THE BOARD OF COUNTY
COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, April 8, 2002
AGENDA
1. Opening of Regular Session—Pledge
of Allegiance
2. Agenda Adjustments
County Attorney Chuck Kitchen asked to add a
new resolution to item No. 12.
Commissioner Bowser asked to add an item
regarding an email correspondence concerning a request for help with
contaminated wells in the Kentington Heights subdivision.
3.
Minutes
a.
January
14, 2002 Regular Session
b.
January
30, 2002 BOCC/Durham Public Schools Board of Education/Durham City Council
c.
February
11, 2002 Regular Session
d.
March
25, 2002 Special Session
Commissioner Heron moved, seconded by Commissioner Bowser,
to approve the January 14, 2002 Regular Session, February 11, 2002 Regular
Session, and
March 25, 2002 Special Session Minutes as submitted and the January 30, 2002
BOCC/Durham Public Schools Board of Education/Durham City Council Minutes as
corrected.
The motion carried unanimously.
4. Proclamation Recognizing “National
County Government Week"
A proclamation designating the week
of April 7-13 as “National County Government Week" has been prepared for the
Board’s approval. This year’s theme for
the national recognition is “Counties Secure America."
County Manager's Recommendation: Approve the requested proclamation
and recognize the work that County employees perform on behalf of the citizens.
Vice-Chairman Reckhow
read the resolution into the record.
5. Tons of Fun Celebration for 2003
Vice-Chairman Reckhow moved,
seconded by Commissioner Heron, to endorse the Tons of Fun Celebration for 2003
to run from March 1 for 10 weeks.
The motion carried unanimously.
6. Durham City-County Appearance Commission
Annual Report
George Stanziale Jr. delivered the annual report.
The Commissioners thanked Mr.
Stanziale for his extensive report. The
Commissioners had a lengthy discussion and asked questions about the commission’s
future plans.
7. Consent Agenda
8. FY 2002-2003 Consolidated Action Plan
Draft Public Hearing
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 is to receive comments pertaining to HOME program needs in Durham. The Board of County Commissioners’ needs
public hearing was held on February 25, 2002.
No citizen comments were received.
The purpose of the second public hearing is to receive comments on the
use of FY 2002-2003 HOME funds as proposed in the Consolidated Action Plan
Draft. The FY 2002-2003 Consolidated
Action Plan Draft was made available for public review beginning March 8, 2002
through April 7, 2002.
The Durham City-County HOME
Consortium anticipates receiving total HOME Investment Partnership (HOME)
program funds in the amount of $1,351,000.
This amount includes an annual HOME allocation of $1,051,000 and program
income in the amount of $300,000. The
proposed use of FY 2002-2003 HOME funds includes substantial homeowner
rehabilitation activities for low-income city and county residents,
tenant-based rental assistance (HOPE VI Revitalization Area), and acquisition
and/or substantial project rehabilitation by a developer. A Request for Proposal (RFP) for acquisition
and/or substantial project rehabilitation will be issued to interested
developers during the program year. The
Durham City-County HOME Consortium will be required to provide a 25 percent
match (non-federal funds) to the total amount of HOME funds used directly for
affordable housing activities during FY 2002-2003. The required match would be approximately $287,088 and would be
funded with City Housing Bonds and available County funds as outlined in the
current Consortium Agreement.
Charlene Montford, Director of the City of Durham Department
of Housing and Community Development, has reviewed this request and recommends
that the Board of County Commissioners hold the 2002-2003 Consolidated Action
Plan Draft public hearing to receive citizen comments. Michael Pullum, Senior Planner, will attend
the meeting to answer questions.
County Manager's Recommendation: The Manager’s recommendation is
that the Board hold the FY 2002-2003 Consolidated Action Plan Draft public
hearing to receive citizen comments.
Mr. Pullum presented the details of the plan and answered
questions for the Commissioners.
Chairman Black opened
the public hearing which was properly advertised.
There was one person signed to speak.
Dr. Lavonia I. Allison, representing the Durham Committee
on the Affairs of Black People, PO Box 428, asked how interested groups could
access the Draft and have involvement in the Plan.
Mr. Pullum advised that it is advertised in 4 newspapers
that copies of the draft plan are placed in five locations around the county
for one month for review.
Chairman Black asked that County Manager Ruffin obtain Dr.
Allison’s questions and submit them to Mr. Pullum. The Commissioners requested copies of the correspondence.
Mr. Pullum was directed to submit two separate letters to
Vice-Chairman Reckhow and Commissioner Bowser to address their extensive
directions.
