REVISED
(Deleted Item Nos. 9 and 10)
THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, June 12, 2006
Durham County Government Administrative Complex, Commissioners’ Room (2nd Floor)
200 E. Main Street, Durham,
NC 27701
AGENDA
“Public Charge”
The Board of Commissioners
asks its members and citizens to conduct themselves in a respectful, courteous
manner, both with the Board and fellow citizens. At any time, should any member of the Board
or any citizen fail to observe this public charge, the Chairman will ask the
offending person to leave the meeting until that individual regains personal
control. Should decorum fail to be
restored, the Chairman will recess the meeting until such time that a genuine
commitment to the public charge is observed.
As a courtesy to others, please turn
off cell phones during the meeting.
7:00 P.M. Regular Session
1. Opening
of Regular Session—Pledge of Allegiance
5 min.
2. Agenda Adjustments 5 min.
3. Announcements
5 min.
Public Meeting to
Discuss the Triangle Parkway
June 20, 2006, 4:00 –
8:00 p.m.
Sigma XI, 3106 East NC
54, RTP, NC
27709
4. Minutes
5 min.
a. January 4, 2006 Closed Session
b. January 9, 2006 Closed Session
c. January 23, 2006 Closed Session
d. February 6, 2006 Closed Session
e. February 13, 2006 Closed Session
f. February 27, 2006 Closed Session
g. April 10, 2006 Closed Session
h. May 22, 2006 Regular Session
i. May 23, 2006 Budget Worksession
j. May 24, 2006 Budget Worksession
(*Note: Due to the volume of public hearings, any item removed for
discussion will be placed at the end of the agenda.)
a. Office of the Sheriff and City of Durham Police Department Acceptance of 2006 Edward Byrne
Memorial Justice Grant (JAG) (acceptthe grant award from JAG in the amount of $143,662 that will be shared fifty-fifty with
the City of Durham);
b. Declaration of Surplus Personal Property and
Approval of Resolution to Donate to Nonprofit Corporations (declare the
personal property as surplus; authorize the donation of the personal property
to Freedom House Inc., Threshold, Housing for New Hope, Dominion, and Community
Choices on the condition that said property be used for a public purpose; and authorize
the County Manager to enter into an
agreement which reflects the terms of the conveyance as set forth herein);
f. Budget Ordinance Amendment No.
06BCC000066—Recognize Additional Smart Start Revenue (approve Budget Ordinance
Amendment No. 06BCC000066 in the amount of $27,000);
g. Budget Ordinance Amendment No. 06BCC000067—Changes to the Capital
Financing Fund and the Debt Service Fund (decrease the total budget for the
Debt Service Fund $1,565,594 and the Capital Financing Fund $1,390,293);
h. Adoption of the 10 Year Plan to
End Homelessness in Durham (adopt the plan);
i. Offer to Purchase County Surplus Properties
(106 Hillside Avenue and 606 East Umstead Street) (pursue the upset bid process
for the sale of 606 East Umstead Street and 106 Hillside Avenue);
j. Final Qualifying Bid to Purchase County Surplus Property at 4413
Denfield Road (accept the offer from Jin Grant to purchase 4413 Denfield Road [Parcel
ID #172523] for $25,000 and have a non-warranty deed prepared for the
Chairman’s signature); and
k. Declaration of 300 East Main (Eligibility Building) and 306 East
Main Streets (vacant) as Surplus Properties (determine that 300 East Main
[Eligibility Building] and 306 East Main Street are no longer needed for any
County purpose and to direct the staff to make them available as a package for
private purchase via the upset bid process).
7. Public
Hearing on the 2006-07 Recommended Budget
30
min.
8. Public
Hearing—Zoning Map Change—Joven Northeast Creek (P04-46) 20 min.
To approve a request for a zoning
map change for a 188.24-acre site located at the northeast quadrant of the
Ellis Road and NC 147 interchange. PINs:
0749-01-09-9724; 0749-01-19-5052, 0749-01-19-7702, 0749-01-19-9044;
0749-01-27-0832, 0749-01-27-6503; 0749-01-38-2639, 0749-01-27-7106;
0749-01-47-0432; 0840-03-20-2161, 0840-03-20-2161, 0840-03-20-3215
Request: IL to PDR 4.84, CG(D)and IL(D)
To approve as support for its action
on the above ordinance amendment the findings that the ordinance is consistent
with the Southeast Durham Plan and
that the request is reasonable and in the public interest in light of
information presented in the public hearing and in the agenda materials.
