THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, December 13, 1999
AGENDA
5:00 P.M. – 6:00 P.M.
Board of Commissioners and Durham County Hospital Corporation
Board of Trustees
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The Board of County Commissioners has requested that Charles Blackmon,
Chairman, Durham County Hospital Corporation Board of Trustees, and Trustee
Gary Wilson, Chair of the Finance/Planning Committee, Durham County Hospital
Corporation, present a report to the Commissioners concerning the financial
condition of Durham Regional Hospital.
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7:00 P.M. Regular Session
1. Opening of Regular Session—Pledge of Allegiance
2. Agenda Adjustments
3. Minutes
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October 25, 1999 Regular Session
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November 1, 1999 Worksession
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November 22, 1999 Regular Session
4. Resolution Honoring the Durham Housing Authority’s 50th
Anniversary
A resolution has been prepared honoring the 50th
Anniversary of the Durham Housing Authority. The Durham Housing Authority
was created in 1949 and is one of the largest public housing agencies in
the state of North Carolina. Mr. James R. Tabron, who has served as Executive
Director for many years, will be present to make remarks and receive the
resolution.
County Manager’s Recommendation: Approve the resolution honoring
the 50th Anniversary of the Durham Housing Authority and present
a copy to Mr. James R. Tabron.
5. Resolution Honoring Duke University’s 75th Anniversary
A resolution honoring the 75th Anniversary of Duke University
will be presented. Duke University was established 75 years ago this month.
In honor of his father, Washington Duke, James Duke provided an unprecedented
$40 million to establish The Duke Endowment, the principal beneficiary
being Duke University.
James Duke’s vision of a university with an outstanding liberal arts
base, built on the foundation of Trinity College, led to what today is
recognized as one of the finest research universities in the world with
undergraduate, graduate, and professional programs in business, divinity,
engineering, environment, law, medicine, nursing, and public policy, all
of which have served, and continue to serve the people of Durham County.
Dr. Nannerl O. Koehane, Duke University President, will be present to
make remarks and receive the resolution.
County Manager’s Recommendation: Approve the resolution honoring
the 75th Anniversary of Duke University and present a copy to
President Koehane.
6. Resolution Regarding Gun Safety
Durham County Commission Vice-Chairman Ellen Reckhow, who also serves
as a member of the Board of Health, has invited Dr. Elaine Hart-Brothers,
Chair of the Board of Health, to share information about the "Resolution
Regarding Gun Safety." The resolution was approved on November 23, 1999.
County Manager’s Recommendation: Consideration of resolution
and provision of direction to staff.
7. Consent Agenda
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FY 1999-2000 Budget Ordinance Amendment No. 00CPA000007 (Museum of Life
and Science) approve capital budget amendment to establish the pay-as-you-go
project in the amount of $150,000);
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FY 1999-2000 Budget Ordinance Amendment No. 00BCC000018--Social Services
(approve the budget amendment in the amount of $105,084 to recognize additional
state dollars for the Crisis Intervention Program and the Adult Day Care
Program); and
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Authorize staff to proceed with the design for Phase 1 of the Wastewater
Treatment Improvements under an existing contract with McKim & Creed.
This project addresses two major issues, flooding and permit compliance,
related to the County’s Wastewater Treatment Plant.
Note: The purpose of a consent agenda is to handle consensus items
with one motion to save time on meeting agendas. Any item a Board member
pulls for discussion should be placed at the end of the agenda so public
hearings can be concluded as early as possible. This will provide for the
least inconvenience to the general public attending the public hearings.
8. Public Hearing on the Proposed Solid Waste Management Ordinance
At a Board of County Commissioners August 4, 1999 Worksession and
a
September 27, 1999 Regular Session, City, County, and State representatives
provided the Board a two-part informational solid waste management update.
The purpose of this informational update was to advise the BOCC on the
status of Durham County solid waste management operations and to identify
the need for a more comprehensive Solid Waste Management Ordinance for
better enforcement of solid waste concerns in Durham County.
