THE BOARD OF COUNTY
COMMISSIONERS
DURHAM, NORTH CAROLINA
April 14, 2003
POST AGENDA
5:00 P.M – 7:00
P.M.
Closed
Session
The Board of County
Commissioners is requested to adjourn to closed session pursuant to G.S.
143.318.11(a)(6) to consider the performance of a public officer and pursuant
to
G.S. 143.318.11(a)(5) to instruct the County staff concerning the position to
be taken on negotiating a proposed contract for the acquisition of real
property. The property being considered
is owned by Triangle Area YMCA, located at 218 Seminary Street.
No
action was taken as a result of the closed session.
_______________________
7:00 P.M. Regular
Session
1. Opening of Regular Session—Pledge
of Allegiance
Chairman Reckhow called the meeting to order with the Pledge
of Allegiance.
2.
Agenda Adjustments
Agenda item No. 10a, Senate Bill 534 and House Bill
429 was added.
3. Minutes
Commissioner Heron moved, seconded by Commissioner
Jacobs, to approve the December 9, 2002 Regular Session Minutes, the January
27, 2003 Regular Session Minutes, and the February 24, 2003 BOCC/DPS Board of
Education Minutes of the Board as submitted.
The motion carried unanimously.
The December 9, 2002 BOCC meeting
adjourned beyond midnight (12:30 a.m.); therefore, Vice-Chairman Bowser asked
that those minutes reflect the adjournment at 12:30 a.m., “December 10, 2002."
County
Manager’s Recommendation: Approve the resolution and present
to North Carolina Central University Chancellor James Ammons.
Chairman Reckhow read the following resolution into the
record:
RESOLUTION
WHEREAS, locating the biotechnology
manufacturing training center there would cost approximately one-third of the
current proposed cost to build a new facility with the same amenities of a
centrally located and accessible campus; and
WHEREAS, North Carolina Central
University’s Julius L. Chambers Biotechnology/ Biomedical Research Institute
offers a wide array of courses and concentrations in biotechnology in addition
to its training and research opportunities, and locating the proposed
manufacturing training center would allow for a tremendous coordination of the
two programs resulting in a superior educational experience in biotechnology:
NOW, THEREFORE BE IT RESOLVED THAT we, the members of
the Durham County Commissioners, do hereby enthusiastically support the
location of the proposed North Carolina Biotechnology Manufacturing/Training
Center at North Carolina Central University.
Having a strong biotechnology center of excellence at NCCU will
strengthen and enhance the capability of the region to support biotechnology
development in North Carolina.
BE IT FURTHER RESOLVED that a copy of this resolution
be forwarded to Governor Michael F. Easley and to all members of the Durham
Delegation.
This the 14th day of April 2003.
North Carolina Central University Chancellor James
Ammons thanked the Commissioners for their support and took the opportunity to
reinforce points made in the resolution.
Dr. E. L. Allison had signed to speak on this item. She praised the Commissioners for the
resolution and asked that everyone come together and develop the
resolution.
Dr. Allison requested that the resolution be sent to the Durham Delegation and
to Durham County’s State Senators and Representatives. She stated that Durham deserves this. She thanked and urged the County
Commissioners to unite behind this effort.
She urged everyone to place NCCU on the cutting edge to make a real
difference.
Chairman
Reckhow agreed with Dr. Allison regarding her recommendation that the
resolution be sent to our State Legislators.
She directed staff accordingly.
4a. Proclamation—“National Credit
Education Week"
PROCLAMATION
WHEREAS, Consumer Credit Counseling Service
of Durham provides a valuable service to people who need to better manage past
credit choices, and to help expand their understanding of the benefits of the
prudent use of credit in the future:
NOW, THEREFORE BE IT RESOLVED THAT we, the members of
the Durham County Board of Commissioners, do hereby proclaim the week of April
13, 2003 as
“NATIONAL
CREDIT EDUCATION WEEK"
in Durham County. We further urge citizens to observe this
week and participate in various activities sponsored by Consumer Credit
Counseling Service of Durham designed to educate and inform consumers about
their credit rights and responsibilities.