Alternatively, in the event that a
motion to approve the item fails, the finding that has been approved by the
Governing Body is to adopt as support for its action on the proposed zoning map
change the determination that, notwithstanding its consistency with the Southeast Durham Plan. The request is neither reasonable nor in the
public interest in light of information presented in the public hearing and in
the agenda materials.
Planning Department Recommendation:
Approval, based on the consistency with the Southeast
Durham Plan and the information contained within the staff report.
Planning Commission Recommendation
and Vote: Denial, 6-6, based on a finding that the request is not consistent
with the Durham Comprehensive Plan.
Resource
Person(s): Frank M. Duke,
AICP, City-County Planning Director
County Manager’s Recommendation: The Manager recommends that the
Board conduct a public hearing on the proposed zoning map change and approve
it, if appropriate, based on the comments received.
9. Public
Hearing—Zoning Map Change—Sauternes (Z05-33) 25 min.
To approve a request for a zoning
map change for 422.6-acre site located on the east side of Doc Nichols Road,
west of Olive Branch Road, and north of Leesville Road.
PINs 0769-01-19-6484,
0769-01-28-5750, 9769, 0860-03-11-5310, 0860-03-23-1165, 0860-03-32-3006,
0860-03-34-5218, 0860-03-34-9805
Request: RR and PDR 3.21; F/J-B to
PDR 3.00; F/J-B
To adopt as support for its action
on the proposed zoning map change the findings that the action is consistent
with the Durham Comprehensive Plan and is reasonable and in the public interest
in light of information presented in the public hearing and in the agenda
materials.
Alternatively, in the event that a motion
to approve the item fails, the finding that has been approved by the Governing
Body is to adopt as support for its action on the proposed zoning map change
the determination that, notwithstanding its consistency with the Durham
Comprehensive Plan. The request is
neither reasonable nor in the public interest in light of information presented
in the public hearing and in the accompanying agenda materials.
Planning Department Recommendation:
Approval, based on consistency with the Comprehensive Plan and the information
contained in this report.
Planning Commission Recommendation
and Vote: Approval, 10-2, on April 11, 2006, based on
finding that the ordinance is consistent with the adopted Durham
Comprehensive Plan, and considering the information in the staff report and
comments received during the public hearing.
Resource
Person(s): Frank M. Duke, AICP, City-County
Planning Director
To approve a request for a zoning
map change for 44.336-acre site located on the south side of Scott King Road, east
of Herndon Road and west of Grandale Drive.
PINs 0727-03-33-0274,
0727-03-33-3487, 0727-03-33-5136, and 0727-03-33-6917
Request: RR to PDR 1.990
To adopt as support for its action
on the proposed zoning map change the determinations that the action is
consistent with the Comprehensive Plan and is reasonable and in the pubic
interest in light of information presented in the public hearing and in the
agenda materials.
Alternatively, in the event that a
motion to approve the item fails, the Commissioners
adopt as support for their actions on the proposed zoning map change the
determination that, notwithstanding its consistency with the Comprehensive Plan. The request is neither reasonable nor in the
public interest in light of information presented in the public hearing and in
the accompanying agenda materials.
Planning Department Recommendation:
Approval, based on consistency with the Comprehensive Plan and the information
contained in this report.
Planning Commission Recommendation
and Vote: Denial, 12-0 on April 11, 2006.
The Planning Commission finds that the
requested revision to the zoning districts of the UDO is consistent with the
adopted Comprehensive Plan. The
commission recommends that the request be denied based on finding that the
project will adversely impact sensitive environmental areas; that there is
significant opposition from the surrounding community; that the density of the
project is inconsistent with the neighboring land uses and densities; and
considering the information in the staff report and comments received during
the public hearing.
Resource
Person(s): Frank M. Duke, AICP, City-County
Planning Director
County Manager’s Recommendation: The
Manager recommends that the Board conduct a public hearing on the proposed
zoning map change and approve it, if appropriate, based on the comments
received.
