THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, April 26, 2004
7:00 P.M. Regular Session
ACTION MINUTES—DRAFT
Place: Commissioners’ Room, second
floor, Durham County Government Administrative Complex, 200 E. Main Street, Durham,
NC
Present: Chairman Ellen W. Reckhow,
Vice-Chairman Joe W. Bowser, and Commissioners Philip R. Cousin Jr., Becky M.
Heron, and Mary D. Jacobs
Absent: None
Presider: Chairman Reckhow
Opening of Regular Session—Welcome and Pledge of Allegiance
Agenda Adjustments
·
Commissioner
Heron amended the agenda to add, “Request for Closed Caption for Hearing
Impaired" and “Report on the Career and Technical Education Task Force Field Trip".
·
County
Manager Mike Ruffin added “Amendment to the Budget Calendar".
Minutes
Vice-Chairman Bowser moved, seconded
by Commissioner Cousin, to approve as corrected the April 12, 2004 Regular
Session Minutes of the Board.
The motion carried unanimously.
Resolution Honoring the Life of Albert Lee “Al" Hight
RESOURCE PERSON(S): Commissioner Mary D. Jacobs
COUNTY MANAGER’S RECOMMENDATION:
The Manager recommended that the Board approve the resolution and
forward a copy to the family of Al Hight.
The resolution follows:
RESOLUTION
WHEREAS, Albert Lee “Al" Hight was born and educated in Durham County;
and
WHEREAS, the graduate of Southern High School became an
officer with the Durham Police Department, where he served from 1951 until 1971
spending 10 years working as a detective; and
WHEREAS, following his service with the City of Durham, he became a
licensed real estate broker and established Al Hight Realty Company; and
WHEREAS, during the years of Durham County’s transition from
a tobacco-based economy to a more diversified economy with major emphasis on
medicine, research, and high
technology, Hight helped many farmers living near the developing Research
Triangle Park to receive fair prices for their land; and
WHEREAS, Hight served as a County Commissioner for three
terms from 1984 until 1990, during which time Durham County made major public
improvements such as extending water and sewer lines into rural areas, building
new and improving existing schools, and upgrading the Carolina Theatre, the
Arts Council Building, the Hayti Heritage Center, and the NC Museum of Life and
Science; and
WHEREAS, following his successful tenure as a County
Commissioner, he was appointed as Durham County’s 10th Sheriff in
1993, a position he truly cherished and proudly served with distinction; and
WHEREAS, he loved his family, his community, and was a
faithful member of Bethesda
Baptist Church;
and
WHEREAS, he will long be remembered for his love of people
and his willingness to help others in need by all whose lives he positively
touched for generations:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the
Durham County Board of Commissioners, do hereby resolve to pay tribute to
ALBERT LEE “AL" HIGHT
former County
Commissioner, Sheriff,
and extraordinary public servant. We
call upon all citizens of Durham
County to remember the
extraordinary contributions he made in this community and beyond.
This the 26th day of April, 2004.
/s/ Five Commissioners
Durham County Commissioners
Proclamation Recognizing “Daniel C. Hudgins Day"
A proclamation recognizing April 29, 2004 as “Daniel C.
Hudgins Day" was prepared to honor retiree Daniel C. Hudgins. Mr. Hudgins had been the Director of the
Durham County Department of Social Services for 27 years and had dedicated his
career to improving services to families and individuals of Durham County.
Proclamation
WHEREAS, Dan C. Hudgins has been the Director of the Durham
County Department of Social Services for 27 years; and
WHEREAS, he has been a statewide leader in the social
services system, having served as Chairman of the Training and Professional
Development and Legislative Advocacy Committees and President of the NC
Association of County Directors of Social Services; and
WHEREAS, Mr. Hudgins has been a visionary risk taker,
piloting major reform efforts to improve services for families; and
WHEREAS, Mr. Hudgins has been a tireless advocate for DSS
staff; and
WHEREAS, he has dedicated his career to improving services
to vulnerable families and individuals; and
WHEREAS, Mr. Hudgins has left a legacy to the Department of
Social Services by focusing on partnership with the community and a focus on
achieving positive results for families;
NOW, THEREFORE, BE IT RESOLVED that we, the members of the
Durham County Board of Commissioners, do hereby proclaim April 29, 2004 as
“DANIEL C. HUDGINS DAY"
in Durham
County. We further call upon all citizens to
celebrate the numerous and extraordinary accomplishments that Mr. Hudgins has
made to our government.
