Board of Commissioners · Regular Meeting · February 27, 2023

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Board of County Commissioners

February 27, 2023 · Full Transcript

So we will.

We have a closed session commissioners the board is requested to adjourn into closed session for the following to prevent the disclosure of information that is privileged or confidential pursuit to the law of this state or of the United States or not considered a public record within the meaning of chapter 132 of the general statute GS 143-318.11a. Also to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body in the matter of case number 23 CVS s 64164 Fulton and Junior Woods versus Sarah Bradshaw which privileges hereby acknowledge.

Gs143-318-11a3 I will entertain a motion to go into closed session so moved okay it's been moved improperly second and if I'm just going to say all in favor aye motion passes we're in closed session foreign.

No action is needed at this point I will read our public the public charge the Board of Commissioners asked its members and citizens to conduct themselves in a respectful courteous manner both with a board and fellow citizens at any time should any member of the board or any citizen fail to observe for public charge the chair will ask the offending person to leave the meeting until that individual regains personal control should the Quorum fail to be restored the chair will recess the meeting until such time that a genuine commitment to the public charge is observed you will stand with me as commissioner cardio if you will lead us in the public in the Pledge of Allegiance.

To the Republic for which stands under God indivisible with liberty and justice for all thank you. Are there any agenda adjustments from the board Monica did you have one no me I thought I saw your hand to us okay you're none I will move on to our announcements and our clerk Monica Wallace will read our announcements good evening everyone I will Begin by reading the announcements for tonight's meeting they're also on our website as well as in your agenda packet our first announcement is kind of lengthy it is regarding the covid-19 vaccines the U.S Department of Health and Human Services has announced this month at the federal Public Health Emergency for covid-19 will expire on May 11th covid-19 Remains the top health top Public Health priority and we at the Department of Public Health 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 Public Health Emergency Response operation.

Below there are a list of things that will and will not be affected when the phe expires in May what will not change covid-19 vaccines will continue to be widely available and will continue in the Department of Public Health will continue to provide them at the building the clinic hours will change to be Monday Wednesdays and Fridays only from 9 A.M to 4 P.M closed 12 P.M to 1 pm beginning Wednesday March 1st access to treatments will be generally unaffected Telehealth options covered by Medicare will remain in place through December 2024. what may change are out-of-pocket expenses for covid-19 vaccinations and treatments they may change later this year but vaccinations are expected to be covered by most private insurance plans without a copay some Medicare and Medicaid waivers provided during the pandemic will come to an end insurance companies will no longer be required to cover the cost of covid-19 tests but some providers may continue to cover it mandatory Medicaid coverage for covid-19 testing will end September 30th 2024 after which coverage.

May vary by state and the HHS will no longer require lab testing reporting for covid-19 which may affect reporting of negative test results and impact the ability to calculate percent positivity for covid-19 tests I'll continue on with our next announcement decode Library teen Book Festival the Durham County Library's team Librarians present the eighth annual decode Library teen Book Festival on Wednesday March 8th from 5 30 to 7 30. you can join the panel discussions and author workshops at the main library located at 300 North Roxboro Street as local teens and young adult authors discuss books writing Inspirations and life you can register at durhamcountylibrary.livecal.com Briggs Avenue community garden wants you come learn about the gardening and growing your own food as a volunteer at the Briggs Library community garden we teach Families how to grow food for themselves extension staff meet on Friday and Saturday morning beginning March 3rd from 9 A.M to 12 p.m at 1314 South Briggs Avenue no RSVP is needed just come and learn there will be changes to food and.

Nutrition services families enrolled in FNS have gotten extra benefits each month since March 20th I'm sorry since March 2020 or after due to the covid-19 emerge Public Health Emergency February 2023 is the last month you will get those 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 there is a website where you can go to to find out additional information and local residents can visit www.inhungerderham.org to find food resources including food pantries the 2023-24 Durham youth leadership fund if you have an idea for a community-based project the city of Durham office of Youth is excited to announce the 2023-24 Durham youth leadership fund youth people ages 13 through 24 years old Community groups and organizations are invited to apply for one-year grants ranging from 500 to 20 000 you can apply by March 26 by visiting and there is a link for that Durham Chapel Hill Carrboro Metropolitan planning organization is seeking feedback.

The dchc mpo seeks comment on draft fiscal year 24 project swap recommendation within the State Transportation Improvement program public comments are received through March 7th and can be submitted directly by reaching out to Kelly fomenko her contact number is 919-560-4633 I'm sorry 4366 extension 36498 there's also a link to take the online survey and lastly 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 10 a.m to 3 P.M at the Durham Convention Center this career Expo will feature area employers actively recruiting job Seekers from all over North Carolina you do have to register and there is a form online the deadline for registration is March 9th that concludes the announcements that I have thank you Miss Wallace we appreciate that so our next item Commissioners is on minutes we have our work session for January 3rd 23.

A regular session January 23rd 23 and a work session February 6 23. are there any edits or any additions to the minutes during none I'll ask for a motion to for approval Madam chair I move that the work session regular session minutes as noted the approved okay he's been moved and properly second all in favor aye passes five to zero the next item Commissioners is about our Black History Month in recognition and before we bring our young people I just want to say you know I was looking through the children's defense fund today and that a statement and it says it is not often that a young person or anyone's life when great leaders and great turning points in history converge and sweep Us in and up in a moment and my generation was blessed Beyond measures to be in the right place at the right times to experience and help bring transforming change to the South and to America black students have been galvanized by the February 1st.

By February one million 100 966 down demonstrations by four black North Carolina North Carolina a T State University students at woolworx large County in Greensboro North Carolina many black students in Atlanta and elsewhere were equally ready to strike our blow for freedom and in March suited leaders and the student body president from each of the black colleges making up this Atlanta university colleges Morehouse Spellman clock more Brown Atlanta University and the inter-denominational theological center came together to sign an appeal to human rights now now a new generation of students is preparing to make the change we need today and as we bring our young people today these are our Durham County's Youth Cory Council a 10th grader at Riverside High School and Michael Duran a seventh grader at broaden High School these two young men represent Thomas Mentor Leadership Academy welcome you would go to the mic and we'll have you read your.

Good evening I would like to take a moment to acknowledge chairwoman Brenda Howerton and the rest of the Durham County Commissioners my name is Cadet Corey Council I am in the 10th grade a part of the Thomas Mentor Leadership Academy and attend Riverside High School today I was asked what black history means to me and I will answer this question in the form of a poem. All around me I can see black history coming to me whether it's in the street right in front of me or happens so fast like a heartbeat black history is around me whether it's on the news or last night's late Blues black history is me and you in the past it was not fair that they took our own Flair now in the present you get to show how we represent oh and we don't easily get bent along the way we got some help to express how we truly felt we're answering our calls for hope.

Not let our voices die out so do everything yell Scream and Shout you must not let them drown us out or another fight will break out thank you.

Good evening Madam chair Howerton good evening the board of County Commissioners and the county manager Dr soell Dr Sowell we know you are making black history as the first black woman County Manager in Durham thank you Mr Thomas and Mr Campbell for this opportunity I am Michael torian of the Thomas Mentor Leadership Academy and I attend Brogden Middle School in seventh grade what does black history mean to me black history means a lot of things to me for many reasons and this evening I will share with you one reason is my great grandfather and great-grandmother Willie and Mary dunnigantorian they are the reason that I am here I'm at a shamikitorian is also the reason why I'm here another reason is the opportunities many black people who opened up to us over the years I hope it's become an astronaut there are many black people who opened up the door for this opportunity to travel in space like Mrs Catherine Johnson who worked at NASA Mrs Captain Johnson was an African-American human computer and.

Mathematician who was critical to the success of the first space flight guy on Bluford the first African-American in space Frederick D Gregory was the first African-American to Pilot and command a space shuttle mission and Mrs Mae Jemison the first African-American woman in space are all Inspirations to me and I will keep their accomplishments in my mind as I pursue my goal to be the first person to walk on Mars thank you wow can we have all the individuals from Timeless mentoring please stand so the audience get to see you everyone from Thomas Metro.

Parents yeah my parents.

Commissioners all right comments. Nothing well I just wanted to say congratulations and thank you so much to both of you for for your poem and and your credible history lesson as well I learned so much from you and it's just wonderful to see both of you two of our brilliant brilliant Durham public school students and members of our community thank you for being with us tonight. Commissioner Burns man can you hear me okay mine is really really quick you know I look at two of you you know like two little scientists sitting there maybe think about George Washington Carver he said where there is no vision there is no hope and you two have just outlined a very beautiful vision for you for all of us and I look forward to seeing what you all do in the future and thankful to the academy for everything that you do in this community thank you for building up our next generation of leaders because I want to make sure that the person that.

Sits in this seat next is somebody that thinks like these two so you know can thank you to the parents for getting them here and thank you for being the best part of Black History Month tonight. And I also want to thank you Mr Taurean and Mr Council I think I have your name try to hope so you did such a good job of introducing yourselves and I'm not doing as good a job of remembering your whole name but thank you so much for being with us tonight for coming for sharing your history points of history that are inspiring you and your wonderful poem is very meaningful for us and you just made this meeting so special thank you for coming and thanks to your parents for bringing you yeah and keep up the great work a manager have anything I will just say our future is very very bright and we can see why I look forward to what you all will do in our community thank you for being here and thank for.

