THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, June 26, 2006
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.
4:00 – 6:00 P.M.
Closed Session—Personnel Matters
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.
4. Minutes 5 min.
a. June 5, 2006 Worksession
b. May 31, 2006 Budget Worksession
c. June 12, 2006 Regular Session
5. Recognition of NC Council of
Community Program Award to Ellen Holliman
5 min.
On May 22, the North
Carolina Council of Community Programs recognized
Ellen Holliman, Durham Center Area Director, to receive its 2006 Emerging
Leadership Award.
The group works to
shape the public policies that govern organization, funding, and administration
of public mental health, developmental disabilities, and substance abuse
services in North Carolina
and provides technical assistance to its local member agencies. Ms. Holliman took the helm of The Durham
Center in April 2002 and guided the organization through the complex and
challenging transition from its role as provider of direct services to one of
manager of those services (part of North
Carolina’s mental health reform initiative).
The Emerging Leader
Award recognized Ms. Holliman’s commitment to quality community care evidenced
by The Durham Center’s creation of rapid response homes for children, a
24/7/365 crisis facility, and evidence-based practices for adults, including
Assertive Community Treatment, Integrated Dual Disorder Treatment Teams,
Illness Management and Recovery, Family Psychoeducation, and Supported
Employment. The result of these
innovative programs has been a substantial reduction in the use of State
institutions for inpatient care and a dramatic reduction in out-of-home
placements of children.
County Manager’s Recommendation: The Manager recommends that the Commissioners extend congratulations to Ellen
Holliman for receiving this prestigious award.
6. Recognition of NC Council of
Community Program Award for Doug Wright
5 min.
On May 22, the North
Carolina Council of Community Programs recognized Doug Wright, Durham Center
Area Board Chair, with its 2006 Area Board Leadership Award.
The group works to
shape the public policies that govern organization, funding, and administration
of public mental health, developmental disabilities, and substance abuse
services in North Carolina
and provides technical assistance to its local member agencies. The Council’s Area Board Leadership Award
recognizes members of local Area Boards whose overall contributions have been
important in serving persons with mental, physical, and chemical
disabilities. Mr. Wright has chaired the
Board of The Durham Center since 2002 and has provided crucial leadership
during the organization’s transition to a service management role. Under Mr. Wright’s leadership, the Board
commissioned a thorough Community Substance Abuse Needs Assessment and Plan and
a Community Assessment and Plan for Persons with Developmental
Disabilities. These Plans involved the input of hundreds of people,
including consumers and representatives of other key community agencies.
The Board Leadership
Award recognizes Mr. Wright’s tireless efforts to assemble a Board of dedicated
citizens working actively and collaboratively to formulate good public policy
by involving the community and the people it serves, creating a system that is
more responsive to people with mental health, substance abuse, and
developmental needs.
County Manager’s Recommendation: The Manager recommends that the Commissioners extend congratulations to Doug Wright
for receiving this prestigious award.
6a. June
Anchor Award Winner – Tom Dougherty
5 min.
Tom Dougherty, Senior Maintenance
Equipment Technician for General Services, was selected to receive the June
Anchor Award. Tom was recognized for
assisting another County employee
during a medical emergency.
While on a work order assignment at
the Public Health Center, Mr. Dougherty noticed Penny, an employee,
hyperventilating and in tears. He
quickly checked her pulse, which was extremely high (exceeding 45 beats in 15
seconds, or 180 per minute) and noticed she was clammy and beginning to change
colors. Tom realized this was a medical
emergency and called 911. He then
alerted the Wackenhut security guard and got a wheel chair to move Penny inside
the building. If Tom had not helped
Penny, she could have had a heat stroke, or possibly a heart attack.
Chairman Ellen Reckhow will lead the presentation.
County Manager’s Recommendation: The Manager recommends that the
June Anchor Award be presented to Tom Dougherty along with congratulations of
the entire organization.
7. Adoption of FY2006-2007 Budget Ordinance
20
min.
8. Consent Agenda 20
min.
(*Note: Due to the volume of public hearings, any item removed for
discussion will be placed at the end of the agenda.)
b. Property Tax Releases and Refunds for Fiscal Year 2005-2006
(accept the property tax release and refund report for May 2006 as presented
and authorize the Tax Assessor to adjust the tax records as outlined by the
report);
c. Contract Amendment - Extension of the Unified
Development Ordinance (UDO) Contract (authorize the County Manager to extend a no-cost extension to
the UDO contract through June 2007);
e. Durham Public Schools – Acquisition of Real Property (located at the
intersection of Hebron Road and Old Oxford Highway in Northeast Durham;
purchase price of $30,250 per acre, 25.05 acres, for a total of $757,762.50;
final acreage price to be determined by survey but cost not to exceed
$770,000);
f. 2005 Annual Report of the Durham
Environmental Affairs Board (accept the report);
g. Juvenile Crime Prevention Council (approve
the recommended appointments of DSS Director Sammy Haithcock and School
Superintendent Designee Eunice Sanders);
k. Contract with Cox & Company (renew to
provide support and updates to the Tax Administration Department; not to exceed
$45,000 for support services);
l. Contract with American Solutions for
Business (approve to design, print, and mail forms for the Tax Administration
Department; not to exceed $190,000 for postage and $100,000 for design,
printing, internet payments, and mailing);
m. Contract with County
Tax Services Inc. (renew to conduct audits and consulting; not to exceed
$100,000);
n. Contract with Turner Business Appraisers Inc.