This the 26th day of April, 2004.
/s/ Five Commissioners
Durham County Commissioners
Proclamation for “Durham
Government Employee Wellness Month"
Resource Person: Tracy Bates, Health Promotion Nutritionist
II, Durham County Public Health Department
PROCLAMATION
WHEREAS, Durham County employees are a valued and integral part of
the Durham
community; and
WHEREAS, nutrition and fitness provide a vital role in
overall health and wellness; and
WHEREAS, Durham County employees’ lead in healthy eating and active
living supports the overall goal of optimal health for all Durham County
citizens today and tomorrow; and
WHEREAS, events are planned throughout the month for Durham
County employees to learn about nutrition and physical activity to improve
their overall health, wellness, productivity, and quality of life:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the
Durham County Board of Commissioners, do hereby proclaim May 2004 as
DURHAM COUNTY WELLNESS MONTH
and encourage all Durham
County government
officials and employees to recognize and participate in this observance,
including attendance at the Wellness Booster on May 13, a focused opportunity
to learn about healthy lifestyle habits to practice now and in the future.
This the 26th day of April,
2004.
/s/ Five Commissioners
Durham County Commissioners
Proclamation for “Mental Health Month"
PROCLAMATION
WHEREAS, mental health is essential to everyone's overall physical health and emotional well-being;
and
WHEREAS, mental illness will strike one in five adults and
children in a given year regardless of age, gender, race, ethnicity, religion,
or economic status; and
WHEREAS, people who have mental illnesses can recover and
lead full, productive lives; and
WHEREAS, an estimated two-thirds of adults and young people
who have mental health disorders are not receiving the help they need; and
WHEREAS, the cost of untreated and mistreated mental illnesses
and addictive disorders to American businesses, governments, and families has
grown to $113 billion annually; and
WHEREAS, community-based services that respond to individual
and family needs are cost-effective and beneficial to consumers and the community;
and
WHEREAS, the mental health advocacy groups locally and
nationwide observe Mental Health Month every May to raise awareness and
understanding of mental health and illness:
NOW, THEREFORE, be
it resolved that I, Ellen W. Reckhow, Chairman of the Durham County
Board of Commissioners, do hereby proclaim May 2004 as
Mental
Health Month
in Durham
County. We also call upon the citizens, government
agencies, public and private institutions, businesses, and schools in Durham to recommit our
community to increasing awareness and understanding of mental health and the
need for appropriate and accessible services for all people who have mental
illnesses.
This 26th
day of April, 2004.
/s/ Ellen W. Reckhow,
Chairman
Durham County Commissioners
Consent Agenda
Commissioner Jacobs moved, seconded by Commissioner Heron,
to approve the following consent agenda items:
*(a) Property
Tax Releases and Refunds for Fiscal Year 2003-04 (accept the property tax
release and refund report for March 2004 as presented and authorize the Tax
Assessor to adjust the tax records as outlined by the report);
*(b) Budget
Ordinance Amendment No. 04BCC000065—Public Health—Recognize End-of-Year State
Funds for Family Planning Clinic for $10,625 (approve the budget ordinance
amendment to recognize $10,625 from the Department of Health and Human Services
for family planning services);
*(e) Lease Renewal for the North Durham Branch
Library at 5120 Roxboro Road (Riverview Shopping Center) (authorize the Manager
to execute a lease amendment for an additional two years from July 1, 2004
through June 30, 2006, at an estimated annual cost of $87,056); and
*(f) Russell Conservation Easement and Federal
Farmland Grant Request For Funding (approve submission for a Federal Farmland
Protection Grant for the Russell Farm, approve up to $139,000 in funding for
Durham’s share of the easement, and authorize the Manager to execute a purchase
agreement with Mrs. Russell for the acquisition of the proposed conservation
easement for approximately 157.9 acres, which includes a provision that the
purchase of the easement is conditioned upon the County receiving the Federal
Farmland Protection Grant).