Your acknowledgment about ready to make me cry I wanted to thank Deborah Craig Ray for making sure that this happens and the two leaders of the Thomas mentoring is here so if you'll let people know who you are.

Positive. Good evening.

Okay. But.

Absolutely.

Don can you get their picture I saw Don where did she go she's can you get their pictures young men you want to come up front and have.

Laughs.

Okay.

All right thank you. Thank you so much all right so our next Proclamation is if we could have commissioner Alum is on the zoom we will ask her she will read this one I said the board is requested to Proclaim March 3rd 2023 that's Lane Briggs day in Durham County 23. Shalom. Okay commissioner Jacobs would you read that one then if you can't get her oh do you have it here it is.

The Durham Board of Board of County Commissioners Proclamation Lane Riggs day 2023 whereas Lane Riggs son of Scott and Jay Riggs was born on June 11 20 2002 in the city of behema North Carolina and was born and raised in Durham County North Carolina and whereas Lane is a second generation race car driver following in his father Scott's footsteps as he begins his journey through the ranks of NASCAR with Inspirations of making it to the cup series and whereas Lane 1 the 2022 NASCAR Advance Auto Parts weekly series National Championship at 20 years old becoming the youngest national champion in weekly series history and whereas Lane started in 43 weekly series races in 2022 securing 16 victories 30 top 5 and 38 top 10 finishes also winning the South Boston Speedway track championship and whereas Lane during his pursuit of the weekly Series championship also made his Nascar truck series debut starting in three races and securing his first top 10 finish and whereas Lane received all his Motorsports accomplishments while.

Balancing being a full-time student as he attended School in North Carolina for his undergraduate degree now therefore I Brenda a Howerton chair and on behalf of the Durham County Board of Commissioners do hereby Proclaim March 3rd 2023 as Lane Riggs day in Durham County North Carolina this the 27th day of February 2023 so do we have anyone here. Okay. Would you give would you give us your name and address please name and address please Lane rigs 216 Preston Andrews Road North Carolina. Home address I'm Lane Riggs thank you for having me here tonight all the Board of Commissioners of Durham I was born and raised in in Durham County I called baham in my home but it is in Durham County I'm very thankful to be here tonight thank you to NASCAR thank you to Advanced Auto Parts all my family friends team the team that got me to all those victories this season they are a family to me so it's great to have them here tonight I know there's plenty of.

People watching on the live stream to support so thank you very much this is because of my personal accomplishments in racing but no matter what it's always a great thing to be here so and be recognized by a great community and I'm very happy to be part of it so standing here is national champion of the NASCAR Advance Auto Parts weekly series it's a great feeling I know that I have support and fans cheering me on here in Durham County and we'll keep going in the future to make that a lot better again I'm thankful to receive this recognition from the Durham County Board of Commissioners I'm excited to get back on the track keep making the community proud thank you thank you.

Any comments from commissioners comments from Commissioners and commissioner long is on Zoom and we've been having some technical difficulties to see if I could we could get her still can't get her online why are we doing that I want to come see a race throwing that out there. I just wanted to say congratulations Lane you you make all of us proud and and congratulations to your family and and everyone who's part of Team Lane I'm sure there's a big team there so congratulations and we look forward to your future successes and yes please do invite us to let us know when we can come watch you I I know I know we have our clerk will be there he is a big Nascar fan Maceo yes so this is very exciting thank you Carter well I'll just also say congratulations and boy we do have a a wide range of talent in our community you know everything from poetry earlier tonight now fast driving NASCAR racing look forward to maybe maybe coming to a race.

So best wishes going forward and drive safely well we appreciate you taking the time out of your day to be here and and we look forward to seeing you raise commissioner Alum has been she's on Zoom trying to get in but we've got some difficulty with the technology since she's not able she can hear us she just can't speak okay all right so Commissioners we're going to move on to Nick's Proclamation we have quite a few tonight the next one is 230 137 and we moved forward with this one for this month given that there's an event coming up first of the month that we wanted to go ahead and get this one done and is someone was supposed to be here tonight do we have anyone here to accept it if not okay yeah she's here okay I'll read this one and then you come to the podium if you'd like to have something a comment Durham County Board of Commissioners Proclamation women's History Month 2023 Durham County honors.

The celebrated women leaders in our history as well as our young women of Distinction we honor these outstanding women whose contributions to our County's life culture history economy and families have shaped us and helped us fulfill the promise of Durham County whereas women have played and continue to play critical economic cultural spiritual and social role and every spear of a life of the city of Durham and whereas women have and continue to thorough through that to through their work improve communities families and individuals throughout Durham the state of North Carolina and our nation and whereas women have paved the way for others in the fields of public policy education medicine business Health social justice Fashion Beauty technology and solar energy and whereas we are proud of our County's achievements in promoting women's full participation in all aspects of life and firmly commit to supporting women's continued achievement in Durham County and now therefore be it resolved by Brenda Hamilton chair of the board of County Commissioners and on behalf of the board.

Of Board of County Commissioners do hereby Proclaim March 2023 as women's History Month in Durham County North Carolina and furthermore support the activities of Acura Galleria also known as Acura Saloon and boutique on the first day of March in recognition of women's History Month this the 27th day of February 2023. Board of Board of County Commissioners okay go ahead if you'll give us your name and address please sure good evening everyone my name is Michelle Boyette Rouse my address is 1006 Grandover Drive Durham thank you chair Howerton and the board for having me on behalf of our minds our voices and the aura Galleria our minds our voices is a luncheon that's held every year in March during women's History Month to celebrate and acknowledge women in the fields of business medicine politics and also our young ladies and who are in high school and college as the women to watch and the game changers will have the celebration this Friday coming March 3rd at 11 A.M at the JB Duke Hotel.

You're welcome to join us and thank you for this honor foreign thank you so much we appreciate you being here and the event has always been very very Grand thank you that's a good word that I could the way to describe to describe it as Grand and we look forward to it again thank you very much and it will be just as Grand this Friday thank you everyone Mr nurse any comments okay you know we'll move on to the next Proclamation okay this was this one is a resolution it's honoring the retirement of our former acting County attorney the board is requested to approve resolution honoring the extraordinary service of former acting County attorney Willie s Darby he retired effective January 1 2023 Mr Darby's always demonstrated his professional reputation as a collaborator collaborate collaborator and proven problem solver he will be celebrated for his extraordinary legal Akron and acronym and his commitment to public service to make a difference for us all and commissioner Burns if you will read that one for us.

Hey old friend how you doing Durham Board of Board of County Commissioners resolution Willie s Darby whereas Willie s Darby grew up in Oxford attended local schools and continued his education at North Carolina Central University receiving his undergraduate degree in 1976 and earned his law degree from North Carolina Central University School of Law in 1979 and whereas he managed his private practice prior to joining Durham County and as an assistant County attorney from 1988 until his resignation in 1996 but happily returned to Durham County and Durham County lured him back into the county attorney's office for a second stint in 2015. and whereas his break from Durham County also included an additional career in ministry as he Faithfully served as senior pastor of the Penn Avenue Baptist Church in Oxford and whereas during his outstanding service in the county attorney's office attorney Darby earned the utmost respect of his staff peers and the Durham Community for his thoughtful and kind and hard-working Persona and whereas his enterprise-wise supportive departments through the contract review process was.

Crucial and most important in the operations of Durham County and whereas he worked tirelessly and diligently providing legal support addressing a myriad of complex issues including the youth home construction project which was initially quite contentious for time oversight and guidance was developing the non-discrimination ordinance liaison road with the external attorneys on the opioid Bellwether case work on on completing many economic development agreements allowing companies to come and expand in Durham County and whereas attorney Darby worked with engineering on Crafting the County's contract for construction management risk delivery method of which is now Durham County's standard for delivering major Capital product projects such as administrative affordable housing admin one admin 2 main library construction projects as examples and whereas while serving as the attorney for General services and the stadium Authority he accomplished many successes including driving drafting Bi-Lo bylaws for operations of the stadium Authority and initiating the group's first retreat in 2015 assisting with naming rights of facilities policy for the Board of Commissioners which led to the naming of the stadium field for.

Willie Bradshaw and the Press Box for Tommy hunt serving as general Services contracts attorney and reviewing over 200 contracts per fiscal year and whereas during his outstanding service in the county attorney's office attorney Darby earned the utmost respect of his staff peers in Durham County Community for his thoughtful we put it it was so nice we put it in there twice for his thoughtful kind and hard-working Persona now therefore be it resolved that we the men members of the Durham County Board of Commissioners do hereby Duff here we did that twice as well we the Durham Board of County Commissioners Board of Commissioners do hereby death hereby resolve to honor Willie s Darby for his collaborative and facilitative nature which made our lives easier when navigating complex legal matters we call upon all citizens of Durham County to honor his innovated gifted and hard-working County attorney who made a difference across the spectrum of Durham County governance and operations be it further resolved that we wish him much joy and happiness as he retires and.

