REVISED
(added Item No. 3[c])
THE BOARD OF COUNTY
COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, March 11, 2002
AGENDA
6:30 P.M.
Closed Session
________________________
7:00 P.M.
Regular
Session
1. Opening of Regular Session—Pledge
of Allegiance
2. Agenda Adjustments
3.
Minutes
a.
December
10, 2001 Regular Session
b.
January
28, 2002 BOCC Retreat
c. November 26, 2001
Commissioner Heron moved, seconded by Commissioner Bowser,
to approve the December 10, 2001 Regular Session Minutes as submitted.
The motion carried unanimously.
___________________
Commissioner Heron moved, seconded by Commissioner Bowser,
to approve the January 28, 2002 Commissioners’ Retreat Minutes as submitted.
The motion carried unanimously.
___________________
Vice-Chairman Reckhow moved, seconded by Commissioner Cousin,
to approve the November 26, 2001 Regular Session Minutes as submitted.
The motion carried with the
following vote:
Ayes: Black, Cousin, Heron, and Reckhow
No: Bowser
Commissioner
Bowser has asked that his comments regarding the Minutes of
November 26, 2001 be included in this meeting’s minutes.
4. Resolution Recognizing the Herndon Farmland Easement Donation
The resolution recognizes the Herndon family for their
donation of a Conservation Easement to the County of Durham on their 50-acre
farm located on Massey Chapel Road in Southwest Durham. The resolution recognizes and thanks the
Herndon family for the protection of sustainable family farming and their
contributions to the Durham County Farmland Protection Program.
Resource Person(s): Frank Duke, Planning Director, and
Mike Giles, Open Space Land Manager
The Herndon family in
attendance was recognized by staff and the Commissioners. A plaque and resolution were presented and
the County’s appreciation expressed.
Ms. Faith Herndon spoke representing the family and its legacy to Durham
County.
Commissioner Comment—Becky
Heron
Commissioner
Heron read an email she received regarding the absence of bike racks for
parking bicycles at the new South Pointe Mall.
Vice-Chairman Reckhow requested an explanation for this omission in
connection with the County’s Code of Ordinances.
The
Board requested a letter be sent to the owner or manager of the mall with the
ordinance attached. The bike trail
which is adjacent to the mall, is the longest in the state. The letter would ask for the mall to make a
good faith voluntary effort to install bike racks. A copy should be sent to the City.
Commissioner
Comment—MaryAnn Black
Chairman
Black noted a correspondence received from a disappointed out-of-county citizen
who could not access South Pointe Mall on Saturday due to traffic
congestion. She asked that a letter go
out addressing Durham’s other attractions and encouraging his attendance.
5. Introduction of the New Youth
Home Director
The Board will have an opportunity
to meet Ms. Angela Nunn, the newly appointed Youth Home Director. She served as the Interim Director during
the fall of 2001.
Ms. Nunn joined Durham County’s
Youth Home in 1994 as a Detention Counselor III, during which time she
performed resident care, custodial, administrative, and supervisory
duties. In addition, she provided leadership
in the absence of the Director. Prior
to joining Durham County, she worked in a variety of progressively responsible
correction positions serving at the North Carolina Correctional Institution for
Women from 1989-1994.
She is a 1981 graduate of North Carolina Central University
where she received a B. A. degree in Criminal Justice and has also done
coursework towards a Master’s degree in Criminal Justice/Correctional
Administration. Ms. Nunn also holds an
Associate’s degree in Police Science from Durham Technical Community
College.
Resource Person(s): Carolyn P. Titus, Deputy County
Manager
County Manager's Recommendation: The Manager’s recommendation is
that the Board welcome Ms. Nunn as the new Durham County Youth Home Director.
Ms. Titus introduced Ms.
Nunn, who made comments to the Board.
6. Introduction of the New Veterans
Services Officer
Mr. Louis Washington has joined
Durham County Government as the new Veterans Services Officer. He began work on February 4, 2002. Mr. Washington is a U. S. Army veteran and
has more than 21 years of experience in Veterans Affairs primarily performing
case management, research, marketing, and educational counseling. From 1980 to 1998, he served as National Service
Officer for Disabled Americans, Department of Military and Veterans Affairs,
Regional Office in Newark, New Jersey.
The role of the Veterans Services
Officer is to advise veterans and their dependents on their rights and
eligibility for veterans’ benefits. Mr.