The motion carried
unanimously.
_________________________
*Documents related to these items follow:
Consent Agenda Item No. a. Property Tax Releases and Refunds for Fiscal Year
2003-04 (accept the property tax release and refund report for March 2004 as
presented and authorize the Tax Assessor to adjust the tax records as outlined
by the report).
(Recorded in Appendix A in the Permanent Supplement of the April
26, 2004 Regular Session Minutes of the Board.)
_________________________
Consent Agenda Item No. b. Budget Ordinance Amendment No. 04BCC000065—Public
Health—Recognize End-of-Year State Funds for Family Planning Clinic for $10,625
(approve the budget ordinance amendment to recognize $10,625 from the
Department of Health and Human Services for family planning services).
The budget ordinance amendment follows:
DURHAM COUNTY, NORTH
CAROLINA
FY 2003-04 Budget Ordinance
Amendment No. 04BCC000065
BE IT ORDAINED BY THE COMMISSIONERS OF DURHAM COUNTY that
the
FY 2003-04 Budget Ordinance is hereby amended to reflect budget adjustments.
Revenue:
Category Current Increase/Decrease Revised
Budget Budget
GENERAL FUND
Expenditures:
Activity
GENERAL FUND
Human Services $358,579,307 $10,625 $358,589,932
All ordinances and portions of ordinances in conflict
herewith are hereby repealed.
This the 26th day of April, 2004.
(Budget
Ordinance Amendment recorded in Ordinance Book _____, page _____.)
_________________________
Consent Agenda Item No. c. Budget Ordinance Amendment No. 04BCC000067—Public
Health—Recognize $2,259 for the Immunization Clinic (approve the budget
ordinance amendment to recognize $2,259 from the North Carolina Department of
Health and Human Services for the Immunization Clinic).
The budget ordinance amendment follows:
DURHAM COUNTY, NORTH
CAROLINA
FY 2003-04 Budget Ordinance
Amendment No. 04BCC000067
BE IT ORDAINED BY THE COMMISSIONERS OF DURHAM COUNTY that
the
FY 2003-04 Budget Ordinance is hereby amended to reflect budget adjustments.
Revenue:
Category Current Increase/Decrease Revised
Budget Budget
GENERAL FUND
Expenditures:
Activity
GENERAL FUND
Human Services $358,590,932 $ 2,259 $358,593,191
All ordinances and portions of ordinances in conflict
herewith are hereby repealed.
This the 26th day of April, 2004.
(Budget
Ordinance Amendment recorded in Ordinance Book _____, page _____.)
_________________________
Consent Agenda Item No. d. Budget Ordinance Number 04BCC000068—Social
Services—Additional Revenue (approve the budget ordinance amendment for
$136,889 in intergovernmental revenue [Crisis Intervention Prevention
(CIP)—$126,531 and State Adult Day Care—$10,358]).
The budget ordinance amendment follows:
DURHAM COUNTY, NORTH
CAROLINA
FY 2003-04 Budget Ordinance
Amendment No. 04BCC000068
BE IT ORDAINED BY THE COMMISSIONERS OF DURHAM COUNTY that
the
FY 2003-04 Budget Ordinance is hereby amended to reflect budget adjustments.
Revenue:
Category Current Increase/Decrease Revised
Budget Budget
GENERAL FUND
Expenditures:
Activity
GENERAL FUND
Human Services $358,593,191 $136,889 $358,730,080
All ordinances and portions of ordinances in conflict
herewith are hereby repealed.
This the 26th day of April, 2004.
(Budget
Ordinance Amendment recorded in Ordinance Book _____, page _____.)
_________________________
Consent Agenda Item No. e. Lease Renewal for the North Durham Branch Library
at 5120 Roxboro Road (Riverview Shopping Center) (authorize the Manager to
execute a lease amendment for an additional two years from July 1, 2004 through
June 30, 2006, at an estimated annual cost of $87,056).