Convinces a New Journey in his life this the 27th day of February 2023. Being an attorney and a preacher as well is hard not to comment amen when I say good evening to all of you and thank you for this moment a moment that will be remembered for a long time thank you to commissioner Howerton Vice chair chair Howerton and vice chair Jacobs and to all other honored Commissioners good evening to you and thank you for this recognition I will always cherish the many friendships and working relationships developed here at Durham County over the last 14 years or the past for the 14 years I was here and I thank them for their kind cooperation a lot of them are here I want their sit here and try to go without every name one thing I must warn you guys though the older you get the heart becomes to remember names you can see faces but you don't remember names but thank thanks to all of you for being here to show your support.

Cherish the time that we did spend together all of it all of you and all of us camaraderie that we shared the struggles we shared going through covet but we made it and I hope and pray that you all will be here for many more years until your retirement age now do like do want to say to you that I not only retire from Durham County but I retired from preaching as well as far as pastoring I guess I should say that once a preacher always a preacher but you can can't step away from the pastoralship of any church so I say to all of you God's blessings we have a new County attorney I bet you godspeed times will will get hard and it will get tough but just looking at you I can tell you can make it you will make it you have a Board of Commissioners who won't let you not make it you will make it.

I had a lot of memory I have a lot of memories of of Durham County especially working with the department heads I look out and I see a lot of you tonight and I should say thank you for the 14 years that I spent here at Durham County and who knows no I better not say that I knew I said after the first term I would not be coming back so after the second term we better not say anything because I may be back but thank all of you for for coming tonight and thank you and let me recognize my family my wife is here Mary oh my all this like I said you're the oldest daughter.

She's the baby door she sells me but she's here friend and her two sons Marcus and Matthias they're my twin Grand boys her husband he's here as well we all get along well this is just a part of the family I wish Aiden could be here tonight too so y'all could see him firsthand was that grand baby that's my grandbaby yes but he's not here tonight but you will be getting more pictures I'm sure so thank you all for sharing with us and gosh I could see a lot of stuff I could say as being a preacher I could stand here for an hour and and just preach and say what I need to say but thanks to my my family first of all and then thanks to all of you and thanks to Durham County illegal staff for all that you've done for me to make this a possibility thank you thank you thank you good night comments commissioners.

Commissioner Carter yes congratulations Willie on your retirement and thanks for coming tonight so we can celebrate you thanks for bringing your family it's always so fun to see members of the family and and really get exposed even more to The Human Side of our very wonderful staff members in Durham it's been great to work with you for six years I in particular remember the great support that you provided the legal support you provided for Animal Services you know a little-known fact is that these amazing attorneys have to show up on all of our boards and commissions and lucky Willy he got to come to Animal Services right when they were doing the tnvr work the Trap neuter vaccinating release work which is a controversial thing in the community but Willie does not shy away from controversy I will also remember you as just being the most having such a kind calm command of the law and working with us and implementing that law and working with us supporting us in ways that were.

You always so fair across the board you know and and even in times that were too tumultuous and and somewhat challenging for us trying times and I'll always appreciate you so much for that that was a valuable work that you did for Durham County thank you so much and in retirement I hope that you get to do something anything whatever it is that you've always wanted to do and haven't done yet that's what I wish for you it's a happy retirement Jacobs well it's great to see you Willie and and good health good health and happiness to you and to your family I just want to express my gratitude to you for your service to Durham County you really stepped up and served in a role that you probably didn't necessarily want to be serving in is our as our interim and acting attorney but you really did that out of dedication to Durham County government and to our community you've always been completely selfless thoughtful and kind as.

The beautiful resolution says and and as commissioner Carter noted always calmness calm and self-effacing and I I think we were also blessed to have somebody who's a pastor at the same time as as an attorney guiding us through and so I really I'm I just want to thank you I really enjoyed working with you and I am missing nuts I was looking for that baby who probably isn't a baby anymore right how old is Aiden now last 16 months so but enjoy enjoy all of your children your grandchildren being with your wife and and you're well well deserved retirement thank you and congratulations Mr Burns I'll be good I'm not gonna cry I know your ears are getting a rest a good rest they are because you had to sit beside me and that wasn't easy some days because the mask covered up a lot that your ears couldn't cover up but you know he's a pastor so he's prayed for me so that was always good he you you are right you.

Know you are the epitome of the Michelle Obama quote when they go local you go high and I don't know what it took to step into the shoes of a dear friend I cannot imagine what that took but you stepped into it effortlessly and you feel the Gap thank you for the encouragement that you continuously gave us I'm also thankful that as we were trying to fill your shoes you were there with readily available with guidance because we could not ask your predecessor and and everything that you gave us is what has gotten us to the position that we are in now so I do wish you the best with the grandbabies I am going to miss you on the memorial stadium board because we do have a lot of changes coming up and there's a lot of things that the community wants so I would have loved to have had your guidance and picked your brain I still might so know that while you're missed I still have your phone number.

Brother and I look forward to seeing what you do in retirement and please please please don't be a stranger because I did not get to have you for as long as I needed you so Ms Wallace has something she'd like to read That's from commissioner Alum yes so commissioner Alam can't be seen on Zoom but she wanted me to let you know that she is standing and applauding for your service she says I am grateful for attorney Darby stepping into the world acting attorney your charisma and love for Durham and our team has all was always evident and just what the county needed in addition to the work you helped move forward in this role I will always admire your grace and respect your help for attorney Seiler to always make sure to carry on his demeanor and his legacy thank you for your service and she's added please continue sharing pictures of your adorable grandbabies with us thank you so even the on days that it didn't appear that you were loved.

Just know that you were loved we appreciate you we appreciate your family sharing you with us and we thank you and we wish you the very very best as you enjoy your retirement so thank you for being here. All right Commissioners we have two more the next one will be read by commissioner Jacobs it's a retirement 230002 retirement resolution to honor behema Volunteer Fire Chief Lynn Niemann the board is requested to approve the resolution and of his retirement effective on January 9 2023 so commissioner Jacobs if you could read that one please Durham Board of Board of County Commissioners resolution Chief Alan Len Needham Jr where's Chief Alan Len H Needham Jr is a native of Durham County North Carolina and a graduate of Northern High School and whereas Len joined the Bahama volunteer fire department on January 14 1980.

And served until January 9th 2023 he served as captain Chief in 1986 and again as Chief from 1997 to 2023 and where is Chief Needham was instrumental in establishing the North Carolina Fallen firefighters Foundation and whereas he unselfishly shared and committed his life in service of others including president of the Piedmont firefighters Association president of the Southeastern Association of Fire Chiefs president of the Durham County Fire Chiefs Association Board of Directors for the North Carolina Fallen firefighters Foundation voted citizen of the year three times by the Bahama Ruritan Club voted fire chief of the Year by the North Carolina Association of Fire Chiefs whereas throughout his years of service Len remained active in the Bahama Community as a member of the Mount Bethel United Methodist Church as well as being a founding member of the cross-branded Cowboy Church and whereas Chief Needham responded to numerous disasters across North Carolina to assist other fire departments and communities during Hurricane Floyd wildfires at Chimney Rock hurricane Florence and Hurricane Matthew and where whereas lends personal and.

Professional impact have been invaluable to the Bahama volunteer fire department and he will be greatly missed by Emergency Services throughout Durham County and Beyond now therefore be it resolve that we the members of the Durham County Board of Commissioners do hereby resolve to honor and thank Chief Alan Len Needham Jr for his unselfish dedication and service to Durham County we call upon all residents of Durham County to recognize his tireless efforts As A Firefighter for 43 years as a staunch advocate for fire prevention and as a leader who made a difference for the people of the Bahama community be it further resolved that we wish him and his wife Cindy much peace and happiness in retirement as they commence a New Journey in life together this the 27th day of February 2023.

And Commissioners thank you so much working with y'all was a big big part of my life and and I really enjoyed it and I really learned a whole lot and I just want to say thank you for your support because without your support and all the people that have ever worn a Bahama fire and rescue shirt or continue to wear it that's the ones that put me where I'm at today it's about them my wife support me at home I've got some members of my board of directors on the back row back there without all of those in the community that's what it's about it's not about one person it's about the community pulling together and doing the right thing and I just want to say thank you all so much the staff here that you've got in Durham County that works with us outstanding and thank you so much for putting support behind the Fire Marshal's Office so we can get a lot of fire prevention stuff taken care of.

Because we've lost over 130 or 40 people in the life in a home fires in North Carolina this past year they'll work hard to do to correct that problem and that's what we're here for I'm still working hard to keep people safe just because I'm retiring as the fire chief and going out I'm still working hard on the Southeastern board as we try to educate people we're not doing a good job of educational about home smoke alarms make sure people as I'm here with the group anytime I stand before a group I've got to say check your smoke alarm don't go home without that smoke alarm working and go to bed work work on it and checking if you need one let us know we'll get you one so again I just want to say thank you all so much and it's been a pleasure working with you if I had to do anything over again I do it exactly the same way and I just want to say thank you so much and.

Thank you for everybody's support and the community as a whole is Durham in the state of North Carolina and all across the state just thank you so much very honorable thank you Commissioners will start on this side this time well mine is really quick I just know when I came up there and I took the tour I I don't think you could have said it better you know it's it's not about you like I would encourage anybody to do the same this is somebody who knows how to make a lot happen in a small space you really educated me about how we have to work as partners across those lines I know that your leadership will be greatly missed I hope not I hope we'll still see you at some of the dinners I hope we'll still see you and and I haven't forgotten some of the things on your wish list and I've shared them with staff and I've shared that with my colleagues and so even though you are.

