THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

Monday, January 8, 2007

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.

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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.

        December 4, 2006 Worksession

5.     December Anchor Award Winner—Ray Poole

                                                                                                                                                             5 min.

Mr. Ray Poole, Administrative Officer, EMS, was selected to receive the December Anchor Award.  He was recognized for his heroics while working off duty as a Triage Technician at Durham Regional Hospital.

Mr. Poole (and other Durham Regional staff) rescued an unconscious man from a burning car.  He knocked the window out of the car and brought the man to safety.  The man was taken to Durham Regional Hospital where he was treated for his injuries.

Chairman Ellen Reckhow will lead the presentation.

Resource Person(s): Mike Smith, EMS Director

County Manager’s Recommendation: The Manager recommends that the December Anchor Award be presented to Ray Poole along with congratulations of the entire organization.

6.     Introduction of Web Casting of Durham County Meetings by Granicus Inc.

                                                                                                                                                            10 min.

Durham County Government has entered a new era in communicating its meetings with the community.

Durham County has teamed with Granicus Inc., a provider of streaming media solutions to local government, to web cast Durham County Board of Commissioners’ meetings and other meetings live and archived on the Internet.  The web-streaming system provided by Granicus is designed specifically for cities and counties and meets specific public sector needs.  Granicus provides local governments with the ability to deliver public meetings, service announcements, education content, and video training through the Internet, live or on-demand.  The package includes BOCC minutes, reports, agendas, and more—all synchronized with the video/audio content.

A brief demonstration will be provided.

Resource Person(s): Deborah Craig-Ray, Assistant County Manager

County Manager’s Recommendation: The Manager’s recommendation is that the Board receive the brief overview of the new Granicus system.

7.     Adoption of the Durham County Board of Health Resolution Urging the General Assembly to Enact Legislation Allowing Local Fees for Food and Lodging Inspections

                                                                                                                                                             5 min.

The Board is requested to adopt the November 9, 2006 Durham County Board of Health Resolution Urging the General Assembly to Enact Legislation Allowing Local Fees for Food and Lodging Inspections

        Resource Person(s): Brian E. Letourneau, MSPH, Health Director, and Robert M. Brown, Environmental Health Director

County Manager’s Recommendation: The Manager recommends that the Board adopt the resolution.

8.     Consent Agenda                                                                                                                          20 min.

a.   Budget Ordinance Amendment No. 07BCC000035—Public Health—Recognize Grant Revenue in the Amount of $59,206 from the U.S. Department of Housing and Urban Development Through the N.C. Department of Environmental and Natural Resources and the City of Durham;

b.   Budget Ordinance Amendment No. 07BCC000036—Cooperative Extension—Welcome Baby Father Focus (recognize $30,000 in grant funding from the Durham Partnership for Children for the purpose of expanding the Welcome Baby educational focus on fatherhood education and authorize the addition of a provisional .53 FTE to the Cooperative Extension Department);

c.   Budget Ordinance Amendment No. 07BCC000037—Cooperative Extension—Seniors Health Insurance Information Program Funding (recognize $3,100 in grant funding from the Department of Insurance for the purpose of expanding the outreach to senior citizens through the Cooperative Extension Department);

d.   Budget Ordinance Amendment No. 07BCC000038—Debt Service Fund Revenue Category Change for Lottery Proceeds (change the revenue category for budgeted lottery proceeds of $4,600,000 being transferred from the Public School Building Fund to the Debt Service Fund from an “intergovernmental” revenue category to an “other financing sources” category);

e.   Approve the Sale of County Surplus Properties—2800 Sater Street and 134 & 134½ Hillside Avenue (approve the sale of 2800 Sater Street to Elizabeth Stuart LLC for $1,600 and the sale of 134 & 134½ Hillside Avenue to Self Help Community Development Corporation for $10,000);