LEASE SUMMARY FOR 5120 ROXBORO ROAD
(NORTH BRANCH LIBRARY)
OVERVIEW
The County leases 9,200
square feet within the Riverview
Shopping Center for the
North Durham Branch Library.
The present lease term runs from July 1, 2003 through June 30th,
2004 and is the fifth and final year of a five year lease.
The lease rate during
this current year is $5,504.67 per month; $66,056 annual or $7.18 per sq. foot
per year.
LANDLORD
IRT Partners L.P.,
Managed by
Equity One Realty and Management SE Inc.
LEASE
TERMS / RENT
The present lease was one of a series of leases for this
site, which the county has leased for
the North Branch Library since 1979. It
was signed April 27, 2000 for a
5-year lease from July 1, 1999
through June 30, 2004. The lease
provides for annual rate increase of 1.025 % per year.
|
|
Date
|
Lease
term
|
Annual
Cost
|
Monthly
Cost
|
|
|
7-1-99 to 6-30-00
|
1
|
$59,800.00
|
$4,883.33
|
|
|
7-1-00 to 6-30-01
|
2
|
$61,272.00
|
$5,106.00
|
|
|
7-1-01 to 6-30-02
|
3
|
$62,836.00
|
$5,236.33
|
|
|
7-1-02 to 6-30-03
|
4
|
$64,400.00
|
$5,366.67
|
|
|
7-1-03 to 6-30-04
|
5
|
$66,056.00
|
$5,504.67
|
|
Proposed:
|
7-1-04 to 6-30-05
|
6
|
$66,056.00
|
$5,504.67
|
|
|
7-1-05 to 6-30-06
|
7
|
$66,056.00
|
$5,504.67
|
The lease includes a holdover
provision that allows the County to continue to occupy the premises beyond the
lease term on a month-to-month basis.
The rate for any holdover time is based on twice the monthly rental rate
in effect at the end of the lease term.
The property may be assigned or
sublet with the landlord’s permission.
Upon expiration of the lease term,
the County must remove all trade fixtures.
The lease addendum to the Lease
requires that the County pay its proportionate share of the overall shopping
center’s common area maintenance costs (“CAM")
for landscaping, lighting, cleaning, painting, etc. For the calendar year 2003, this payment
averaged $1640 per month, or a total of $19,680.
LEASE RENEWAL PROVISIONS
The proposed lease
rate during the two-year renewal time period remains at the present year’s lease rate for a $66,056 annual
cost, without any increase in the second year.
TENANT (COUNTY) RESPONSIBILITIES:
The County is
responsible for routine maintenance and annual service for the heating,
ventilation and air conditioning, and other mechanical systems within the
leased space.
The County is
responsible to maintain and repair the interior including paint and wall
coverings, carpet and floor coverings, electrical and light equipment
(including ballasts, bulbs, and tubes) doors, locks, windows and storefront
door.
The County is
responsible for all refuse and utility services, including water, gas electric,
etc.
The County shall keep
the premises in a safe order, including adjoining sidewalks and keep snow and
ice off the sidewalks contiguous to the premises.
LANDLORD RESPONSIBILITIES:
The landlord is
responsible for the foundation, roof, and exterior portions of the building,
not counting the doors, windows, and storefront.
The landlord maintains
required fire insurance, and all insurance premiums.
_________________________
Consent Agenda Item No. f. Russell Conservation Easement and Federal Farmland
Grant Request For Funding (approve submission for a Federal Farmland Protection
Grant for the Russell Farm, approve up to $139,000 in funding for Durham’s
share of the easement, and authorize the Manager to execute a purchase
agreement with Mrs. Russell for the acquisition of the proposed conservation
easement for approximately 157.9 acres, which includes a provision that the
purchase of the easement is conditioned upon the County receiving the Federal
Farmland Protection Grant).