Not here please know that your presence will still be filled and the things that you want to see happen in Durham in the county in that space can still come to fruition because you you laid the groundwork you know my daddy was a fire chief so you got a special place in my heart so I I hope for this is not the last week seeing you and I yield the rest of my time to my colleagues commissioner Jacobs I I think it's going to be hard to imagine behema any really Durham County Without You Chief Needham you have really been a fixture and a backbone of our community and I know you will be very sorely missed you're I mean the the resolution speaks for herself your incredible accomplishments not just here but across the entire State and the region I really wish you and your wife a wonderful retirement very well deserved but I know you will be greatly missed thank you so much for everything that you've done for people in our community.

Yes Mr Needham thank you so much and I too really want to just laud your Stellar leadership and your humble ways and your service you know you are part of the service providers in our community that are never paid enough and that we must value with our lives and thank you for that and I must admit I was very curious about the cross-branded Cowboy Church so I looked it up real fast and I think that the byline on your Facebook page serves up your life Cowboy wisdom says the best sermons are lived they're not preached Captain Needham you are quite the best sermon thank you you know and I would like to come sit on a horse at one of your church services that does sound quite like a fun way to worship so I think it sums up how the community feels about you in the retirement dinner that you had recently and I had an opportunity to be there and the place was full of people I was a clubhouse.

And people were still coming it was still coming as I went to get in my car people were still coming just to show you their love so thank you for caring about this community and we wish you you've got it when you say retire you still you got to find some way to retire because as you said you haven't really retired yet yeah but thank you for all that you've done for this community okay we have one more resolution and this one is going to be read by commissioner Carter and this is a resolution in solidarity with Durham's lbgt Q Plus community and in support of students right to information little privacy and commissioner Carter at least you read that one for us yes we've had a long list of celebrations and resolutions tonight but this one is incredibly important and I want to read it on behalf of our whole board resolution in solidarity with Durham's lgbtq plus community and in support of students rights to informational privacy whereas hate crimes targeting lgbtq plus.

Lesbian gay bisexual transgender and queer people have increased every year for the past four years and whereas members of the lgbtq plus Community currently experience one of the highest rates of hate motivated violence across all marginalized communities in the U.S and whereas mass shootings by domestic terrorists at lgbtq plus Gathering spaces such as Club Q and pulse have created fear and Trauma in lgbtq plus communities across the country and whereas protests and demonstrations targeting drag shows and drag performers have increased dramatically over the last several years with such protests being held in several locations in North Carolina and whereas there has been a sharp increase in anti-lgbtq plus legislation in the U.S with 233 anti-lgbtq plus bills filed in state legislatures across the country in January of 2023 alone and whereas a copycat version of Florida's don't say gay bill has been filed in the NC Senate this session Senate Bill 49 which would limit how schools could respond to students seeking advice and counseling around their gender identity prohibit.

Discussion of lgbtq plus identity in most Elementary School classrooms and require schools to tell parents if their child asks to use a different name or pronoun at school and whereas a bill has been filed in the North Carolina house this session hb43 that would prohibit gender affirming health care including hormone treatment puberty blockers and surgery for people under 18. and whereas political attacks and anti-lgbtq plus legislation have threatened access to health care support systems and affirming spaces at school for lgbtq plus students having a negative impact on their mental health and whereas access to Safe affirming spaces and gender affirming Health Care is critical for the mental and physical health of lgbtq plus teens and people people and teams in particular who are four times more likely to consider suicide than their cisgender and heterosexual peers and whereas Senate Bill 49 is a scheme said to promote parents rights when it is actually a politically motivated culture War about control and moves us backwards in terms of progress by Banning open and honest discussions and.

Sharing accurate information with children for whom it would be greatly beneficial now therefore be it resolved that we the Durham Board of County Commissioners affirm the false civil and human rights of our lgbtq plus students and community members and be it further resolved that we condemn all violence hatred and discrimination against lgbtq plus people and be it finally resolved that we stand in opposition to HB 43 SB 49 and all legislation that erodes the safety Health civil rights and or bodily autonomy of lgbtq plus people including minors this the 27th day of February 2023.

Thank you Ms Carter commissioner Carter and we have Natalie Watson interimed executive director from the lgbtq center of Durham. Hi Commissioners how y'all doing it's good to see y'all again I wish it wasn't under these circumstances but I'm also proud to be here under these circumstances y'all make me proud to be from Durham y'all are always great with the language we gotta proclamate the proclamation last June so I'm acting like I'm familiar with folks my name is Natalie Watson I usually them pronouns and I'm the interim executive director at the lgbtq center of Durham it's nice to see all y'all as well this this means a lot I'm standing here as a representative of the lgbtq Center Durham but I'm also a queer black Trans person I am also a drag person I'm a drag King and so there's a lot coming at us right now and to know that the county that I live in the county that I am choosing to live in with my wife and.

Own a home and eventually raise a family stands by my identity stands by who I am stands by the work that I do and the folks that we help this is really crucial that folks stand up and speak out against what's going on we know it's not legal but we also understand how legal system works and it might take years to finally resolve things and thank you for seeing the humanity of people because this really does come down the humanity of people and if you don't understand something then you just don't understand it and you can take the time to learn but to bring your own prejudices to things and then impose among other people it's just not okay we all know that's not okay so thank you like from the bottom of my heart y'all this really means a lot and the staff is going to be really excited when I bring it back I told them where I had to come tonight so thanks y'all you you've got something from I do yes.

Why don't we start with that all right so commissioner long has stated thank you commissioner Carter for raising this resolution I'm so proud to serve on a board where we are steadfast in our support for our lgbtq plus neighbors I know though a board like us is also unfortunately too scarce we need to have resolutions like this to not only support residents of Durham but our lgbtq plus friends and family across the state we also need our community members and allies to step up and urge our legislators to stop their hateful legislation against lgbtq people as well as finally pass the hate crime prevention act that has been introduced repeatedly in the North Carolina General Assembly that concludes our comment thank you commissioner it's Burns Burns nice to meet you I will say mine will be really quick so I know a couple of people you know if you like me the NAACP awards for this weekend right and so you you know where I'm going right I shared it on my.

Instagram right so Dwyane Wade we all know him he played for the Miami Heat Gabrielle Union award-winning actress in her own right accepted an award on behalf of their daughter and and one of the things that he said was thank you so much for teaching me that communication was not just with my mouth but with my two ears and my two eyes now I get that some of these things that we talk about up here might not be your flavor of the week but I need everybody in here to understand that this is an attack on our civil rights and attack on children they have redone this thing three million different ways it's House Bill 43 this year last year with Senate Bill 514 before that it was house bill I think 30 I might be wrong with some of the numbers but it keeps coming back and each time it comes back it gets more horrific at first they say that they wanted to just stop doctors and guidance.

Counsels from even being able to talk to Children it wasn't even about surgery we didn't even want to talk to children and we have look right now NC State we've seen our eighth or our ninth suicide this year kids need to be able to go into affirming spaces because that affirming space might help them make the decision about what they will and will not do with their bodies but if we're telling teachers what they can't take talk about telling doctors what they can't talk about telling social workers what they can't talk about we have now pigeon held these children and so now they are left to their own devices their own devices is the only thing they're going to do is harm themselves with their mouths with their hands or they're going to harm somebody else so they got to have some type of an outlet and I say this because of the NAACP Awards because it is Black History Month and we do see that in the in the lgbtqa community.

There are people of color African-American people in particular that are targeted that are beaten and that are killed and that is very clear here in North Carolina I cannot tell you how many transient children I see in Durham every day because their parents have decided you can't stay in my house so while this resolution might not be what some of you all want to hear is what this board sees is important is what this community sees is important and we have to make sure that no matter what what a child is going through that we as a community not only communicate with our mouths but we communicate with our two eyes and our two ears and I hope that you all last year when I had you here in June you said you all offer classes and opportunities by all means like she said go out and educate yourself that's the only thing that we're asking folks to do so that our kids can have a better future than the.

Current one that they have right now commissioner Jacobs. Thank you and and thank you for being here and for the work that you do and being a part of our community I want to Echo the comments of my fellow board members that these bills that have been introduced are nothing but hate bills and we need to call them for what they are and we need to speak out about the harm the real harm that they they lead to and we know what has been happening in our community just in the past few years at the same time I want to note that North Carolina policy watch had an article today that showed that a recent Gallup poll from that has been updated that showed that now 7.2 percent of people in our country identify as lgbtq and that's this is a more than a 50 increase over the past 10 years and that for Generation Z who are those who've been born between 1997 to 2004 nearly 20 percent nearly 20 percent.

19.7 percent identify as lgbtq. This is our community this is our children and for me this is two of my three children.

It is personal.