Washington will also assist them in completing the appropriate applications for
the benefits and will submit the paperwork to the appropriate federal or state
agencies.
The
Veterans Services office is located at 200 N. Mangum Street on the corner of
Parrish Street. Regular office hours
are 10 a.m. until 2 p.m., Monday through Friday. Mr. Washington can be reached at 560-VETS (8387).
The
Veterans Services office had been closed since 1998. Durham County Commissioners voted to reopen the office on a
part-time basis during last summer’s budget deliberations.
Resource Person(s): Wendell M. Davis, Deputy County Manager
County Manager's Recommendation: The Manager’s recommendation is
that the Board welcome Mr. Washington as the new Veterans Services Officer.
Mr. Davis introduced Mr.
Washington, who made comments to the Commissioners.
7. Introduction of the New
City-County Planning Director
The Board will have an opportunity to meet Mr. Frank Duke,
the newly appointed Joint City-County Planning Director. Mr. Duke comes to Durham from the state of
Florida where he served as the Director of the Planning Division of Palm Beach
County in West Palm Beach, FL. As
Planning Director for Florida’s largest county geographically, he was
responsible for the implementation, interpretation, and amendment of the
County’s comprehensive plan. Prior to
being named Director in 1997, he was the Senior Supervising Planner for the
South Florida Water Management District for West Palm Beach, where he led the development
of the District Water Management Plan and served as Director of Community
Development and Planning for Bay County (Panama City, FL) from 1982 to
1989. He has held other planning and
economic analyst positions in Tallahassee and Sarasota.
Mr. Duke holds Bachelor of Arts degrees from Auburn
University and the University of Alabama at Birmingham. He earned a Master’s degree in Planning from
Florida State University in 1987, with a concentration in housing and economic
development. He also holds a Master’s
degree in History from Auburn University.
Resource Person(s): Wendell M. Davis, Deputy County Manager
County Manager's Recommendation: The Manager’s recommendation is
that the Board welcome Mr. Duke as the new City-County Planning Director.
Mr. Duke was not
present due to illness.
8.
Consent Agenda
a.
Budget
Ordinance Amendment No. 02BCC000054—The Durham Center—Recognize One-Time
Medicaid Settlement in the Amount of $514,862 (approve the Durham Center's
Budget Ordinance Amendment No. 02BCC000054 in the amount of $514,862);
b.
Appointment
of the Chairman and Vice Chairman for the 2002 E & R Board (appoint Mr.
George Scott as Chairman and Ms. Kelly Matherly as Vice Chairman of the Board
of Equalization and Review);
c.
Approval
of Federal Grant Offer to the Raleigh-Durham International Airport (accept the
grant offer);
d.
Approve
Grant Application from the Criminal Justice Resource Center to the
NC Department of Correction, Division of Community Corrections, for Criminal
Justice Partnership Program Funds (approve the application for Continuation of
Implementation Funding to the Criminal Justice Partnership Program; this has
been placed on the consent agenda as it is a reoccurring grant application and
approval process the County participates in each year); and
e.
Cancellation
of Public Hearing on School Impact Fee Ordinance (cancel the
March 25, 2002 public hearing).
Commissioner Bowser moved, seconded by Vice-Chairman
Reckhow, to approve Consent Agenda items 8(a), (b), (c), (d), and (e).
The motion carried unanimously.
Added Item--Consent Agenda item (8f):
Land purchase for a new library site in the eastern area of Durham
County. The Board, during its Closed
Session, discussed several sites for constructing a library in eastern Durham
County. The Board presented this site
on the east side of NC Highway 98 for approval.
Vice-Chairman Reckhow moved,
seconded Commissioner Cousin, to approve purchase of the land for a new library
site.
The motion carried with the
following vote:
Ayes: Black, Cousin, Heron, and Reckhow
No: Bowser
Commissioners Bowser, Cousin, and
Reckhow made extensive comments to support their votes against and for the land
purchase.
9. Public Hearing—Daiko Construction Inc., Applicant (Rezoning Case
P01-79)
Daiko Construction Inc. will present to the Board of County
Commissioners a request to rezone 10.9
acres on the west side of Fayetteville Road north of the intersection of
Fayetteville Road with Scott King Road, PIN 0717-02-55-1392 (Tax Map 530, Block
2, Lot 1) Request: RD (Rural
District) to PDR 2.47 (Planned Density Residential-2.47 units/acre)
(Falls/Jordan Watershed Protection Area B).