This the 14th day of April 2003.
5. Presentation of the United Way
“Community Care Fund Performance Award" to the Board of County Commissioners
County
Manager’s Recommendation: Receive the “Community Care Fund
Performance Award" from the 2002 Durham County United Way Chairman, with
sincere congratulations to the entire organization for a successful campaign.
General Services Director and 2002 Durham County United
Way Campaign Chairman Mike Turner explained the recognition and asked that the County
Commissioners received the award and place it in a prominent location in the
Durham County Government Administrative Offices.
Chairman Reckhow expressed that she was proud of Durham
County Government’s performance and thanked Mr. Turner for all of his hard
work.
6. Annual Report—Durham City-County
Appearance Commission
The attached
2002-2003 Annual Report for the Durham City-County Appearance Commission is
provided in conformance with the Interlocal Agreement requirement for an annual
report to the elected officials. The
Durham City Council received a presentation on the report at its worksession on
March 20, 2003. The Chair of the
Commission will be available to make a presentation to the Board.
Resource
Person(s): Sara Young, Durham City-County Planning Department, and
George Stanziale, Appearance Commission Chair
Mr. Stanziale made the following presentation to the
Board of County Commissioners:
The Appearance Commission is charged with providing
guidance in matters of community design and appearance through self-initiated
projects and in an advisory role to the elected bodies. The City Council and the Board of County
Commissioners established the Commission through an Interlocal agreement in
November 2000. The Appearance
Commission began meeting in June 2001 and continues to meet the third Wednesday
of the month. The Commission consists
of 15 members: seven appointed by the City Council and eight appointed by the
Board of County Commissioners. Members
represent a range of design disciplines, including architecture, landscape
architecture, urban design, and graphic design.
During the past year, Commission members have been
involved in various activities, most notably the initiation of the Golden Leaf
Awards for Community Appearance, and the finalization and scheduling of the
Appearance Commission Road Show. The
annual report details these and other activities for the past year, along with
the Commissions’ goals for this year.
The Commission has expressed concern that project
reviews not be their primary activity.
Proactive endeavors are a key component of their work.
The inaugural year of the Golden Leaf
Awards will be funded through private contributions. Securing future funding for the continuation of this important
program is of concern to the Commission.
7.
Consent Agenda
a.
Property Tax Releases and Refunds
for Fiscal Year 02-03 (accept the property tax release and refund report as
presented and authorize the Tax Assessor to adjust the tax records as outlined
by the report);
b. Budget
Ordinance Amendment No. 03BCC000048—Cooperative Extension—Coordinated
Transportation Addition of Funding for Replacement Vehicles (approve Budget
Ordinance Amendment No.03BCC000048 to receive and expend $24,863.00 in
interlocal funding);
c. Budget Ordinance
Amendment No. 03BCC000049—Million Solar Roof Educational Resource Funding
(approve Budget Ordinance Amendment
No. 03BCC000049 and amend Cooperative Extension’s budget (495.2300) to include
$4,000.00 in revenue and expenditures for the implementation of the Million
Solar Roof program);
d. Public Health—Budget
Ordinance Amendment No. 03BCC000050—To Recognize a Donation to the Community
Health Division (approve Budget Ordinance Amendment No. 03BCC000050 to
recognize a donation in the amount of $500.00 for the Community Health
Division);
e. Public Health—Budget
Ordinance Amendment No. 03BCC000051—To Recognize New Revenue for the
Environmental Health Division (approve Budget Ordinance Amendment No.
03BCC000051 to recognize funds in the amount of $2,744 from the Department of
Health and Human Services for the Environmental Health Division);
f.