Background
On April 5, 2004, staff briefed the Board on the Federal
Farmland Protection Program that is available to local governments and land
trusts to assist with funding for the purchase of permanent conservation
easements on eligible farmland. This
program provides a 50:50 cost share for the purchase of development rights on
farmland that are identified as important
to preserve in a local adopted farmland protection program. The federal notification of available grant
funding was advertised on March 17, 2004, with an application deadline no later
than May 3, 2004. North Carolina has received an allocation of
$2,293,000 for this cycle. Applications
for funding are ranked based on the applicant’s ability to match the federal
funding, its experience in farmland protection, the property’s threat of
development, and other factors.
In November 2003 the County established Agricultural
Priority Areas which identify areas in the County which to target funding for
the permanent protection of farmland and farm resources. Open Space and Durham Soil and Water District
staff have been working with a farm family in northern Durham County
who is interested in permanent protection for the bulk of the 167 acres
included within their family farm. Mrs.
Patricia Russell is interested in protecting the farm with a conservation
easement and contacted the staff last fall in anticipation of the federal grant
funds availability in 2004. Since that
time, we have been working with her and her family in determining their
interest and particular needs in relation to the grant and easement
requirements.
The Russell Farm and Proposed Easement
The Russell farm is located in two separate areas and
represents a tradition of family farming of over three generations. The larger portion of the farm consists of
four tracts totaling approximately 140.7
acres located along the east side of the Flat River and Deep Creeks,
with access off of Red Mountain Road
(#0930-03-43-6345, 0930-03-33-6045,
0930-03-34-6410 partial, and 0930-03-44-6218, partial). This land is within the Flat River
Agricultural Priority Area and is primarily farmed for tobacco. It has been in the Russell family for over 50
years. Approximately 9.4 acres of this
land is situated within Person County and has been excluded from the proposed
easement, reducing the easement total for this area to 131.4 acres. The property is a mixture of open fields,
timber areas, and natural woodland. It
includes 1100 feet of frontage along the Flat River and 4200 feet along Deep
Creek, a major tributary of the Flat River.
The property is within an area highlighted in the Durham Inventory of
Natural Areas and Rare Species as containing important wildlife habitat and
a movement corridor and was recommended for protection. The proposed easement will help to ensure
that these open space values are protected.
As part of the federal grant requirements, NRCS and Durham
Soil and Water District staff have worked with the Russells to update a
conservation plan for the farm. A
conservation plan for farms looks at the property and its current farm uses and
recommends how to incorporate state best management (BMP) practices into the property’s
management. The smaller portion of the
farm tract consists of a separate 26.5 acres at the corner of Bill Poole Road
and Rougemont Road (#0819-03-31-6414).
It has also historically been farmed for tobacco and is within the
Little River Agricultural Priority Area.
The conservation plan also covers this part of the Russell farm
operation.
The proposed conservation easement restrictions run with the
land and are intended to be permanent.
The easement would be recorded with the Register of Deeds. Under the conservation easement, the owner
retains ownership of the property but grants to the County certain development
rights such as the ability to subdivide for additional home sites. Future owners of the property would purchase
it with the restrictions in place from further subdivision or development
activity. The 131-acres in the Flat
River portion of the proposed easement does not presently include a house
within it, and the proposed easement
would allow one home site in the future to be placed within a two acre area, as
well as additional farm buildings. The
easement would also include a restriction of two percent impervious surfaces
within the easement area to meet the federal grant restriction. With the easement the property may be farmed,
or used for forestry and other traditional rural uses such as hunting or
fishing.
Financial Impact
The farm easement value is based on the difference in the
value of the land without the easement on it and the value with a restrictive
conservation easement placed on the property deed. To establish this value, the farm was
appraised by a MAI certified appraiser who first values the farm at full market
value without any development restrictions in place. Then the appraiser determines the value of
the farm after the restrictions have been placed on the property. The loss in market value represents the value
of the conservation easement. Two
appraisals were prepared: one for the Flat River property and a separate one
for the Poole/Rougemont Road property.