I want to be able to celebrate that my daughter and her partner are become engaged and are going to be married and I don't want to have to live in fear because of their love for each other. So it's up to all of us to stand up against hate wherever it is and I also want to say that this bill which is being targeted specifically at our schools is a diversion and a distraction from the real harm that is hurting our children in our schools and that is the defunding of public education in this state North Carolina now ranks 50th in public school funding 50th 38th and teacher salaries and 48th and per pupil spending this is a distraction and a diversion to divide us and to to prevent us from speaking out against the real atrocity that is happening to our children so let's all Stand Together to speak out against hate and to speak for what is really happening the real issues impacting our schools thank you and thank you.

Commissioner Carter for bringing this forward anything else for you I'd try to thank my my colleagues for their beautiful moving comments and I want to thank Natalie for being with us tonight and coming to accept the resolution and I just wanted to say that I knew that our board would be behind this and supportive of this because we know it that as these two bills are political red herrings and distractions as you say Wendy and when the real issue is we need to be funding the heck out of our Public public schools and we're doing the opposite of that in North Carolina but also my sister is a high school teacher and she had just shared with me right before I read about these bills that she had had three students come out to her this past year and that one of them and and because they knew they could trust her she was non-judgmental she you know she was creating an affirming space as an educator in a public school not in.

This state in another state but that one of them had said to her that they were they probably would have committed suicide if she had not been there for them and these bills will prevent you know adults in our schools from connecting with our children in in ways that they may need you know and so that's why we wanted to write the resolution and while we stand with our lgbtq plus community and while we stand against hate thank you thank you Natalie we are so proud that you are in our community and we're in your community we thank you for your stand we thank you for your commitment fighting against this bill I don't think I could say anything more add anything more to what my colleagues have said other than ditto ditto ditto hate is hate and hate is ugly and we don't need that in any of our communities whether it be Durham whether it be Raleigh whether it be small counties hate is ugly so thank you for being here tonight.

And accepting this resolution. Anything else for you oh no I just I I just want to say thank you my mother is actually a middle school teacher and over the pandemic had multiple students come out to her as trans because they couldn't do it at home and my mother talks about me in her classroom so that her students know they can come to her and she will respect them as humans in her space and that has allowed her to be one of the top teachers at her middle school I might go name it because she's leaving tomorrow everybody knows but that has led her to be able to connect with students and be one of the top language arts teachers at her middle school and so this speaks to me in so many different ways and I'm again so grateful that this County stands by what's right and understands what these bills are really about and understands that we have to get together as a community to fight this because.

I was at a lgbtq conference last week and as I was there they banned drag in Tennessee and the way that it is Loosely written they've essentially banned trans people because drag can be seen as it is a gender performance but then that will also be connected to trans people so they are literally coming after folks one by one one state after another so thank you for bringing this to the commissioner's attention thank you for understanding what's going on and literally standing up for what is right thank you thank you all right okay Commissioners we are down to our.

This public comment opportunity is not a time to discuss separate matters of concern even when those other matters relate to or involve the county department being discussed due to the agenda's breath and the limited time we have to cover the that broad agenda we just particularly cannot enter into discussions of other matters at this time should you have a burning question or concern you are always invited to submit your matter to the board in writing via the clerk to the board email address if you deviate from these clear rules the chair will warn you and as that you conclude your remarks a refrain from the deviation if you persist in discussing matters not on the agenda you will be asked to stop speaking immediately and or Leave the Room Security will be summoned if the circumstances weren't I trust and hope that you understand these simple rules and can govern yourselves accordingly.

Thank you attorney Andrews all right so we'll go back to 23 0119 this is a public hearing consider awarding funds to chem power Inc for project fast the board is requested to hold a public hearing to consider awarding a total of 290 thousand dollars to Kim power Inc for project fast and to authorize accounting manager to negotiate and execute a performance agreement with Kim power Inc for project fast we have Andy Miracle he's there now economic development director here to present this item Andy good evening Commissioners and to the Deus Andrew miracle miracle director of Economic Development with Durham County it is an honor to be with you here again tonight for a really a great economic development project that we're really excited about a few months back in closed session we had the opportunity to introduce New Economic Development staff with you one of those staff joining me tonight is Matt filter Matt's been with us for about four months now he joins us from the city of Durham whereas.

Experience both in planning and real estate and Matt will be taking over the business recruitment portfolio for Durham County and so he's very familiar with this project and will be continuing as our primary point of contact with the company for this project moving forward so I'm going to hand it over to Matt thank you. Good evening Commissioners and to the diocese my name is Matt filter I'm the economic development manager for Durham County we're excited to bring forward another incentive partnership particularly one that aligns so well with the board's priorities in Durham County's values tonight the board is requested to hold a public hearing to consider awarding a total of 290 thousand dollars to chem power Inc for project fast and to authorize the county manager to negotiate and execute performance agreement with chem power Inc for that project project fast will establish an advanced manufacturing and distribution facility in Durham County creating 601 jobs and investing 41 million and 250 000 over a five-year period chempower Inc is a leading direct.

Current charging technology provider currently headquartered in Finland it manufactures and distributes a wide variety of electric charging vehicle infrastructure and Technology the company has grown rapidly in Europe and is now expanding to the United States in part of the because of the 2021 bipartisan infrastructure law signed into law by President Biden in November 2021. that law invests 7.5 billion dollars to build out a national network of 500 000 electric vehicle Chargers across the United States by 2030. the new facility in Durham County will be the company's first presence in the United States the project is being facilitated by a job development investment Grant jdig approved by the state of North Carolina's economic investment committee on February 7 2023.

All jdig Awards require that excuse me all jdig Awards require a local contribution which in this case is proposed at two hundred and ninety thousand dollars the Project's 601 jobs will pay an average wage of seventy one thousand one hundred and eighty one dollars of note is that 362 of these jobs approximately 60 percent will require only a high school diploma or associate's degree and will pay an average wage of fifty thousand dollars plus benefits with items including Health Care a daycare subsidy paid parental leave and more to help fill these positions and create a training and hiring pipeline in electrical related training the company has agreed to develop a partnership and mou memorandum of understanding with Durham Technical Community College in addition with approval of the war of the award the company has committed to participate in additional hiring Workforce and training Partnerships with North Carolina Central Duke University Durham Tech the NC Works Center in Durham and other local organizations examples of things that that might include are include but are not limited.

To participating in job fairs offering paid internships serving as an advisor to DPS on Career Pathways hosting DPS teachers for externships and more the company will also commit to an overall mwbe participation role an aspirational goal of 25 percent totaling 3.75 million for goods services and construction and they'll utilize sustainable practices and design and their new facility there are more details available in the attached briefings sheet that you all have and is also available online all payments for the project will adhere to the Durham County Economic Development incentive policy and will only occur following annual performance verification the company has managed job creation investment and Community Partnership Targets this includes maintaining that property taxes are paid annually at twice the scheduled payment amount for a maximum award amount over seven years of 290 thousand dollars staff recommends approval of this award the public hearing has been advertised as required by law additionally given the time difference I think it's about 3 30 in the morning in Finland our friends at chem power will.

Not be able to attend this evening but but staff is here to answer any questions that you might have thank you thank you Matt Matthew it is yes Matthew and Andy we so appreciate the briefing sheet that that's in our package it really gives us a real outline of the things that are being offered we appreciate that Commissioners questions for staff commissioner Jenkins thank you Matthew I'm really sorry that our our new friends in Finland cannot be with us tonight we are just so blessed and fortunate here in Durham County to really have you know we this is our second the other company was at Norway am I remembering correctly what was the previous I'm unfamiliar with that company that we we just did another maybe I'm getting mixed up I believe that that might have been during our closed session we didn't have an announcement with Eli Lilly and Catalin oh okay so this is our I think it's the Catalan okay that's what I'm thinking of another EV station but an EV charger.

Manufacturer so I we're just so lucky to have these great jobs and companies wanting to come here this this company and our our friends in Finland I wish I hope that you can convey to them really how they are setting such an example really raising the bar for everybody else because of how they what they're committing to in so many areas everything from their the 25 mwb goals to the one being willied willing to look at their parental leave in child care TDM sustainability and I think especially I'm excited about their commitment to working with Durham Public Schools because that's really going to be the key to the success of this so my my question is there are so much in here about their commitment to working with the schools you know everything from from working with teachers to you know Career Fairs and all types of things how is this going to happen how are we going to actually connect with the appropriate staff in Durham Public Schools to make sure that these.

Things all happen no it's a it's a great question so I think one of my my major roles in this new position both in supporting AMD and y'all's efforts is serving as a facilitator and connector and so we already have a lot of existing good relationships with DPS but that's part of the the role that I will play in this in this position in overseeing and managing these incentive agreements we've already began you know conversations with Durham tech for example on the mou so we've had conversations with them on that front so I'm fairly confident that you know between Andy myself our colleague Sabria the existing relationships that we have at DPS and chem Powers enthusiasm to work on these kinds of things it's both beneficial to the community but it's also beneficial to them right because they can get Talent people who understand the work they do they have electrical training or they have engineering training or their business training so we will be working hard to.

Make sure this all happens just in term terms of like how do we check you know not only will we be involved throughout the the term of the agreement but you know every year when they come forward to request their their payment amount you know they submit a a little packet to us you know kind of like filing your taxes right they have to show you know various components of what they've done and haven't done and then we evaluate from there on what they're entitled to under the agreement but I have every confidence with this company that they're going to work well with us and DPS and Durham Tech on these Partnerships and you know this whole idea of having an mou with Durham Tech which we have not seen this before to actually create jointly this this certified pathway to these positions I mean is is fantastic I wonder if something like an mou with Durham Public Schools for to you know with these companies like chem power would be another possibility.

