN along with AT&T U-verse Channel 99, and Frontier Communications Channel 70. For more information, contact the Clerk to the Board’s Office at (919) 560-0025 or email clerk@dconc.gov.
Board Highlights:
The meeting was called to order by Chair Brenda Howerton.
All attendees were led by Commissioner Heidi Carter in reciting the Pledge of Allegiance.
Monica Wallace, Clerk to the Board read the Announcements:
- The US Department of Health and Human Services (HHS) announced this month that the federal Public Health Emergency (PHE) for COVID-19 will expire on May 11, 2023. COVID-19 remains a top public health priority, and we at DCoDPH will continue to provide vaccinations, monitor data, and provide other services to respond to the virus, but some changes can be expected as the federal government shifts from its PHE response operations. Below is more information about some of what will or will not be affected when the PHE expires in May.
- What will not change: 1. COVID-19 vaccines will continue to be widely available, and we will continue to provide them here in our building (Note: Our clinic hours will change to be Mondays, Wednesdays, and Fridays only, 9:00AM-4:00PM, closed 12:00PM-1:00PM, beginning Wednesday, March 1) 2. Access to treatments, such as Paxlovid and Lagevrio, will be generally unaffected. Telehealth options covered by Medicare will remain in place through December 2024.
- What may change: 1. Out-of-pocket expenses for COVID-19 vaccinations and treatments may change later this year, but vaccinations are expected to be covered by most private insurance plans without a co-pay. Medicaid will continue to cover vaccinations without a co-pay or cost sharing through September 2024 and will continue to cover all vaccines recommended by the Advisory Committee on immunization Practices thereafter. 2. Some Medicare and Medicaid waivers provided during the pandemic will come to an end 3. Insurance companies will no longer be required to cover the cost of COVID-19 tests, but some providers may continue to cover it 4. Mandatory Medicaid coverage for COVID-19 testing will end September 30, 2024, after which coverage may vary by state. 5. HHS will no reporting will continue through April 30, 2024. States are encouraged to continue sharing vaccination data.
- DCo Library Teen Book Festival - The Durham County Library’s Teen Librarians present the 8th Annual DCo Library Teen Book Festival on Wednesday, March 8 from 5:30-7:30 p.m. Join our panel discussions and author workshops at Main Library (300 N. Roxboro St.) as local Teen and Young Adult authors discuss books, writing inspirations, and life! Authors include Robin Talley, Haelee Moone, Serena Kaylor, and Phillip Locey. Register at DCo Library's Teen Book Festival - DCoL Events & Room Reservations - Durham County Library (libcal.com).
- Briggs Avenue Community Garden Wants You - Come learn about gardening and growing your own food as a volunteer at the Briggs Avenue Community Garden. We teach families how to grow food for themselves! Extension staff meet on Friday and Saturday mornings beginning March 3 from 9 a.m. to 12 p.m. at 1314 S. Briggs Avenue. No RSVP needed. Just come ready to learn! More info at Durham County Center | North Carolina Cooperative Extension (ncsu.edu).
- Changes for FNS - Families enrolled in Food and Nutrition Services (FNS) have gotten extra benefits each month since March 2020 or after due to the COVID-19 public health emergency. February 2023 is the last month you will get these extra benefits, called emergency allotments or maximum supplements. This is due to a federal change that will end emergency allotments for all states as of March 2023. Locally, residents may visit www.endhungerdurham.org to find food resources, including food pantries.
- 2023-2024 - Durham Youth Leadership Fund - Have an idea for a community-based project? The City of Durham Office on Youth is excited to announce the 2023-24 Durham Youth Leadership Fund (DYLF)! Young people (ages 13-24 years), community groups, and organizations are invited to apply for one-year grants ranging from $500 - $20,000! Apply by March 26, 2023, by visiting DYLF2-Info-Sheet-ENG (durhamnc.gov)
- Durham-Chapel Hill-Carrboro Metropolitan Planning Organization Seeking Feedback - the DCHC MPO seeks comment on Draft FY24 Project Swap Recommendation within the State Transportation Improvement Program. Public comments are received through March 7th and can be longer require lab test reporting for COVID-19, which may affect reporting of negative test results and impact the ability to calculate percent positivity for COVID-19 tests. Hospital data submitted directly to Kelly Fomenko at 919-560-4366 ext.36498 (kelly.formenko@dchcmpo.org).
- The Battle in the Bull Career Expo - Registration is now open for Durham’s 2023 BATTLE in the BULL Career Expo to be held on Thursday, March 30th from 10am-3pm at the Durham Convention Center. This Career Expo will feature area employers actively recruiting job seekers from all over North Carolina and more. Please register online by visiting The Battle in the Bull Career Expo (jotform.com). The deadline for registration is March 9th.