The federal farm program grant provides up to 50% of the
land cost for the easement. The program
does not reimburse for surveys or closing costs, so those costs would be paid
only by Durham County. The Russell family
has agreed to donate 25 percent of the land cost for the easement, termed a “bargain
sale", because they would be selling the easement for less than its value. The remaining 25 percent of the easement cost
would be paid by Durham County, plus the required survey, appraisal and any
associated closing costs. In summary,
the total easement cost is estimated at $515,500 and is proposed to be shared
between the three partners as follows:
Federal at $251,000, Durham County at $139,000, and the Russell donation
valued at $125,500. The funding for
Durham County’s share of the grant would be from open space funds available in
the FY03-04 budget appropriated to an Open Space and Farmland capital projects
account on April 12, 2004.
The Board was requested to:
1)
Authorize
the Manager to execute an offer to purchase the conservation easement on the
proposed 131.4 acres on the following five parcels: #0819-03-31-6414, #0930-03-43-6345, 0930-03-33-6045, 0930-03-34-6410 (partial),
and 0930-03-44-6218 (partial) The purchase contract would include the
conditions that the County is not obligated to purchase unless the federal
farmland protection grant is awarded to pay for 50 percent of the value of the
land, and that the landowner agrees to the final easement that meets all the
federal guidelines.
2)
Authorize
the expenditure of up to $139,000 towards the purchase of the Russell
conservation easement on approximately 131.4 acres and approve the submittal of
the federal farmland protection grant to assist with the remainder of the
purchase price.
Public Hearing—FY 2004-2005 Draft Consolidated Action Plan
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 was
to receive comments pertaining to HOME program needs in Durham. The Board of County Commissioners “Needs"
public hearing was held on February 9, 2004.
The purpose of the second public hearing is to receive comments on the
use of FY 2004-2005 HOME funds as proposed in the Draft Consolidated Action
Plan. The FY 2004-2005 Draft
Consolidated Action Plan is currently available for public review (March 23,
2004 through April 23, 2004).
The Durham City-County HOME Consortium anticipates receiving
total HOME Investment Partnership (HOME) program funds for $1,456,000. This amount includes an annual HOME
allocation of $1,387,850 and program income for $120,000. The proposed use of FY 2004-2005 HOME funds
includes a substantial homeowner rehabilitation program for low-income city and
county residents, a First-Time Homebuyers Program for city and county residents,
and a County Initiative.
The Department of Housing and Community Development (DHCD)
staff recommended that three FY 2004-2005 HOME proposals also be funded:
Meriwether Spring Housing Associates, The Community Builders, and AIDS
Community Residence Association Inc. (ACRA). DHCD staff recommends that
unobligated 2003-2004 Community Housing Development Organization (CHDO)
set-aside funds are made available to Rebuild Durham and Healing With CAARE
Inc.
The Durham City-County HOME Consortium will be required to
provide a 25% match (non-federal funds) to the total amount of HOME funds used
directly for affordable housing activities during FY 2003-2004. The required match would be approximately
$300,000 and would be funded with City Housing Bonds and County funds
(particularly for the County Initiative) as outlined in the current Consortium
Agreement.
RESOURCE PERSONS: Constance Stancil, Interim Director of the Department of
Housing and Community Development; Katherine Simmons, Associate Director; and
Vickie Miller, Planning and Development Officer
COUNTY MANAGER’S RECOMMENDATION: The
Manager recommended that the Board hold the FY 2004-2005 Draft Consolidated Action
Plan public hearing to receive citizen comments.
Chairman Reckhow opened that public hearing which had been
properly advertised and recognized Dr. E. Lavonia Allison, PO Box 428,
Durham 27702 for comments.
Dr. Allison commended Housing staff for the thorough
presentation and reiterated several questions that had been posed by the Board.
Chairman Reckhow closed the public hearing and thanked the
Housing Department for its progress and willingness to work with the
Commissioners.
Major Site
Plan—Texas Trailer Commercial Site--Case
D02-426
Wrenn Engineering, on
behalf of Texas Trailer Company Incorporated, submitted a site plan for
conversion of an existing 985-square-foot residential building to a trailer
sales and rental office on a 0.46-acre site, zoned GC, R-20, and F/J-B. The proposed project will be located on the
northeastern side of South Miami Boulevard (US 70-A), across from Laurel Drive,
and north of Mineral Springs Road. (PINs
0840-04-63-8522 and 0840-04-73-0686; County Atlas Page 79, Block C-4).