Public Health—Budget Ordinance Amendment
No. 03BCC000052—To Recognize $47,583 in New Revenue for the Environmental
Health Division (approve Budget Ordinance Amendment No. 03BCC000052 to
recognize $47,583 from the North Carolina Division of Public Health for the
Environmental Division);
g. Public Health—Budget
Ordinance Amendment No. 03BCC000053—To Recognize and Appropriate Additional
Revenue in the Amount of $2,388 for the General Health Services Clinic
Laboratory (approve Budget Ordinance Amendment
No. 03BCC000053 to recognize $2,388 in excess revenue);
h. Public Health—Budget
Ordinance Amendment No. 03BCC000054—To Recognize Revenue for the General Health
Clinic (approve Budget Ordinance Amendment
No. 03BCC000054 to recognize funds in the amount of $4,300 for the General
Health Clinic);
i. Public Health—Budget
Ordinance Amendment No. 03BCC000055—To Accept a $287,156 Three-Year Grant from
the North Carolina Health and Wellness Trust Fund Commission to Appropriate
$42,490 for the Health Education Division and to Establish a Full-Time Health
Education Specialist for the Youth Tobacco Use Prevention/Cessation Project
(approve Budget Ordinance Amendment
No. 03BCC000055 to recognize $42,490 in grant funds from the Health and
Wellness Trust Fund Commission);
j.
Public Health—Budget Ordinance
Amendment No. 03BCC000056—To Recognize a $6,000 Grant from the March of Dimes
for the Health Education Division (approve Budget Ordinance Amendment No.
03BCC000056 to recognize $6,000 in grant funds from the March of Dimes);
k.
Public Health—Budget Ordinance
Amendment No. 03BCC000057—To Recognize $7,500 in New Revenue for the Health
Education Division (approve Budget Ordinance Amendment No. 03BCC000057 to
recognize funds in the amount of $7,500 from the Department of Health and Human
Services for the Health Education Division);
l.
Declaration of Surplus Property and
Approval of Resolution for Public Auction Sale (declare the schedule of
property to be surplus and authorize the County Manager to proceed with a
public auction of the properties);
m.
Final Offer to Purchase County
Property (2300 Fitzgerald Avenue) (accept the bid offer of $11,000.00 for 2300
Fitzgerald Avenue);
n. Street Annexation
Petition—Saint Albans Court (Saint Albans Subdivision) adopt the resolution to
approve the addition of Saint Albans Court to the state’s road maintenance
system subject to the certification of eligibility by the appropriate officials
of the NC Department of Transportation);
o. Appointment—Durham
Convention and Visitors Bureau (approve the appointment of Mr. Ronald J. Hunter
to a newly created seat (“Lodging—Full Service—Conference Center") on the
bureau);
q.
Appointment to Cultural Master Plan
Steering Committee (appoint Ms. Sharon Goode Laisure, Assistant City Manager,
to the Cultural Master Plan Steering Committee);
r.
Amendment to Board and Commission
Appointment Policy (approve the policy change which requires that taxes be kept
current during the term of appointment.
It also provides for a 90-day period to bring taxes current when a
payment plan is in effect with the Tax Office); and
s.
Resolution to Add the City and
County of Durham to House Bill 554: To Expand Permitted Uses of 911 Funds
(adopt the resolution to add Durham City and County to House Bill 554).
Commissioner Jacobs moved, seconded by Commissioner
Cousin, to approve consent agenda item Nos. 7(a) through 7(s) with the
exception of 7(i) and 7(r) (which were pulled for discussion.
The motion carried unanimously.
8. Public
Hearing for Land Use Plan Amendment #A02-19—Hamlin Road Subdivision
This
item is a plan amendment for the North Durham Plan.
The applicant, E. T. Development Corporation, requests to
designate 65.41 acres from High Density Residential (eight or more units per
acre) and Industrial to Low Density Residential (one to four units per
acre). The property is located on the
south side of Hamlin Road northeast of Riley Drive. The Planning Commission considered this item at a public hearing
held January 22, 2003 and recommended denial primarily based on school and road
impacts. The Board of County
Commissioners heard this item at its February 24, 2003 meeting and questioned
the alignment shown in the staff report for the Northern Durham Parkway. The Commissioners requested that staff
review the alignment shown in light of the Transportation Advisory Committee
(TAC) approval of the 2025 Transportation Plan last December to determine if
the corridor for the Northern Durham Parkway affects this property. The report has been modified to reflect an
alignment consistent with the TAC action.
