THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, April 26, 2004
AGENDA
4:30 P.M.
Joint Meeting—Board
of County Commissioners and
Durham Public Health Board
_________________________
5:30 P.M.
Closed Session
The Board of Commissioners is
requested to adjourn to closed session to instruct the staff concerning the
position to be taken in negotiating the material terms for the acquisition of
real property adjacent to 3605 Shannon Rd. owned by Patty Watson pursuant to
G.S. § 143-318.11(a)(5).
_________________________
7:00 P.M. Regular Session
1. Opening
of Regular Session—Pledge of Allegiance
5 min.
2. Agenda
Adjustments 5 min.
3. Minutes
5 min.
April 12, 2004 Regular Session
4. Resolution Honoring the Life of Albert
Lee “Al" Hight
5 min.
RESOURCE PERSON(S): Commissioner
Mary D. Jacobs
COUNTY MANAGER’S
RECOMMENDATION: The Manager
recommends that the Board approve the resolution and forward a copy to the
family of Al Hight.
5. Proclamation
Recognizing “Daniel C. Hudgins Day"
5 min.
A proclamation recognizing April 29,
2004 as “Daniel C. Hudgins Day" has been prepared to honor retiree Daniel C.
Hudgins. Mr. Hudgins has been the
Director of the Durham County Department of Social Services for 27 years and has
dedicated his career to improving services to families and individuals of Durham County.
6. Proclamation
for “Durham
Government Employee Wellness Month"
5 min.
Resource Person: Tracy Bates, Nutritionist II, Durham
County Public Health Department
7. Proclamation
for “Mental Health Month"
5 min.
8. Consent
Agenda 20
min.
a. Property
Tax Releases and Refunds for Fiscal Year 2003-04 (accept the property tax
release and refund report for March 2004 as presented and authorize the Tax
Assessor to adjust the tax records as outlined by the report);
b. Budget
Ordinance Amendment No. 04BCC000065—Public Health—Recognize End-of-Year State
Funds for Family Planning Clinic for $10,625 (approve the budget ordinance
amendment to recognize $10,625 from the Department of Health and Human Services
for family planning services);
e. Lease Renewal for the North Durham Branch
Library at 5120 Roxboro Road (Riverview Shopping Center) (authorize the Manager
to execute a lease amendment for an additional two years from July 1, 2004 through
June 30, 2006, at an estimated annual cost of $87,056); and
f. Russell Conservation Easement and Federal
Farmland Grant Request For Funding (approve submission for a Federal Farmland
Protection Grant for the Russell Farm, approve up to $139,000 in funding for
Durham’s share of the easement, and authorize the Manager to execute a purchase
agreement with Mrs. Russell for the acquisition of the proposed conservation
easement for approximately 157.9 acres, which includes a provision that the
purchase of the easement is conditioned upon the County receiving the Federal
Farmland Protection Grant).
9. Public
Hearing—FY 2004-2005 Draft Consolidated Action Plan
20
min.
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 was to receive comments pertaining to HOME program needs in Durham. The Board of County Commissioners “Needs"
public hearing was held on February 9, 2004.
The purpose of the second public hearing is to receive comments on the
use of FY 2004-2005 HOME funds as proposed in the Draft Consolidated Action
Plan. The FY 2004-2005 Draft
Consolidated Action Plan is currently available for public review (March 23,
2004 through April 23, 2004).
The Durham City-County HOME Consortium
anticipates receiving total HOME Investment Partnership (HOME) program funds for
$1,456,000. This amount includes an
annual HOME allocation of $1,387,850 and program income for $120,000. The proposed use of FY 2004-2005 HOME funds
includes a substantial homeowner rehabilitation program for low-income city and
county residents, a First-Time Homebuyers Program for city and county residents,
and a County Initiative.
The Department of Housing and Community
Development (DHCD) staff recommends that three FY 2004-2005 HOME proposals also
be funded: Meriwether Spring Housing Associates, The Community Builders, and
AIDS Community Residence Association Inc. (ACRA). DHCD staff recommends that unobligated
2003-2004 Community Housing Development Organization (CHDO) set-aside funds are
made available to Rebuild Durham and Healing With CAARE Inc.
The Durham City-County HOME Consortium
will be required to provide a
25% match (non-federal funds) to the total amount of HOME funds used directly
for affordable housing activities during FY 2003-2004. The required match would be approximately
$300,000 and would be funded with City Housing Bonds and County funds
(particularly for the County
Initiative) as outlined
in the current Consortium Agreement.
RESOURCE
PERSONS: Constance Stancil, Interim Director of
the Department of Housing and Community Development; Katherine Simmons,
Associate Director; and Vickie Miller, Planning and Development Officer
COUNTY MANAGER’S
RECOMMENDATION: The Manager
recommends that the Board hold the FY 2004-2005 Draft Consolidated Action Plan
public hearing to receive citizen comments.
10. Major
Site Plan—Texas
Trailer Commercial Site--Case
D02-426 20 min.
Wrenn
Engineering, on behalf of Texas
Trailer Company Incorporated, has submitted a site plan for conversion of an
existing 985-square-foot residential building to a trailer sales and rental
office on a 0.46-acre site, zoned GC, R-20, and F/J-B. The proposed project will be located on the
northeastern side of South Miami
Boulevard (US 70-A), across from Laurel Drive, and
north of Mineral Springs Road. (PINs
0840-04-63-8522 and 0840-04-73-0686; County
Atlas Page 79, Block
C-4).
RESOURCE PERSON(S): Frank M.
Duke, AICP, City-County Planning Director
COUNTY MANAGER’S
RECOMMENDATION: The Manager’s recommendation is that
the Board receive the presentation on the site plan
and approve.
11. Stormwater
Ordinance Amendment
15min.
The
proposed Stormwater Ordinance was passed at the April
12, 2004 Board of County Commissioners’ Regular Session. All the Commissioners were not present at
that meeting; therefore, the Ordinance is required to be passed a second time
to be valid.
The
current Stormwater Ordinance does not allow for a
review or a deviation of the 50' setback for streams shown on either the
U.S.G.S. topographical map or the U.S.D.A. soil survey map when the property is
not in the Neuse River Basin. This has resulted in the setback being
imposed on properties when the maps are in error, and the streams do not exist
on the ground. For properties located
within the Neuse River Basin, the State Division of Water
Quality reviews the imposition of the setback and can allow development when
there are streams shown in error on the maps.
The proposed amendment sets up a mechanism to provide for review of the
streams at the expense of the developer.
Since this represents an amendment to the County’s stormwater
program, it must be submitted to the Environmental Management Commission for
approval. During this review by the
State, the County
Engineer will prepare a
proposed fee schedule for approval by the Board.
RESOURCE PERSON(S): Chuck Kitchen,
County Attorney, and
Glen Whisler, County Engineer
12. Board
and Commission Appointments 10
min.
·
Adult
Care Home Community Advisory Committee
·
Community
Child Protection Team/Child Fatality Prevention Team
·
Durham Board of Adjustment
·
Durham Planning Commission
·
Memorial
Stadium Authority
·
Nursing
Home Community Advisory Committee
·
Open
Space and Trails Commission
13. Closed Session
1
hr.
The Board of Commissioners is requested
to adjourn to closed session to consider a personnel matter pursuant to G.S. §
143-318.11(a)(6).
______
3 hrs.