The item will be placed before the Board for its second
Public Hearing and approval at the April 22, 2002 Regular Session.
9. Public Hearing--Land Use Plan Amendment
#A01-18 (North Durham Plan)
In
the adopted Plan, the future land use designation for the area on the north
side of Hebron Road between Denfield Street and the existing residential
subdivision along West Avenue is high density residential. Modification of the North Durham Plan to
indicate medium density residential uses on the subject site affords an
opportunity to establish a land use pattern that is more compatible with existing
and planned residential development in the area. While the modification reduces the amount of land designated for
high-density uses, a better arrangement of uses in the general area is
achieved. Additionally, the
modification affords flexibility in design to produce integrated developments
while lessening the demands on traffic arteries.
The proposed amendment to designate
the subject site for medium density residential uses is supported by the goals
of the North Durham Plan and the 2020 Plan.
The relationship of the subject site to existing and planned residential
development supports the potential for medium density residential
development. The Planning Department
recommends approval of the proposed amendment.
The Planning Commission reviewed the proposed amendment and recommended
approval (11-0) at its meeting on
January 23, 2002. The Board of County
Commissioners received a presentation on this item at its March 11 meeting and
deferred the matter until its April 8 meeting at the request of the applicant.
This item was
pulled. It will be brought before the
Board at a later date.
10. Ambulance Franchise Renewals
The applications have been reviewed by J. M. Tezai, EMS Director,
and have been found to meet all legal and operational requirements as
stipulated by the Franchise Ordinance.
The applications have been reviewed and recommended by the Durham County
EMS Council. As a result, it is
recommended that all requests be approved.
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.) The Board of County
Commissioners will be asked to consider the second approval at the April 22, 2002
meeting.
Resource Person(s): J. M. Tezai, EMS Director, and
representatives of the six requesting agencies.
County Manager's Recommendation: The Manager’s recommendation is
that the Board approve the franchise renewals as requested.
Chairman
Black removed herself from presiding over this item due to her involvement with
Duke University.
Commissioner Bowser moved, seconded
by Vice-Chairman Reckhow, to approve the Chairman’s request to remove herself
from this item and for the Vice-Chair to preside over the item.
The motion carried unanimously.
Mr. Tezai presented
the item.
Commissioner Heron, seconded by
Commissioner Bowser, moved the first required approval of the ambulance
franchise renewals.
The motion carried unanimously.
The item will be placed
before the Board for second approval at the April 22, 2002 Regular Session.
11. Recommendations for the Southwest Durham Drive and Fixed
Guideway Transit Routes
12. Inducement
Resolution for Affordable Housing Bonds
This would be the second such issue
for the NRP Group by the County. The
first issue was completed in December 2000.
That project is now called Falls Pointe at the Park and is located off
Hwy. 55 near RTP.
Rezoning of the property will be
required. The rezoning will be brought
before the Board at a subsequent meeting.
An additional issue with these
projects is the taxability of the apartments due to the Court of Appeals
decision in In Re Greens at Pine Glen. While the Supreme Court recently agreed to
review this decision, NRP Group has agreed to make a payment in lieu of taxes
to make up the difference if the units are not fully taxable.
The Commissioners
discussed the item at length.
The following motions
were made:
Commissioner Bowser moved, seconded
by Commissioner Cousin, to approve the intent to close paper streets Armfield
and (Popular?) Streets.
The motion carried unanimously.
____________________
Vice-Chairman Reckhow moved,
seconded by Commissioner Heron, to approve the inducement resolution presented
by the County Attorney.
The motion carried unanimously.
The item will come
before the Board again on April 22, 2002.
Added Item—Commissioner
Bowser
Commissioner Bowser added an item regarding an email
correspondence concerning a request for financial help with a contaminated well
in the Kentington Heights subdivision.
The property owners cannot afford to fix the problem.
The Commissioners, County Manager, and the County Attorney
discussed methods to approach extending help, funding sources, and restrictions.
13. Board
and Commission Appointments
Garry E. Umstead, CMC, Clerk to the
Board, will distribute ballots to make appointments to the following boards and
commissions:
·
Adult
Care Home Community Advisory Committee
·
Animal
Control Review Board
·
City-County
Appearance Commission
·
Nursing
Home Community Advisory Committee
·
Women’s
Commission
·
Wrestling
and Boxing Commission
Resource Person(s): Garry E. Umstead, CMC, Clerk to
the Board
The Commissioners made
the appointments to the above Boards and Commissions.
14. Closed
Session
