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THE BOARD OF COUNTY
COMMISSIONERS DURHAM, NORTH CAROLINA Monday, April 8, 2002 AGENDA 1. Opening of Regular Session—Pledge
of Allegiance 2. Agenda Adjustments 3.
Minutes a.
January
14, 2002 Regular Session b.
January
30, 2002 BOCC/Durham Public Schools Board of Education/Durham City Council c.
February
11, 2002 Regular Session d.
March
25, 2002 Special Session 4. Proclamation Recognizing “National
County Government Week" A proclamation designating the week
of April 7-13 as “National County Government Week" has been prepared for the
Board’s approval. This year’s theme for
the national recognition is “Counties Secure America." County Manager's Recommendation: Approve the requested proclamation
and recognize the work that County employees perform on behalf of the citizens.
5. Tons of Fun Celebration for 2003 The Board of County Commissioners is
being asked to endorse a ten-week campaign to increase physical activity,
improve nutrition, and elevate vitality during the 2003 Calendar Year. The Durham County Commissioners’ Council on
Physical Fitness and Sports recently endorsed the campaign entitled “Tons of
Fun." The ten-week long event will
introduce a new step each week to accomplish the campaign’s goals. No funding is requested from the County to
support the implementation thereof. Resource Person(s): David Nowotny and Ellen Reckhow County Manager's Recommendation: The Manager recommends that the
Board receive the presentation and endorse the program as approved by the
Commissioners’ Council on Physical Fitness and Sports. 6. Durham City-County Appearance Commission
Annual Report In June of 2001, the Appearance
Commission was established and comprised 15 members with design
backgrounds. The Inter-local agreement
governs the activity of the commission and requires that the Board of
Commissioners be provided with annual updates on the commission’s work, as well
as its goals for the upcoming year. The
Board will receive the first Annual Report from the Appearance Commission. Resource Person(s): George Stanziale Jr., Cochair,
Durham Appearance Commission, and Sara Young, Urban Designer, City-County
Planning Department County Manager's Recommendation: The Manager’s recommendation is
that the Board receive the report from the Appearance Commission. 7. Consent Agenda a. Offer to Purchase County Property (1015
Carolina Ave.-rear) (pursue the upset bid process at this time. The Board has the authority to accept or
reject any offer at the conclusion of the upset bid process.) 8. FY 2002-2003 Consolidated Action Plan
Draft Public Hearing The adopted Citizen Participation Plan
requires that two public hearings be held prior to the submission of the
Consolidated Action Plan to the Department of Housing and Urban Development
(HUD). The purpose of the first public
hearing is to receive comments pertaining to HOME program needs in Durham. The Board of County Commissioners’ needs
public hearing was held on February 25, 2002.
No citizen comments were received.
The purpose of the second public hearing is to receive comments on the
use of FY 2002-2003 HOME funds as proposed in the Consolidated Action Plan
Draft. The FY 2002-2003 Consolidated
Action Plan Draft was made available for public review beginning March 8, 2002
through April 7, 2002.
The Durham City-County HOME
Consortium anticipates receiving total HOME Investment Partnership (HOME)
program funds in the amount of $1,351,000.
This amount includes an annual HOME allocation of $1,051,000 and program
income in the amount of $300,000. The
proposed use of FY 2002-2003 HOME funds includes substantial homeowner
rehabilitation activities for low-income city and county residents,
tenant-based rental assistance (HOPE VI Revitalization Area), and acquisition
and/or substantial project rehabilitation by a developer. A Request for Proposal (RFP) for acquisition
and/or substantial project rehabilitation will be issued to interested
developers during the program year. The
Durham City-County HOME Consortium will be required to provide a 25 percent
match (non-federal funds) to the total amount of HOME funds used directly for
affordable housing activities during FY 2002-2003. The required match would be approximately $287,088 and would be
funded with City Housing Bonds and available County funds as outlined in the
current Consortium Agreement. Charlene Montford, Director of the City of Durham Department
of Housing and Community Development, has reviewed this request and recommends
that the Board of County Commissioners hold the 2002-2003 Consolidated Action
Plan Draft public hearing to receive citizen comments. Michael Pullum, Senior Planner, will attend
the meeting to answer questions. Resource Person(s): Michael Pullum, Senior Planner,
City of Durham Department of Housing and Community Development County Manager's Recommendation: The Manager’s recommendation is
that the Board hold the FY 2002-2003 Consolidated Action Plan Draft public
hearing to receive citizen comments. 9. Public Hearing--Land Use Plan Amendment
#A01-18 (North Durham Plan) In
the adopted Plan, the future land use designation for the area on the north
side of Hebron Road between Denfield Street and the existing residential
subdivision along West Avenue is high density residential. Modification of the North Durham Plan to
indicate medium density residential uses on the subject site affords an
opportunity to establish a land use pattern that is more compatible with
existing and planned residential development in the area. While the modification reduces the amount of
land designated for high-density uses, a better arrangement of uses in the
general area is achieved. Additionally,
the modification affords flexibility in design to produce integrated
developments while lessening the demands on traffic arteries. The proposed amendment to designate
the subject site for medium density residential uses is supported by the goals
of the North Durham Plan and the 2020 Plan.