The proposal is in general conformance with the small area plan. Staff recommends approval. The Zoning Committee of the Durham Planning
Commission conducted a public hearing on February 12, 2002 and voted 7-0 to
recommend denial.
The public hearing for this
request was advertised on February 22 and March 1, 2002 in the Durham Herald-Sun.
Resource Person(s): Nazeeh Abdul-Hakeem, Acting
Planning Supervisor, and Dick Hails, Assistant Planning Director
County Manager's Recommendation: The Manager’s recommendation is
that the Board hold the public hearing and approve the rezoning, if
appropriate, based on public comment.
The Planning Commission recommended denial due to school capacity issues
and the varying interpretation of the 54/I-40 Corridor Plan as it relates to
the inconsistency in the size of the lots in the various sections.
Chairman Black opened the Public
Hearing which was properly advertised.
Speakers follow:
Steve Bocckino, spoke against the rezoning due to
crowding in the area schools.
Keith Downing, spoke in favor of the rezoning due
to plans for new schools in the area.
Open space has been taken into consideration.
Stephen Thomson, spoke against the rezoning, as
this is the last open land before the Chatham County line.
Robert Jentsch, a member of the Durham Planning
Commission, spoke against the rezoning.
He said it should be limited to 19 single-family lots.
Alice A. Markunas, spoke against the rezoning due to
its proposed density and addition to traffic congestion.
The Commissioners held
a lengthy discussion.
Commissioner
Bowser moved, seconded by Vice-Chairman
Reckhow, to deny to rezoning request.
The motion carried unanimously.
10. Public
Hearing—Edisto Group, LTD, Applicant (Rezoning Case P01-77)
Resource Person(s): Nazeeh Abdul-Hakeem, Acting
Planning Supervisor, and Dick Hails, Assistant Planning Director
County Manager's Recommendation: The Manager’s recommendation is
that the Board hold the public hearing and approve the rezoning, if
appropriate, based on public comment.
Chairman Black opened the
Public Hearing which was properly advertised.
Speakers follow:
Steve Bocckino, spoke against approval of the proposed rezoning.
C. W. Mendenhall, spoke in favor of the rezoning.
Bill Ripley, applicant, addressed citizen concerns and answered
Commissioner questions.
Bob Jentsch, advocated a reduction in density to 29 single-family
sites, adding a fence to the play area, and incorporating a bike trail system.
Vice-Chairman
Reckhow moved, seconded by Commissioner Heron, to approve the rezoning request.
The motion carried with the following vote:
Ayes: Black, Cousin,
Heron, and Reckhow
No: Bowser
11. Preliminary
Plat/Site Plan Approval for Summer Meadows (D01-711)
Resource Person(s): Steve Medlin, Planning Supervisor,
and Teri Danner, Senior Planner
County Manager's Recommendation: The Manager’s recommendation is
that the Board hold the necessary discussion and approve the site plan as
recommended by the Planning Staff.
Lillie Izi, spoke to the constant flooding on
Felicia Street where she lives. The
area has always flooding.
Keith
Downing, Kirby R. Bell Jr., and David Dunn, addressed the
flooding/run-off comments.
Vice Chairman Reckhow moved,
seconded by Commissioner Cousin, to approve the Preliminary Plat/Site Plan with
the conditions stated regarding prohibiting construction traffic on Felicia
Street, and contacting the State regarding possible improvements to Felicia Street.
The motion carried unanimously.
12. Renewal of Ambulance Franchise for
Johnston Ambulance Service
Johnston’s application has been reviewed by J. M. Tezai, EMS
Director, and has been found to meet all legal and operational requirements as
stipulated by the Franchise Ordinance. As a result, it is recommended that
Johnston Ambulance Service be approved for the requested franchise renewal.
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.
Resource Person(s): J. M. Tezai, EMS Director, and
Jeff White, Operations Manager, Johnston Ambulance Service
County Manager's Recommendation: The Manager’s recommendation is
that the Board approve the franchise renewal as requested.
Commissioner Heron moved, seconded
by Commissioner Bowser, to approve renewal of the ambulance franchise for
Johnston Ambulance Service.
The motion carried unanimously.
13. Resolution
Requesting Reimbursements from the State or Advancing the Sales Tax Effective
Date
14. Ethics
Policy Amendment
Commissioner Bowser moved, seconded
by Vice-Chairman Reckhow, to approve the amendment.
The motion carried unanimously.
THE MEETING ADJOURNED
AT 10:00 P.M.