11. Public Hearing for Economic Development
Investment Funds for Parata Systems 10 min.
Parata Systems, which designs and manufactures
automated prescription fulfillment systems, is in the process of acquiring the
McKesson Automated Prescription Systems business unit of Rapides Parrish,
Louisiana and Pittsburgh, Pennsylvania. The acquisition will more than double
Parata’s current operation and workforce.
Within the next few weeks, Parata Systems
will make the decision whether to consolidate the expanded company in Durham
County, Rapides Parrish, or Pittsburgh.
Officials from Parata Systems have stated that incentives are a key
consideration in its location decision.
Parata Systems was founded in Durham in 2001 and
has grown significantly in the past few years.
Currently, there are 140 employees working in Durham’s Meridian
Park. The proposed investment for the
expanded company is estimated to be in excess of $15.5 million and would
include 200 new jobs within five years.
Staff is recommending that the
County participate in this economic development project by
reimbursing Parata
Systems up to one hundred thousand dollars ($100,000.00) for
the costs of expansion, relocation, and employee training.
This public hearing was advertised
on Friday, June 2, 2006, as required by Statute.
Resource
Person(s): Michael M. Ruffin, County Manager
County
Manager’s Recommendation: The County Manager recommends
that the Board hold the public hearing and, based upon the information
received, approve entering into the standard reimbursement contract between the
County of Durham and Parata Systems in the amount of $100,000 to allow for the
reimbursement of costs associated with expansion, relocation, and employee
training.
12. Public
Hearing to Receive Comment on the Revised Durham County
2006-2016
10-Year Comprehensive Solid Waste Management Plan (SWMP) 15
min.
The Department of General Services
requests that the Board of County Commissioners conduct a public hearing to receive
comment from interested parties on the revised 10-year comprehensive Solid
Waste Management Plan (SWMP) for 2006-2016.
At a BOCC regular meeting on May 22,
2006, a public hearing was set for Monday, June 12, 2006, to receive public
comment on the revised plan. The
appropriate public notices were advertised in the Durham Herald-Sun, The
Carolina Times, and The News & Observer newspapers. Copies of the draft SWMP were made available
for public viewing beginning May 23, 2006 at the Clerk of Court’s office, main
branch of the Durham County Public
Library, Office of the Clerk to the BOCC, and the Department of General
Services. In addition, copies were
mailed on May 23, 2006, to all waste collectors serving Durham County.
Prior to the public hearing, staff
will briefly summarize revisions to the plan for the Board and be prepared to
document comments received from all interested parties.
Resource
Person(s): Michael Turner,
Director of General Services, and Thomas Bryant, Waste Reduction Manager
13. Hearing
on Request for Refund Excise Taxes 10
min.
A request
for a refund of deed tax stamps has been received, including an affidavit which
states that a deed was sent to the Durham County Register of Deeds in
error. The property being conveyed by
the deed was located in Forsyth County.
As part of the recording, excise taxes were paid to the Register of
Deeds in the amount of $90.00. Pursuant
to G.S. § 105-228.37, the Board of Commissioners must hold a hearing to
determine whether or not a refund is due.
The Board is requested to hold this hearing and, if appropriate, order a
refund of one-half of the amount paid to the Register of Deeds; this $45.00
being the amount retained by the County.
Resource Person(s):
Chuck Kitchen, County Attorney
County
Manager’s Recommendation: Hold the hearing as required by
statute and adopt the refund order, if appropriate.
14. Major
Site Plan—North State Storage—Phase II (D05-604) 10 min.
Civil
Consultants Inc., on behalf of North State Storage One, LLC, has submitted a
major site plan and buffer reduction request for a 29,000-square-foot addition
to an existing self storage facility with seven vehicle parking spaces on a
6.91-acre site, zoned
IL(D) and F/J-B and with a request to reduce the eastern buffer to 25 feet from
40 feet. [The property is located at
2015 Mineral Springs Road on the east side of Sherron Road and north of US
70. PINs 0840-04-80-7869, 0840-04-81-8060,
0840-04-81-6250]