The relationship of the subject site to existing and planned residential
development supports the potential for medium density residential
development. The Planning Department
recommends approval of the proposed amendment.
The Planning Commission reviewed the proposed amendment and recommended
approval (11-0) at its meeting on Resource Person(s): Dick Hails, Assistant Planning
Director, and Dwight Yarborough, Senior Planner County Manager's Recommendation: The Manager’s recommendation is
that the Board amend the North
Durham Plan FLUM to designate the area on the north side of Hebron Road between
Denfield Street and West Avenue for medium density residential uses. 10. Ambulance Franchise Renewals All
public and private providers of ambulance service wishing to operate in Durham
County must be franchised by the Durham County Board of Commissioners to assure
adherence to local and state regulations, insurance requirements, and to monitor
their ability to provide quality service to the citizens of Durham County.
After the initial franchise is awarded, they must reapply for that franchise
every three years. Currently, nine providers are franchised to operate within
the County. This request is for initial approval of renewals for Bahama VFD,
Bethesda VFD, Lebanon VFD, Parkwood VFD, Redwood VFD, and Duke Life Flight. All
requesting agencies with the exception of Duke Life Flight operate under
contractual agreements with Durham County. The applications have been reviewed by J. M. Tezai, EMS
Director, and have been found to meet all legal and operational requirements as
stipulated by the Franchise Ordinance.
The applications have been reviewed and recommended by the Durham County
EMS Council. As a result, it is
recommended that all requests be approved. This will be the first of two required approvals by the
Board of County Commissioners. (A public hearing is not required for a
franchise renewal.) The Board of County
Commissioners will be asked to consider the second approval at the April 22,
2002 meeting. Resource Person(s): J. M. Tezai, EMS Director, and
representatives of the six requesting agencies. County Manager's Recommendation: The Manager’s recommendation is
that the Board approve the franchise renewals as requested. 11. Recommendations for the Southwest Durham Drive and Fixed
Guideway Transit Routes
The Durham Area Designers held a
design charette on March 2 to explore and consider alternatives to the
alignment of the Southwest Durham Drive and Fixed Guideway routes in southwest
Durham. Interestingly, three separate
design teams arrived at the same conclusion, one that would enable the region
to be appropriately planned and developed for the maximum community
benefit. The parcel of land recently
purchased by the Durham Public Schools served as the catalyst for forethought
and planning. The school system needs
to proceed with the design of its site in order to open a new elementary school
in the fall of 2004. While any final
regional alignment of the transit routes may require thorough consideration,
local governing bodies and committees need the current authority to provide
flexibility in determining routes and rights of way through the school site. Resource Person(s): Dan Jewell, member, Durham Area
Designers; Hugh Osteen, Assistant Superintendent for Operations, Durham Public
Schools County Manager's Recommendation: The Manager recommends that the
Board receive the presentation and determine if any recommendation regarding
the proposed alignment should be forwarded to the Transportation Advisory
Committee (TAC), which meets on April 10, 2002. 12. Inducement
Resolution for Affordable Housing Bonds The
NRP Group, LLC is requesting that the County approve a resolution giving
preliminary approval for the issuance of revenue bonds for the financing of a
proposed apartment development, Eno Pointe.
These bonds would be solely payable by the NRP Group, and the County
would not be liable for the repayment of the bonds. By having the County as the nominal issuer of the bonds, the
bonds are tax-exempt. This also allows
NRP Group to receive tax credits for the project. In return, 80 percent of the units will be rent restricted for
moderate-income individuals. This would be the second such issue
for the NRP Group by the County. The
first issue was completed in December 2000.
That project is now called Falls Pointe at the Park and is located off
Hwy. 55 near RTP. Rezoning of the property will be
required. The rezoning will be brought
before the Board at a subsequent meeting.
An additional issue with these
projects is the taxability of the apartments due to the Court of Appeals
decision in In Re Greens at Pine Glen. While the Supreme Court recently agreed to
review this decision, NRP Group has agreed to make a payment in lieu of taxes
to make up the difference if the units are not fully taxable. Resource
Person(s): Chuck Kitchen, County Attorney; Brad Parker, Vice-President, NRP
Group; and Mary Nash Rusher, Bond Counsel County
Manager's Recommendation: Approve the inducement resolution so that NRP
Group can proceed with getting approvals from the North Carolina Housing
Finance Authority. 13. Board
and Commission Appointments Garry E. Umstead, CMC, Clerk to the
Board, will distribute ballots to make appointments to the following boards and
commissions: ·
Adult
Care Home Community Advisory Committee ·
Animal
Control Review Board ·
City-County
Appearance Commission ·
Nursing
Home Community Advisory Committee ·
Women’s
Commission ·
Wrestling
and Boxing Commission Resource Person(s): Garry E. Umstead, CMC, Clerk to
the Board 14. Closed
Session The Durham County Board of Commissioners
is requested to adjourn to closed session to consider economic development
pursuant to N.C.G.S. § 143-318.11(a)(4). |
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