Please see the Board of Commissioners’ webpage for additional announcements.
Minutes: Commissioners approved the minutes of the January 3, 2023 Work Session, January 23rd 2023 Regular Session and the February 6, 2023, Work Session
Ceremonial Items:
The Board received presentations honoring “Black History Month” from two of Durham County’s youth. Corey Council, a 10th Grader from Riverside High School and Michael Torian, a 7th Grader at Brogden Middle School each shared their personal reflections on Black History Month. These young men represent the Thomas Mentor Leadership Academy.
The Board proclaimed March 3, 2023, as “Layne Riggs Day” in Durham County, NC. Layne was born in Bahama, N.C., and is a lifetime resident of Durham County. This proclamation acknowledges Layne’s recent accomplishments as an up-and-coming talent in NASCAR. He is a second-generation race car driver; his father Scott Riggs (also from Bahama) had an accomplished career throughout the different series of NASCAR.
The Board proclaimed March 2023 as Women’s History Month in Durham County. Our Minds Our Voices will celebrate women leaders in our society as well as rising stars as Women to Watch and Woman of Distinction to receive the “Game Changer” Award.
County Commissioners approved a resolution honoring the extraordinary service of former Acting County Attorney Willie S. Darby, who retired effective January 1, 2023. Mr. Darby always demonstrated his professional reputation as a collaborator and problem solver. He is being celebrated for his exceptional legal acumen and his commitment to public service to make a difference for all.
The Board approved a resolution honoring Len Needham, Chief of the Bahama Volunteer Fire Department (BVFD) who’s retirement was effective on January 9, 2023. Chief Needham will be remembered as a mentor, fire safety advocate, and fire service leader throughout Durham County, the State of North Carolina, and the Southeast United States.
County Commissioners approved a resolution opposing Senate Bill 49 and House Bill 43 which have been recently introduced in the North Carolina General Assembly. Senate Bill 49 “Parents Bill of Rights” prohibits instruction on gender identity, sexual activity or sexuality in grades K-4 and requires that parents be informed of any change to a student’s name or preferred pronouns. House Bill 43 “Prohibition of Certain Hormone/Surgery/Minors” would prohibit gender-affirming healthcare such as hormone treatments, puberty blockers, and surgery for people under 18. The resolution will be sent to the leaders in both chambers of the General Assembly, along with the members of the Durham Legislative Delegation.
Consent Agenda.
Commissioners considered the following items. Please see full agenda for complete details:
- Moving Existing Public School Building Capital Fund Lottery Funding Between Durham Public School Projects and Appropriating New Lottery Fund Funding to Various Existing and New Durham Public School Projects
- Resolution Delegating Authority to Approve Refunds of Overpaid Excise Taxes
- Durham County Sheriff’s Office Contract Amendment with Cornerstone Detention Products, Inc, in the Amount of $160,077, and to Authorize the County Manager to Execute Any Other Amendments Not to Exceed a Project Cost of $168,080.
- Resolution in Support of Salary Increases for NC State Juvenile Facility Personnel
- Stormwater Operations Specialists, LLC Contract Amendment in the amount of $13,050 increasing the total contract amount to $112,150 for Sewer Easement Maintenance Services
- Vision NC, LLC Contract Amendment increasing the contract by $25,000 to a total current contract amount of $141,600 for Sewer Line Cleaning, Video, and Pump and Haul Services for the Durham County Utilities Division
- Request for Consent of Access to the North Carolina Department of Environmental Quality to allow its Division of Waste Management and Contractors Access to the 721 Foster Street Site
- Approval to Renew the County’s Annual Contract with NWN to Continue the Usage of Varonis Cloud and Security Analytics Licenses in the amount of $174,222.36
- Approval to Renew the County’s Annual Enterprise Maintenance Contract with SAP in the amount of $147,815.88 for the Continuation of SAP On-premises Licenses and Support Services
- Interlocal Agreement with the City of Durham for the Administration and Enforcement of Sediment and Erosion Control Requirements by Durham County within the City of Durham
- Amendment of two Chemical Purchase Contracts for the Triangle Wastewater Treatment Plant
- Ameritech Inc. Contract Amendment in the amount of $7,600 to a total current contract amount of $109,500 for Laboratory Services for the Durham County Utilities Division
- Additional Funding for Contract with Teague Campbell Dennis & Gorham LLP
- Durham County Matching Grants Program - Approval of FY 2022-23 Grant Cycle
- Capital Project Amendment Appropriating $3,500,000 of PAYGO Funding to Create both the Board of Elections S. Roxboro Renovation Project (47302645DC155) and the Shoppes of Hope Valley Roofing and HVAC project (47302645DC156), as well as Authorize the County Manager to Execute a Contract for Architectural Design Services with RND Architects for both Projects
- Budget Amendment and Capital Project Amendment appropriating $2,079,600 of Sewer Utility Fund Fund Balance to the New Supervisory Control & Data Acquisition System (SCADA) Upgrade Capital Project (SE061); Budget Amendment No.23BCC000065 Appropriating $15,000 of General Fund Fund Balance to the Rougemont Fund Center to Cover the Cost of Upgrading the Rougemont Supervisory Control and Data Acquisition System (SCADA); as well as Authorize the County Manager to Execute a Contract with CITI, Inc. for the Installation of the SCADA Upgrade Project in the amount of $1,745,500 and Execute Any Related Contract Amendments Not to Exceed a Total Project Budget of $2,094,600
- Budget Amendment and Capital Project Amendment Appropriating $590,436 of Sewer Utility Enterprise Fund Fund Balance and Transferring Those Funds to the New Triangle Wastewater Treatment Plant Access Control and Video Management System Capital Project (SE060); Awarding the Request for Proposal (RFP 23-006) Contract to Brady Integrated Security, Inc.; as well as Authorizing the County Manager to execute the contract in the amount of $536,760 and execute any related contract amendments not to exceed a total project budget of $590,436.