You know maybe that's something that we could also look at when you certainly we can certainly look forward to that in future Partnerships the mou with Durham Tech was actually a fantastic board idea that came about you know last last December and they were enthusiastic you know Durham Tech already has a few I think they call them career Pathways that would align well with the types of work that chem power does but you know in conversations with with Durham Tech and chempower there may be opportunities to either re reconfigure existing programs maybe insert certain types of examples or trainings within existing programs you know look at additional certificates so it's something that we're already thinking about and we can certainly consider the the DPS angle for future Partnerships well thank you thank you commissioner Jacobs we're really excited about this having these opportunities for people in our community and this is you mentioned the bipartisan infrastructure bill but also the inflation reduction act because people can now afford to buy.

Electric vehicles and and we'll be making the charging stations right here in Durham County thank you okay commissioner Burns commissioner Jacobs looked at my paper just no I really as soon as she asked that because one Mr filter I told you that this is the record label that you wanted to be a part of so congratulations for giving you know he knows what I mean so that you you have to get this record label so I know that this is the first time that you get to present in front of us for those of you who don't know Andy Miracle is the Miracle Man but you know we are bringing in so much good stuff here he needed additional staff he went out and he got some really great Heavy Hitters so while we do hope that we will see your eight foot six frame behind that Podium again we are happy to see Matthew at all four foot eleven behind that Podium giving us the updates for the community so that you all can.

Get two things that commissioner objectives didn't get to say I was excited Andy knows me I don't like flowers I don't like candy if you want to whisper sweet nothings in my ear you come up to me at Durham Presbyterian church and you say they signed the mou commissioner burns with Durham Tech I was like happy the whole day I looked at Andy like you are my new best friend at the you know we got this executed so I want to Echo the question and the sentiments of my colleague because I think now that we have a precedence for people actually putting pen to paper outside of just the goal I hope that we can do that and maybe we can do that with during Public Schools or some of our other partners I did want to elevate you know the community is always saying you bring two things where where are the opportunities for entrepreneurs and our contractors where the opportunities for entry level my colleague just said it.

But it is over 300 entry-level jobs with this package so they see the value in our people she also took what I said about the inflation reduction act I need the community to understand this is how you're Federal your state and your local Partners work together people are going to continue to want to come do business here because there is opportunity for them to save on taxes and to invest into building the United States Post covert so I do think that those are two very important things but I want to make sure that the two groups that I represent I represent the entire Community but it's not missed on anyone that I'm a woman and I'm a person of color and so we've had great leadership out of our staff staff and our manager to set a goal so I asked Andy for this because I was on the panel a couple of weeks ago so since January with Catalan with Kim power in the event it passes tonight and.

With Eli Lilly we've said these 25 goals that is all told for those Investments that's 42 I think 0.65 million dollars that these folks have said we will do in construction services and professional services and goods with women and people of color in this state so this is not just about jobs this is about putting Capital into our neighbors hands who Endeavor to be entrepreneurs every day that's a 50 million dollar investment that this board and this state bought to this community and I don't want that to not go highlighted so you you elected a board to bring you jobs you elected the board to bring you opportunity I hope you can look at these these examples and know that we're doing our job collectively for the better and greater portion of Durham.

An hour application exceed 15 an hour what do you mean specifically by that yeah just an olive it's a great question in all of our attachments for the various proposals that we we bring to you all for public hearing there are certain kind of I don't know floors that we need to exceed to make sure that we're in line with Durham County values and so I think that there's a 15 an hour wage policy at the county and we're just acknowledging that this far exceeds that so that folks know it doesn't say how much it will exceed but it will yeah so the average wage of I mean the average wages for the overall bulka jobs are in the low 70s the entry-level jobs are around 50 000. I don't know does that break down to maybe 30 30 bucks an hour give or take not including benefits you have to check my math but it's it's above 15. okay significantly commission a card or anything for you well my colleagues have said such spot.

On excited comments that I totally concur with and I just would add to that I it is going to be really difficult to approve incentives with future companies that don't measure up in the same way that Kim power has you know just with everything you know like you said they're really aligning with our values the number of jobs the number of jobs that don't require an immense degree their the daycare the pay leave and then the pipeline with an mou to you know with very guided Pathway to the job I I just think that's the most exciting one of all the 25 MB mwbe gold the Green Building practices it just goes on and on so that is thrilling to see that they're really going to earn the incentive and and it's also really exciting to see the bilateral the bilateral infrastructure bill you know coming down to the local level and and how it's unfolding in our nation it's quite a remarkable achievement of President Biden and I you know am just.

So excited to see it happening here in Durham and it's great Matt to have you be the filter behind the miracle unfiltered opinions here at your service. Okay let me add just one one comment to commissioner Carter's comments I think what's also really neat about this project on the second page of the handout there's a chart of all the different you know positions this is you it shows that there's lots of Mobility this isn't just a company that's coming with a bunch of kind of entry-level jobs or a bunch of jobs at the very top there are lots of opportunities for folks to stick with the company several years make seventy thousand eighty thousand ninety and you know on upwards so I just wanted to highlight that I'm sure you all knew that and saw that but just for other folks tuning in yeah thank you all right so at this point I will open the public hearing did we have any one sign up for this.

Item no me no one signed up to speak okay then I will close the public hearing and bring it back to the support for action. So what's your Madam chair I would like to make a motion that we approve awarding Kim power Incorporated two hundred and ninety thousand dollars in Economic Development tax incentive package got a motion in a second all in favor aye aye aye approved five to zero all right now we'll go to 230129 at unified development ordinance text Amendment sanitation and erosion control tec220005 the board is requested to conduct a public hearing and receive public comments on the unified development ordinance Tech's Amendment sedimentation and erosion control tc22 zero zero zero zero zero five and interchange two motions we have Sarah young planning director and Ryan Eagan County storm water and erosion control division manager here to present this item chair Howerton and Commissioners I'm Sarah Young with the city County Planning Department I want to start by certifying for the record that all legally required notice.

Requirements have been met for this item and affidavits to that effect are on file in the planning department this text Amendment case tc220005 proposes revisions to the sedimentation and erosion control standards and the enforcement and penalty section within the unified development ordinance the purpose of these amendments is to address ongoing concerns regarding the soil erosion during the development of larger sites increased design and implementation requirements in areas with Triassic soils and to provide additional tools for enforcement the Planning Commission unanimously recommended approval of this on January 10 2023 staff recommends that the Board of Commissioners approve the ordinance amending article 12 and Article 15 and also approve a consistency statement declaring the request consistent with a comprehensive plan and also reasonable and in the public interest I have with me tonight Ryan Eves for any questions on the technical language of the amendment thank you questions from commissioners.

Commissioner Carter yes thank you and and thank you so much for this great work I am excited to approve this I am I'm assuming our board probably will one question I do have is and I don't remember where I read this but I think maybe the one of the Planning Commission members mentioned that they had had come some questions about compliance you know with the the new ordinance amendments and the I think maybe the response that they had gotten was you know that counties checking in on whether or not the developers are being compliant happens once every six weeks and we really would like to move that to once every four weeks and just wondering if we will have the staff to be able to do that well first of all am I right about that I feel like I read that somewhere I believe you're right Ryan Eaves division manager for strong water and erosion control I believe you did read that from the Planning Commission comments and I know.

It was brought up in discussion of the interlocal agreement that we that you agreed to approve in the city with the city tonight as well we do our goal is to my division's goal we're you know I have myself we have an erosion control supervisor Jonathan McNeil who I would not be with or I would be remiss to not acknowledge the hard work he's done particularly with all of these sites and then we have three erosion control inspectors who are regularly conducting inspections on all construction sites across the county we currently have approximately 280 active land disturbance permits that our goal is to inspect 80 of those monthly just due to volume we're hitting them about every six all of them about every six weeks we do prioritize sites based on size histories of non-compliance new sites we want to set you know set the standards when a site is newly permitted let them know what's what's happening and so we have the staff to hit that about six.

Week Mark we are proposing in the coming FY 24 Budget on an additional erosion control technician to to increase our boots on the ground and increase our inspections but again I think with a lot of the sites that are are that are being discussed and a lot of the impetus for this these changes we have those prioritized and are hitting those monthly.

Explain the stop work order yeah this is something that the we have regular meetings among triangle area erosion control programs and we have discussions with the sedimentation Control Commission about things and they had asked local communities to discuss some of their enforcement measures and this was one that we did not have the ability to use previously that we have found and heard is very effective from other communities essentially what it does is it refocuses sites a projects efforts on erosion control we're essentially issuing a stop work order saying stop doing everything but erosion control because their site is you know out of compliance so far you know it's so far out of compliance that we need we need want the ability to kind of stop them from doing everything else you know we previously used and we still will continue to use notice as a violation not in compliance inspection reports civil penalties where necessary we still have all those abilities as well but this is just another tool we.

Want to add to our tool belt to get site and make sure sites are maintaining compliance.