f.    Offer to Purchase County Surplus Properties (304 South Briggs Avenue, 2304 Hart Street, 605 Holloway Street, 109 South Maple Street, and 1320 Willowdale Drive) (pursue the upset bid process; the Board has the authority to accept or reject any offer at the conclusion of the upset bid process);

g.   Appointments to the Hollow Rock Planning Committee (approve the appointments of John Goebel, Wendy Jacobs, Charlie Welch, Becky Heron, and Ellen Reckhow [alternate]);

h.   Approve the Lease Amendment for DACCA Offices (approve the lease amendment and direct the Manager to execute the lease);

i.    Cultural Master Plan Spending Requests (approve the grants for the four community projects authorizing the expenditure of implementation funds); and

j.    Civic Center Authority Board Appointment Qualifications (approve the qualification for appointments to the Civic Center Authority Board).                    

9.     Public Hearing to Consider Allocating Economic Development Investment Funds to Merck & Co. Inc.

                                                                                                                                                            15 min.

Merck & Co. Inc. is considering an expansion to its pharmaceutical manufacturing facility on its existing 257 acre site located in Treyburn Corporate Park.  A new building of approximately 115,000 square feet would be constructed to house this expansion.  Merck develops, manufactures, and commercializes pharmaceutical products. 

The proposed new investment for the Treyburn campus is estimated to be approximately $100 million.  Upon completion Merck would manufacture a new vaccine product.  In addition to the capital investment associated with the construction of the building, it is anticipated that there would be approximately 60 new jobs established in Durham County. 

Merck & Co. Inc. is in the process of making the final decision as to where to locate the proposed expansion.  Staff is aware of several other sites being considered for this investment.  Merck officials have stated that Durham County’s financial support for the project will be a key consideration in the final decision.  Merck is requesting that the County participate in the costs of site preparation activities, such as site clearing and grading, and extension of utilities.

Staff is recommending that the County participate in this economic development project by reimbursing Merck & Co. Inc. up to one million dollars ($1,000,000.00) for the costs of site preparation activities and extension of utilities.

This public hearing was advertised on Wednesday, December 27, 2006 as required by Statute.

Resource Person(s): Carolyn P. Titus, Deputy County Manager

County Manager’s Recommendation: The County Manager recommends that the Board hold the public hearing, and based upon the information received, approve the reimbursement contract between the County of Durham and Merck & Co. Inc. to allow for the reimbursement of costs associated with the site preparation, such as site clearing and grading, and the extension of utilities.

10.    Public Hearing—Zoning Map Change—Farrington Road Townhomes (Z05-27)

                                                                                                                                                            40 min.

The Board is requested to approve a zoning map change for a 39.334-acre site located on the west side of Farrington Road, south of Ephesus Church Road and north of Wendell Road.  PINs 0709-03-21-4287, -22-7153, -8995, -23-5054, -8175, -32-0715  Request: RS-20; F/J-B and MTC (partial) to PDR 5.700; F/J-B and MTC (partial)

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 accompanying agenda materials; or

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.

Staff Recommendation: Approval, including approval of 20 lots within the TUA, based on consistency with the Comprehensive Plan and considering the information contained in this report.

Planning Commission Recommendation and Vote: Denial, 14-0 on November 14, 2006.  The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan.  The Commission does not believe this request is reasonable or in the public interest in light of the information in the staff report and comments received during the public hearing.  The Commission recommends denial based on increased traffic congestion, inadequate provision of facilities in the development plan, impacts on sensitive environmental areas, opposition from the community and inconsistency with neighboring land uses. 

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—5200 Wake Forest Highway (Z06-15)

                                                                                                                                                            10 min.

The Board is requested to approve a zoning map change for a 4.696-acre site located at 5200 and 5204 Wake Forest Highway.  PINs 0860-01-19-5874, -6550; 0861-03-10-7293  Request: RR, RS-20, and CC(D); F/J-B to CC(D); F/J-B

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 accompanying agenda materials; or

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.