- Interlocal Cooperation Agreement for the Division of Sales Tax Between the County of Durham and the City of Durham July 1, 2023 to June 30, 2024
- Approval of Interlocal Agreement with the City of Durham to Support the Bull City United Program
- Budget Ordinance Amendment to Increase Expenditure and Revenue in the General Fund by $150,000 and Approval of a Short Term Property Management Agreement with The Wood Group, LLC for the Shoppes of Hope Valley located at 3825 S. Roxboro St. Durham, NC 2770
- Juvenile Crime Prevention Council Appointment
- 2022 Board of Adjustment Annual Report
- 2022 Durham City-County Appearance Commission Annual Report
- 2022 Durham Open Space and Trails Commission Annual Report
- 2022 Historic Preservation Commission Annual Report
- 2022 Planning Commission Annual Report
- Property Tax Releases and Refunds for January 2023
- Capital Project Amendment Appropriating $193,921,011 in 2022 General Obligation Bond Funds for Multiple Durham Public School Capital Projects
Please see full agenda for a complete list and details of approved Consent Agenda Items.
Public Hearings
- The Board held a public hearing awarding a total of $290,000 to Kempower Inc. for Project Fast and to authorize the County Manager to negotiate and execute a performance agreement with Kempower Inc. for Project Fast. The project will establish an advanced manufacturing and distribution facility in Durham County, creating 601 jobs and investing $41,250,000 over five years.
- The Board held a public hearing, receive public comments on the request to approve the permanent closing of a 954 linear foot portion of Hinesley Drive, a 957 linear foot portion of Meridian Street, and a 960 linear foot portion of Pollard Avenue, which are not maintained by the North Carolina Department of Transportation. The Board voted to permanently close a 954 linear foot portion of Hinesley Drive, a 957 linear foot portion of Meridian Street, and a 960 linear foot portion of Pollard Avenue.
- The Board conducted a public hearing and received public comments on the Unified Development Ordinance Text Amendment, Sedimentation and Erosion Control (TC2200005) They adopted an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 12, Infrastructure and Public Improvements; and Article 15, Enforcement; and approve the appropriate Statement of Consistency pursuant to NCGS §160D-605.
Other Business
The Board approved a resolution which authorizes the negotiation of an amendment to an installment financing contract in connection with the execution and delivery of a not to exceed $235,000,000 Limited Obligation Bonds (the Bonds”). The resolution makes certain findings of fact, directs the Chief Financial Officer to make application to the North Carolina Local Government Commission (LGC), hires a financing team and calls a public hearing on the delivery of a contract amendment and the related projects to be financed and refinanced thereby.
Board and Commission Appointments
The Board made appointments to the following boards:
- Adult Care Home Community Advisory Committee -Tiketha Collins
- Board of Health - Darryl Glover
- City-County Appearance Commission - Liz Gage
- Durham Open Space and Trails Commission - Jeffrey Bakalchuck
- Historic Preservation Commission - Deborah Greene (At-Large); Michael Vampran (Registered Landscape Architect)
- Juvenile Crime Prevention Council - LiBria Stephens
- Library Board of Trustees - Carl Newman
Congratulations to the newly appointed members!
The Board adjourned the meeting at 9:36 p.m.
Please tune into the next regular meeting, which is scheduled for Monday, March 13, 2023.
To view the agenda and recording of the BOCC Regular Session Meeting, visit the BOCC’s Web site. For more information about BOCC meetings, contact the Clerk to the Board's Office at 919-560-0025 or email clerk@dconc.gov.
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