RESOURCE PERSON(S): Frank M. Duke, AICP, City-County Planning Director
COUNTY MANAGER’S RECOMMENDATION: The Manager’s recommendation was that the Board receive the
presentation on the site plan and approve.
Mr. Duke gave a brief overview of the site plan, stating
that the plan meets all ordinance requirements.
Commissioner
Jacobs moved, seconded by Vice-Chairman Bowser, to approve the Major Site Plan
submitted on behalf of Texas Trailer Co. Inc. (Case D02-426).
The
motion carried unanimously.
Stormwater Ordinance Amendment
The proposed Stormwater Ordinance was passed at the April
12, 2004 Board of County Commissioners’ Regular Session. All the Commissioners were not present at
that meeting; therefore, the Ordinance is required to be passed a second time
to be valid.
The current Stormwater Ordinance does not allow for a review
or a deviation of the 50' setback for streams shown on either the U.S.G.S.
topographical map or the U.S.D.A. soil survey map when the property is not in
the Neuse River Basin. This has resulted
in the setback being imposed on properties when the maps are in error, and the
streams do not exist on the ground. For
properties located within the Neuse River Basin, the State Division of Water
Quality reviews the imposition of the setback and can allow development when
there are streams shown in error on the maps.
The proposed amendment sets up a mechanism to provide for review of the
streams at the expense of the developer.
Since this represents an amendment to the County’s stormwater program,
it must be submitted to the Environmental Management Commission for
approval. During this review by the
State, the County Engineer will prepare a proposed fee schedule for approval by
the Board.
RESOURCE PERSON(S): Chuck Kitchen,
County Attorney, and Glen Whisler, County Engineer
Citizen Comments
Chairman Reckhow allotted Dr. Lavonia E. Allison time to
make comments regarding the budget process, particularly as it pertains to
Durham Public Schools.
Dr. Allison, PO Box 428, Durham 27702, asked that the public be
afforded an opportunity for input other than at the budget public hearing,
which does not provide an occasion for meaningful public comment.
Commissioner
Cousin commented that although the BOCC/Durham Public Schools meeting agenda
designates a period for public comment, other items take more than the
projected time. Following the agenda
more closely or adding an additional
30 minutes to the meetings would give citizens time for questions and comments.
Legislative Meeting
Chairman Reckhow announced that a joint meeting with the
Board and the Legislative Delegation would be held on May 6 at 9:00 a.m.
Request by
Commissioner Heron
Commissioner Heron asked to be excused from the May 6, 2004
Worksession due to a family commitment in Houston, Texas.
Board and
Commission Appointments
Adult Care Home Community Advisory Committee
Hassen F. Nashid
Community Child Protection Team/Child Fatality Prevention
Team
Sadie Howard
Durham Planning Commission
John Edward Mozart (Lebanon Township)
Lynn M. Van Scoyoc (Mangum Township)
Memorial Stadium Authority
Dan Moushon
Nursing Home Community Advisory Committee
Nicole Davis
Open Space and Trails Commission
Leroy Joyner
Commissioner Heron thanked the newly appointed Planning Commission
representative, John Mozart, for attending the meeting and for donating his
time and services.
Commissioner Jacobs recommended that the Clerk to the Board
notify board and commission applicants who are ineligible for certain
positions.
Remarks by
Commissioner Jacobs
Commissioner Jacobs distributed to the Commissioners an
intimidating email she had received from the Chairman of the Planning
Commission regarding the appointment to the commission. Persons who are empowered with such positions
should conduct ethical, professional, objective behavior. Commissioner Jacobs’s philosophy is to
appoint citizens who have served and served well in previous appointments.
Closed Session
Commissioner Cousin moved, seconded
by Vice-Chairman Bowser, that the Board of Commissioners adjourn to closed
session to consider a personnel matter pursuant to G.S. § 143-318.11(a)(6).
The motion
carried unanimously.
Reconvene
to Open Session