Orion and and Sarah I really want to applaud you know you both of you and your staff everybody who has been a part of this tax amendment you know these are very very common sense very basic things that should be easy for people to really implement and are really important you know steps that we can take to specifically address the intensity of development that we are seeing in the eastern part of the county that is in a very unique area the Triassic basin which is is a unique geological feature that is not found in any any other area of the state and it's really important that we recognize that you we cannot ignore environmental realities the environment will always come always win it will always come back to bite us if we don't try to do it we can to address the impacts to the environment so one of you know one of my questions is because these measures you know the flocculents the additional self-fencing increasing the storm water.

And sedimentation Pond and also the see some of the seating getting the seating going more quickly do we know though about what is actually happening in terms of Falls Lake and do we have any data related to I know that this the particles are very very fine with the traffic soil so this is trying to capture them slow them down do we know anything at this point about what is the impact you know going Downstream from The Falls Lake Watershed and also just Falls Lake are those particles getting in to the lake are they going to lead to Greater kind of sedimentation and I mean do we you know you and I are both in leadership of the upper Neuse River Basin Association both part of the executive award and that is obviously what we're the goal of that is to help protect the lake so do we know anything at this point I don't know off the top of my head of specific data with regards to turbidity.

In the lake itself I do not recall any specific concerns raised during a lot of the unrba sampling with regards to turbidity I know a lot of there was more geared towards the nutrients and bacteria and other concerns that being said one thing one of the things we did look at when we were developing this we reached out to some of the to the water intake plants for Raleigh they have not had any concerns or any challenges with regards to these signs sediment with any of these fine particles causing any challenges at their plants for intake of water to provide the City of Raleigh with water which is ultimately kind of the impetus for the for the Falls Lake rules that's not to say that's the only important thing obviously but I'm not aware of any specific data at this time I do want to mention one thing that you will hear a little more about probably in the budget and you may have heard we are going to be.

Partnering with the city of Durham stormwater group to do a a watershed study of Lick Creek and little Lick Creek it's kind of they they are they've been working their way systematically around the county doing their Watershed studies you'll probably have seen their their stream scores and things like that that they produce they typically work inside the city and lick Creek certainly has a significant portion that is inside City Limits but it has a significant portion that's in the county as well and so we will be partnering with them in the upcoming year probably two years to do a full Watershed study to help know more about the Watershed what's going on look for retrofit opportunities and other ways that we can improve water quality in in Lake Creek and little Lake Creek so just bring that out we will we may not have a lot of that data right now but we will that sounds great I'm really glad to hear that we're going to be working together with the city on that that's.

Really important to get the data and really be monitoring what's happening are we doing any monitoring of any Wells or the water that you know coming into people's homes are we involved with any monitoring on that level I'd have to pass that to environmental health to know if if they're doing any of that kind of monitoring specifically but I'm not aware of any okay okay I guess I'll follow up with staff on that and is there are there any other anything that you wish was in this tax amendment at this point that or that you know we could look at in the future I certainly think we can have future discussions I think we are we're doing a lot with this amendment I would remind you that the because of the process that we have to go through because we are a locally delegated erosion control program through the sedimentation Control Commission at the state we have to go through them first with any amendments or changes to our program we're going to.

Make these Amendments have already been to them for our first review and and received a good review they've they were happy with them you know and so any additional changes will obviously have to go back there not saying we can't do that just pointing that out as a as a part of the process one thing I'm really proud of and I think we should be proud of is this edition of flocculent requirements we'll be the first local program in the state to require the use of flocculents many of many of them like us recommended their use in the past will be the first to actually require their usage and so I know from the state sedimentation Specialists that we opening a door and she's she's kind of waiting to see you know what we do and and expecting others to follow so I think that's something we should be proud of that we're doing as as part of our program thank you Ryan for your role and and helping to Lead the Way Durham County.

Leading the way and and I'm looking forward to city council approving this at near March 6 meeting and then this going back to the state sedimentation Commission on May 23rd thank you so much okay any other questions. Hey I just have I just have one Ryan and Sarah the concerns for the citizens have they've been addressed. Partially where are their concerns being met that's a big question yeah I think that this the these amendments here go a long way to addressing some of their concerns I'll pivot to Sarah there's another amendment you'll be seeing in the coming months that we are working on with regards to grading and phasing of development that will also I think have an impact and is of concern of of the citizens in this area Sarah can speak to the timeline of that that it's another you know another way in which we're trying to address those concerns okay thank you yeah I was going to mention that same thing thank you Ryan we do have a.

Companion text amendment that is going to it links increased tree preservation with the size of phases it limits essentially how much can be graded in any given phase the larger the phases the greater percentage of trees you have to keep therefore there were four the less incentive to you know there's more incentive to keep smaller phases in this grade less per unit chunk if you will we that Amendment would also limit you cannot start a new phase until the previous one is completely stabilized and is meeting all of the requirements from Ryan's group so that in and of itself I think will have a big impact on what we're seeing but these two are meant to work together we certainly it's been staff's intention that these amendments are addressing the concerns that very valid concerns that have been raised so we hope to see significant improvements as a result thank you thank you very much if there are no other questions we will open a public hearing and we have a few couple people that.

Signed up to speak Pamela Andrews and Thomas Freeman and Rebecca Freeman in that order.

Are we ready good evening it's nice to see you all thank you for your time I know we've been bombarding you all with lots of emails and we truly truly thank you we also thank Ryan and we thank Sarah for hearing our complaints as well and I'm sorry we've been such a pain but you know this is what we see in our creeks and I've met with Heidi Miss Carter Wendy Jacobs about and Brenda and namachina I think the only one I haven't actually met with this Miss Alum but our group not just me but my group and we thank you we sincerely thank you because we are very concerned about our water in our area we're very thankful for this new sedimentation and erosion control Amendment the background statement is which is in Sarah's memo quickly outreaches and Sarah I quote you again dear sorry updates to the erosion control standards of the Udo are necessary to address these concerns and further protect our local waterways from sediment pollution from growing urbanization a cumulative.

Impact and analysis is warranted to understand the impacts of these practices across the Watershed it's not just Lick Creek we're very concerned about all our Creeks because there's a lot of development as you know in our side of our of town but we're especially interested in the impact that you guys have stated the increased stream buffers the flocculents I think it's going to be an interest in Ryan the two rows of silt fencing I think has potential specific requirements for the traffic Basin soil because as Miss Jacobs has mentioned this is not soil just in any part of the country it is very unique soil and the two U.S scientists and really going there and look at that map and dig in there you realize there's a reason Southeastern has not been developed in the past the soil is just horrible and so we're very appreciative of the work that you're doing the stop work orders we think could be very helpful and enforcing the violations because I get calls every week from residence saying.

Pam please come look at this Pam please look at this can you call who do I need to call who do I need to ask there are very very concerned citizens on our side of town and only time's going to really tell what how effective this new Amendment will be tied in with the second amendment that Sarah and they were still working on to protect Lick Creek as well as all the Creeks out there Ellerbe Creek little Lick Creek Panther Creek they all flow into Falls Lake which is all a big concern and so we hope that our Creeks will suffer less impact than what we've seen recently we look forward to getting this amendment in place as soon as possible as well as the tree preservation Amendment we're still tweaking that we have a few concerns on that one but you know until we really get in there and put these things in in working order and every part of the land that's that's voted in before we get these in place is.

Just more damage to the environment so we have com and we appreciate that and glad to hear that tonight we desperately need a comprehensive environmental study we've been saying that for many months and I know you guys have heard that and we truly do thank you because our government like you said Miss Jacobs I mean you can build all the houses you want but if you destroy the environment what good have you done people want to come here and they want to learn and live but we also want to live in a healthy environment not in an environment where you can't get in the Creeks you can't let your children in the lake I mean there are some serious concerns so thank you from the bottom of my heart thank you thank you.

Good evening all evening elected persons citizens of Durham my name is Thomas Freeman I'm a lifelong resident of Durham County I reside at 18 to 18 South View Road I rise in support of the measures to best protect our strength let me first let me give you just a brief introduction I was the second employee that was ever hired at with the US Army Corps of Engineers at Falls Lake I would consider myself a subject matter expert on the acquisition construction design maintenance of the lands and Waters of Falls Lake and served 33 years with the bulk of my public service at Falls Lake a rise in support of measures to best protect our streams orders critical life and it has entrusted to us for its care and protection it's clear that the best management tools are not working effectively for the control of the sedimentation in Southeastern Durham County I'd like to recognize the technical expertise and professionalism of the county staff regarding the protection of our Waters.

Miss Sarah and Mr Eaves I appreciate everything you do water is our most valuable natural resource but the measures the measures that are in place now are not effective what's what is necessary with the implementation hopefully the implementation of the measure to reduce turbidity would be an ongoing evaluation program to scientifically and technically evaluate the effectiveness of these of these measures it's been mentioned before I'll mention it again an important consideration and limitation of Durham County is our Triassic Basin soils it is not just muddy water like I have heard the Durham city council state time and time again the Triassic Basin soils are very unique they're along the the Eastern Seaboard they're in New Jersey Pennsylvania small portions small portion in Virginia it begins in in North Carolina North Carolina is cursed if you will with the greatest amount of Triassic Basin soils on the East Coast they began in South Granville County moving in a South southwesternly Direction encompassing the greatest majority of Durham County moving on to portions a strip of wake.