Staff Recommendation: Approval, based on consistency with the Comprehensive Plan and the information contained in this report.

Planning Commission Recommendation and Vote: Approval, 7-6 on September 12, 2006.  The Planning Commission finds that the ordinance request is not consistent with the Comprehensive Plan.  However, should the governing body approve the pending plan amendment; the ordinance request will be in compliance with the revised Comprehensive Plan.  The Commission believes the request is reasonable and in the public interest and recommends approval based on 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.

12.   Public Hearing—Plan Amendment, Joven Northeast Creek (A06-14)

                                                                                                                                                            10 min.

The Board is requested to conduct a public hearing on a plan amendment for Joven Northeast Creek (A06-14) and approve the requested change to the land use designation on the Future Land Use Map of the Durham Comprehensive Plan from Industrial to Low-Medium Density Residential (4-8 DU/Ac.) and Commercial.

Planning Department Recommendation: Approval, based on the justification and meeting the criteria for plan amendments.

Planning Commission Recommendation: Approval, September 12, 2006 (13-0), based on the approval of a recent rezoning by Durham County.

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 and, if appropriate based on the comments received, approve Plan Amendment A06-14.

13.   Public Hearing—Plan Amendment, SECU, East Durham (A06-20)

                                                                                                                                                            10 min.

The Board is requested to conduct a public hearing and receive public comment on a plan amendment for SECU, East Durham (A06-20); and approve the requested change to the land use designation on the Future Land Use Map of the Durham Comprehensive Plan from Low Density Residential (4 DU/Ac. or less) to Commercial.

Planning Department Recommendation - Approval, based on the justification and meeting the criteria for plan amendments.

Planning Commission Recommendation - Approval, November 14, 2006 (12-2) based on making the land use plan consistent with existing zoning.

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 and, if appropriate based on the comments received, approve Plan Amendment A06-20.

14.   Public Hearing—Unified Development Ordinance (UDO) Text Change—
Chain-Link Fencing (TC06-19)

                                                                                                                                                            10 min.

The Board is requested to receive public comments on Text Change—Chain-Link Fencing (TC06-19) and adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 9 to repeal the provisions restricting use of chain-link fencing. 

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 UDO text change and, if appropriate based on the comments received during the hearing, approve the change.

15.   Durham Open Space and Trails (DOST) Commission Matching Grants Funding Recommendation

                                                                                                                                                            10 min.

The Durham Open Space and Trails Commission (DOST) received eleven applications for the Matching Grants Program to assist nonprofit community organizations with recreational and open space projects.  The Matching Grants committee of the DOST and county staff examined the eleven proposed projects to ensure compliance with the program’s goals and guidelines.  The DOST approved the project and funding recommendation below at its November 20, 2006 meeting:

Organization	Project	Grant Request	Match	Project Total
Ellerbe Creek Association	Upgrades and new trails at three public nature reserves	$4,710	$4,710	$9,420
Eno River Association	Acquisition and trail development of two adjacent undeveloped tracts	$43,563	$43,563	$87,126
George Watts Montessori PTA	Playground installation for Pre-Kindergarten age children	$25,662	$25,662	$51,324
Little River PTA	Playground installation	$9,233	$9,233	$18,466
TOTAL		$83,168	$83,168	$166,336

The recommendation to allocate $83,168 of county funds represents a gain to the County of $83,168 in matching funds as half the projects’ proposed value of $166,336.  The Matching Grants program budget of $85,000 was approved in the FY2006-2007 Budget.    

Resource Person(s): Annette Montgomery, Matching Grants Committee Chair and Kevin Etheridge, Budget Analyst/Matching Grants Administrator

County Manager’s Recommendation: The Manager recommends that the BOCC approve the Ellerbe Creek Association, Eno River Association, George Watts Montessori School, and Little River Elementary funding requests and the allocation of $83,168 of the budgeted Matching Grants funds to these projects.

                                                                                                                                                      _________

                                                                                                                                                         2¾ hrs.