Resource Person(s): Frank M.
Duke, Planning Director
After considerable discussion,
Commissioner Heron moved, seconded
by Chairman Reckhow, to approve this item.
The motion carried unanimously.
Chairman Reckhow asked that an
additional motion be added regarding this agenda item.
Commissioner Cousin moved, seconded
by Commissioner Heron, that Planning staff revisit the designation of the
abutting area.
The motion carried unanimously.
Consent
Agenda Items Removed for Discussion
After discussion, consent agenda
item No. 7(i) passed unanimously.
After
discussion, the following motion was made regarding consent agenda item No.
7(r):
Commissioner Bowser moved that the
number be changed from “90 days" to “180 days" in Section 1.L—Resolution for
Establishment of Policy and Procedures for Appointments to County board,
Commissions, Committees or Authorities.
Also, he moved that the Tax Administration office look into detecting
tax delinquencies of our board and commission members and sending them an
additional notice prior to placing their names in the newspaper.
The motion carried unanimously.
9. Durham
City-County Interlocal Cooperation Agreement for Planning
The City-County Interlocal Agreement
for Planning is the implementation mechanism for the Durham City-County
Planning Commission and the Durham City-County Planning Department. During 2002, the Interlocal Agreement was
updated and endorsed by the Joint City-County Planning Committee.
On March 10,
2003, the BOCC referred the Interlocal to the Board of Adjustment (BOA) after
hearing that the BOA was not given sufficient opportunity to act on the section
of the agreement addressing its concerns.
At its March 25, 2003 meeting, the BOA indicated that it endorsed the
Interlocal Agreement as proposed. The
item is now being brought forward for reconsideration.
The Planning
Department recommends adoption of the Interlocal Cooperation Agreement for Planning.
Resource Person(s): Frank M.
Duke, AICP, Durham City-County Planning Director
County
Manager’s Recommendation: The Manager recommends that the
Board adopt the City-County Interlocal Cooperation Agreement for Planning.
Vice-Chairman Bowser moved, seconded
by Commissioner Cousin, to approve the Durham City-County Interlocal
Cooperation Agreement subject to the amendments made by the Planning Director.
The motion carried unanimously.
10. Center for Senior Life Project
Update—RFQ 02-044/Project No.: DC068-30
The 2001 Bond
Referendum included $5.5 million for a Senior Center to be located on property
donated by the City of Durham at 400 Rigsbee Avenue. The transfer of the property has been completed and design of the
facility is underway. The Board of
County Commissioners awarded a design contract to Gurlitz Architectural Group,
P.A. on October 28, 2002. A series of
meetings with the Council for Senior Citizens and users and occupants of the
building have been completed as part of the programming and preliminary design
phases. The project is currently in the
Schematic Design phase and the architect will provide an update to the Board.
Resource
Person(s): Glen Whisler, P.E., County Engineer; Richard Gurlitz,
Gurlitz Architectural Group, P.A.; and Joan Pelletier, Council for Senior
Citizens
Mr. Whisler presented the update.
No
action was taken.
10a. Senate Bill 534 and House Bill 429
Chairman
Reckhow said that Mr. Melvin Whitley brought this bill to her attention. The passage of this bill would limit the
ability of local governments to improve communities by disallowing the use of
the amortization provision to reduce uses of undesirable, inappropriate nature
(junk yards, car repair shops, etc.).
Mr. Melvin
Whitley spoke against the passage of this
bill.
Vice-Chairman Bowser moved, seconded
by Commissioner Cousin, to oppose Senate Bill 534 and House Bill 429.
The motion carried unanimously.
11. Board Appointments—Durham County
Hospital Corporation Board of Trustees
Resource
Person(s): Garry E. Umstead, CMC, Clerk to the Board
This item was removed from the agenda.
Chairman Reckhow adjourned the meeting at 9:30 p.m.