Chatham Lee Moore there's a break then it picks back up in Richmond and Anson County this is truly a unique environmental situation that Durham County is facing sedimentary rock highly erodible milk of sandstone and siltstone has extremely fine particles it stays suspended in the water column for months and months and months my sources are the North Carolina Geological Society of the United States Geological Society I encourage you to check those sources out thank you very much you thank you good evening commissioner chair of Howerton and other Commissioners here thank you for I'm Rebecca Freeman 1818 Southview Road Durham I'm a lifelong resident and I thank you for the opportunity to speak with you tonight regarding this proposed amendment I want to thank Ryan Eaves and Ms Sarah Young for and others that were involved in pulling this together it was sorely needed and they recognized that and I appreciate their time and effort and energies onto this as well as the other amendment that will be forthcoming and we hope that.

They will be both worked together in tandem the February 27 2023 memo to Dr Kimberly Sowell County manager that accompanies the sedimentation control Amendment explains the need in really great terms for more protections needed for Triassic soils found in southeast Durham I support not only the added protections but also the added enforcement component which I think has slowly been needed but out of great concern I'm concerned with these protective devices be effective in controlling the high velocity saw latent runoff from the continuing to pollute the and destroy the creeks in this area especially in southeast Durham and it made that is Major territory to Falls Lake and impacts a small business in Durham County the rolling View Marina and other recreational areas and I'm again we've discussed this only ourselves we hope there will be an evaluation component to this so we'll see how well this is working and if additional things are needed to help protect the environment will there be evaluation we have and have criteria been set for that already we.

Hope so lastly I call your attention to item number 23-024 that's on your agenda tonight it's a 2022 Planning Commission annual report a number of those developments that came up before the Planning Commission in 2022 that were annexed and approved by the City Council are in the The Watershed areas of the county and so I would encourage you to look at the numbers that will probably not be covered by these amendments so we hope that these amendments will be approved and will be enforced and will be out there for our team to enforce and we appreciate that that Mr Reeves will be getting more perhaps more help to inspect these areas because they're sorely needed at every every six weeks it's just not getting a really big rain we see lots and lots of Muddy and sold and written stream flow in in the creeks and it's is really being a problem in getting into our territory into our to Falls Lake.

Thank you very much thank you. Yeah there's no one else to speak I will close the public hearing bring it back to the board are there any other questions from this board. So if they're you know the question is I really want to thank citizens that came to speak and it's a it's a process and we know that and wagers got to get it right commissioners Madam I'd like to make a motion to adopt an ordinance amending the unified development ordinance incorporating revisions to article 12 infrastructure and public improvements and Article 15 enforcement.

Second okay if it moved in properly second all in favor aye it passes unanimously. Maybe second book the second motion is the second one Madam chair I'd like to adopt the appropriate statement of consistency first he went to North Carolina General statute 160 d-605 second okay we have a motion and a second bye-bye all in favor aye and Madam chair also before we move forward I aired and I said one of my colleagues called it I said the board doing that previous public hearing we have emotion on the floor a second so we have to vote on that motion before we can add anything else I think we did didn't we vote on it Heidi seconded so I seconded it and then we voted so it's been motioned in second now we've got to vote on it before you had something else you wanted to add I did but we already voted on it Madam chair but I can wait so did you you get a motion a second and.

We got yes ma'am we got them everybody voted yes yes ma'am commissioner commissioner Burns was referring to item zero one zero one one nine if I'm not mistaken yes so we did do all the stuff for the past one and one of the colleagues called it and I did confer with the clerk so I actually said the county and I need to go back and make an amendment if it so pleases the board to the Kim power Amendment and I conferred the language with the clerk and can make it now okay okay where you are commissioner and what it is that I can't catch up with where you are you're going back to 210119 so the Kim power and what is it that you're trying to add that so what we do what I stated was it was two parts to it it was supposed to negotiate and execute and it was a County Manager in the statement that I made was for the Board of County Commissioners to execute so it.

Was the wrong motion so after confirm with the clerk I would like to make the proper motion now so you want to amend the motion that's already been made yes okay okay so thank you Madam Clerk I would like to amend the emotion and make the proper motion at this time so Madam chair I would like to move that we the Durham Board of Board of County Commissioners authorize the county manager to negotiate and execute a performance agreement with Kim power for the amount of 290 thousand dollars second it's been moved improperly second all in favor aye aye approve unanimously so the so the first motion is not in board we're going with the second motion is that correct yes okay great all right just keep us on task so the next one see so we've got 230117 and this is adoption of initial resolution related to not to exceed 235 thousand 235 million dollars limited obligation bond series 2-023 a and two zero two three B and calling a public hearing there on.

So the board is requested to adopt the attached resolution Which authorized the negotiation of an amendment to an installment financing contract in connection with the execution and delivery of a not to exceed 235 million dollar limited obligation Bond and Susan tiat is here our chief finance officer hi Susan hi good evening Commissioners so just to as a refresher this 235 million if you remember we did the initial Lobster all program in June of 2020. And then we expanded on this initial Ops program in April of 2021. because you if you recall in June of 2020 that was right at the hardest hit of covid and the banks could only have there was only so much they could allow so we did 75 million at that time and then in April of 2021 we expanded it to the tune of 210 million in tax exempt and 15 million in taxable if you recall the process with the draw programs we we issue up front in the draw program a short-term variable.

Rate debt that's to be no more than 24 to 36 months based on and it's based on the amount of estimated cash flows for that time frame but no longer than 36 months so when you go back and look at June of 2020 and we're now in April of 20 well no no February of 2023 we're fastly approaching that 36 month deadline so this is for our financing plan to go ahead and issue long-term lobs big straight debt to pay off the current existing draw program for lobs if you recall this is something that was implemented by George quick like 2000 or early 2000s and it has saved the county a tremendous amount of money by using this approach instead of issuing all the funds up front well it also eliminates Arbitrage risk so we're just adhering to our current financing plan with this and then we'll come back at a later date for a new job program and also just FYI the 235 includes if we are to refund a current 2012.

Balance on a lob's long rate fixed debt and a small portion of 2013. so when you add them together that's approximately 16 million as you know we don't do refundings unless the market analysis and the interest rate is going to benefit a savings over like a three percent threshold so when we get to the market pricing date if that's the case then they will be issued out in this particular issuance and refunded if that ends up depending on what the rate is that day and it doesn't end up being that case then of course that does not happen.

Okay thank you Susan questions commissioners commissioner Carter by way of adopting this resolution are we increasing the amount of debt we're taking on are we we are aren't we aren't we do we add well we're increasing the long term that we had obligated ourselves for this amount of debt when we initiated the April 2021 lobs draw program and of course when we issued that of course we have to plan for that spending does this include anything that has not been included in the past like the shops at Lakewood I was thinking maybe yes the LGC prefers that if you've got funds that you can fix out long term rather than doing short-term variable they prefer that you use that methodology so that's why we've included the 12 million purchase price for the shops because that will close March 1st and then of course another plan spending is the final the Final Phase or spending for the northern that's that 33.3 million going ahead and fixing that out because it is so close to completion.

Okay thank you that that helps me. This is also Susan did it allows you to hire a team of financing yes and that standard procedure we always are required to have a bond Council and we're required to have our financial advisor and Underwriters. By March 13th is it that's for the well the initial resolution would be voted on tonight and also including the agenda item is setting the next hearing to adopt the resolution the approving resolution which is March 13th and hold the public hearing so once you approve tonight then we will begin immediately to advertise the notice of public hearing all right questions board.

Okay hearing none I will now entertain a motion for approval. Okay I will entertain emotions I would I'll go ahead go ahead Madam chair I will try to get this one right I would like to make a motion that we I would like to make a motion that the board adopt the attached resolution how the financing team as identified in the resolution and call a public hearing from March 13 2023. second it's been moved in probably second all in favor aye aye passes five to zero thank you thank you Susan now we are down to boards and commissioner appointments is the attorney ready yes Madam chair this evening we have appointments as identified on your ballots and the results are as follows for the adult care home Community advisory committee there is one position and the selected candidate is to keitha Collins the next is the Board of Health and for this was one position and in the optometrist position we have Daryl Glover next is the city county appearance.

Commission one position for at large and that select T is Liz Gage next is Durham open space and trails Commission we have one at large position that selected candidate is Jeffrey back old Chuck Jeffrey backal Chuck the next is historic preservation Commission we have two slots one is at large the other is the registered landscape architect position for those Physicians we have Deborah green at large and Michael vampran as a landscape architect position next is the juvenile crime prevention Council we have a vacant position under the citizens category and the select T is libria Stevenson labria Stevenson next is the library Board of Trustees and there's one at large position and that candidate is Carl Newman that concludes the list thank you attorney and thank you citizens for offering yourselves in your time to serve on these boys and Commissioners we appreciate your service we don't have any agenda items pulled are there any other business before this board that needs to be taken care of hearing none.

Board of Commissioners · Regular Meeting · February 27, 2023

▸Closed Session0:02

▸Consent Agenda2:20:00

▸Public Comment2:33:13

▸Adjournment3:35:14