(renew the contract to conduct audits; not to exceed $50,000);
o. Contract with Tax Management Associates Inc.
(renew to conduct audits and provide the model building program; not to exceed
$77,000);
q. Approval of Application for Public School Building Capital Fund Monies—$2,370,000
for Existing Durham Public School Related Debt (authorize the Board
Chairperson’s signature on a Public School Building Capital Fund application
for $2,370,000; these funds will support County
debt service payments related to 2001 General Obligation bonds issued for
various Durham Public School projects);
r. Contract Approval for Reused Wastewater
Capital Project Design (authorize the Manager to execute a contract not to
exceed $191,200);
s. Order Closing the Revaluation Special Revenue Fund (adopt the order to
effect the change in the new Budget Ordinance); and
t. Termination of Contract with Fox Lawson & Associates, LLC
(authorize the Manager to send a notice of termination to Fox Lawson to
terminate the contract effective immediately).
9. Public Hearing—Proposed Secondary Road
Construction Program for Durham
County
(2006-2007)
15
min.
Resource
Person(s): Tasha Johnson,
P.E., North Carolina Department of Transportation, Division of Highways,
Division Five
County Manager’s Recommendation: The Manager recommends that the
Board review the Proposed Secondary Road Construction Program and hold the
public hearing. Note that any changes to
the priorities affect others on the priority listing. After the public hearing, if appropriate,
approve the Proposed Secondary Road Program.
20
min.
The Board is requested to approve a
zoning map change for a 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 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 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 the 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—Zoning Map Change—Sauternes (Z05-33)
30
min.
The Board is requested to approve a
zoning map change for a 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 the 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
12. Public
Hearing—Statutory Vested Rights Determination—Triangle Metro Center—West and
South (VR06-01)
10
min.
The Board is requested to approve a
statutory vested rights determination for a
152.46-acre site located on the north side of Hopson Road, and east and west
side of Davis Drive. PINs
0747-03-14-2716; --15-6012; --24-7670; --25-0657; 0747-01-05-2301 and –15-6880
(partial)
Request: A statutory vested rights
determination for the Triangle Metro Center West and South developments for a
period of up to five years.
Planning Department Recommendation:
Approval
Resource
Person(s): Frank M. Duke,
AICP, City-County Planning Director
13. Public
Hearing—Unified Development Ordinance (UDO) Text Amendment—Sedimentation and
Erosion Control Revisions (TC06-05)
10
min.
The Board is requested to receive
public comments and approve text amendment
TC06-05 to the Unified Development Ordinance, which incorporates Sedimentation
and Erosion Control Revisions into the Unified Development Ordinance.
14. Public
Hearing—Plan Amendment—Evaluation and Assessment Report (A06-09)
10
min.
The Board is requested to hold a public hearing and receive
public comment on a Plan Amendment for the policy changes identified in the
Evaluation and Assessment Report and on seven Future Land Use Map.
15. Preliminary
Plat—Quail Ridge Subdivision (D04-644)
45
min.
The Board is requested to approve a
Preliminary Plat for Quail Ridge Subdivision submitted by Davis Architects,
PLLC on behalf of Worman Development,
L.C., for 86 single-family residential lots on a 91.425-acre site zoned
RS-20. (The property is located south of
West Cornwallis Road, east of Kerley Road and north of Erwin Road. PIN 0802-03-40-1503 and 0801-01-38-5292.)
The Development Review Board recommends approval.
16. Major
Site Plan and Preliminary Plat—Cameron Grove Subdivision (D05-978)
10
min.
The Board is requested to approve a
Major Site Plan and Preliminary Plat for Cameron Grove Subdivision submitted by
Horvath Associates, PA, on behalf of Bryan Properties Inc., for 136 single-family residential
lots on a 97.82-acre portion of a 251.16-acre site zoned PDR 2.240. (The property is located east of Vintage Hill
Parkway and northeast of Snow Hill Road.
PINs 0846-01-30-5862 and 0845-03-37-2739.)
The Development Review Board
recommends approval.
17. Quasi-Judicial
Hearing: Major Special Use Permit—Colvard Farms Community Water and Sanitary
Sewer System (M06-03)
20
min.
The Board is requested to hold a
quasi-judicial hearing to consider a Major Special Use Permit for a community
water and sanitary sewer system on parcels located within the RR district and
F/J-A overlay.
In addition, the Board is requested
to direct the Planning Director to prepare an order for adoption, approval,
approval with conditions, denial, or to continue the hearing to a specified
later meeting. (A draft order for
approval with staff-recommended conditions will be available at the meeting.)
Horvath Associates, PA, on behalf of
the Colvard Farms Development Company LLC, proposes the extension of a
community water and sanitary sewer system from the Chatham County portion of Colvard Farms Conservation
Subdivision into the Durham County
portion. (PINs: 0717-03-10-9167,
0717-03-00-6276, 0717-03-00-9106)
The Planning Department recommends
approval based on technical requirements.
A final staff recommendation will be offered following the hearing.
Resource Person(s): Frank M. Duke, AICP, City-County Planning Director
18. Board
and Commission Appointments
10 min.
·
Bicycle
and Pedestrian Advisory Committee
·
Board
of Adjustment
·
Civic
Center Authority
·
Juvenile
Crime Prevention Council
·
Social
Services Board
· Women’s Commission
· Workforce Development Board
_________
4¼ hrs.