On November 8, 1999, the BOCC set a public hearing for Monday, December
13, 1999, to receive public comment from interested parties on the proposed
Solid Waste Management Ordinance as recommended by the Solid Waste Advisory
Committee.
On Monday, November 29, 1999, a Notice of Public Hearing was advertised
in the Durham Herald-Sun and copies were mailed to waste handlers
in Durham County.
Staff will be present to answer questions for the Board and to document
comments received from interested parties.
Resource Person(s): Michael Turner, Director of General Services,
Marcnelous Powell, Waste Reduction Supervisor
County Manager’s Recommendation: Receive comment from interested
parties on the proposed Solid Waste Management Ordinance, give directions
on any ordinance changes, and adopt the ordinance subject to the inclusion
of any changes.
9. Public Hearing to Consider the Adoption of an Ordinance
Which Amends the Zoning Ordinance Regarding the Districts and Standards
for Adult Establishments
It is the recommendation of the Durham County Attorney that it would
be prudent for the Board of County Commissioners to readopt the zoning
ordinance’s current regulations concerning adult establishments. The City
Council conducted a readoption of these standards on April 19, 1999. The
purpose of this readoption is to assure all concerned parties that the
standards of the zoning ordinance were established to address the potential
secondary impacts associated with an over concentration of adult establishments.
Adoption of this ordinance will clarify that these standards were developed
in response to the secondary impacts of the use. Adoption of the ordinance
is recommended. The Zoning Committee endorsed the proposal at an August
public hearing and suggested additional separation standards of 2,000 feet
for consideration. The proposal has added separations of 1,000 feet.
Resource Person(s): County Attorney Chuck Kitchen, Assistant
County Attorney Lowell Siler, and Dennis Doty will be at the meeting to
present the agenda item.
County Manager’s Recommendation: Conduct the public hearing and
adopt the adult establishment zoning standards to address the secondary
impacts of adult establishments.
10. Public Hearing—Angier Development, L.L.C. (Rezoning
Case P99-48)
Angier Development, L.L.C. will present to the Board of County Commissioners
a request to rezone 8.04 acres at 3846 Angier Avenue (Tax Map 643-2-6)
Request:
R-20 (Residential 20 District) to PDR-4 (Planned Density Residential--4
units/acre). The 2020 Plan supports Suburban Neighborhood uses. The Future
Land Use Map in the Southeast Durham Plan indicates Low Density Residential
(less than 4 units per acre). Staff recommends approval. The Zoning Committee
of the Durham Planning Commission conducted a public hearing on October
12, 1999, and voted 6-1 to recommend approval.
The public hearing for this request was advertised on November 26 and
December 3, 1999, in the Durham Herald-Sun.
Resource Person(s): Dwight Yarborough, Senior Planner
11. Issue Report and Set Public Hearing for Biogen
Biogen, Inc. and the Research Triangle Foundation are requesting that
the Board of Commissioners set a public hearing to consider expanding Research
Triangle Park to include property currently owned by Biogen, Inc. The property
lies in both Wake and Durham Counties. The two parties are requesting this
action by both Durham and Wake County Boards of Commissioners.
In order to consider the expansion of Research Triangle Park, the Board
of Commissioners is required to issue a report for public inspection. Notice
of the public hearing is required to be published, and a notice of the
public hearing must be sent to Biogen. Following the public hearing which
is proposed for January 10, 2000, the Board of Commissioners would then
consider whether to adopt a resolution expanding the Park.
Resource Person(s): Charles Case, attorney for Biogen; Hal Price,
Biogen; and
Rob Teer, Consultant to Biogen.
County Manager’s Recommendation: Set the public hearing for January
24, 2000 to allow sufficient time to give the proper notifications, and
adopt the report so the Board can consider whether to grant the request
to expand the Research Triangle Park following the public hearing.
12. Budget Amendment to Recognize Additional Work First Revenues
The Department of Social Services is requesting approval of a budget
amendment in the amount of $1,559,813. This figure represents additional
Work First funding to Durham County based on the recently received State
Funding Authorization. Approximately half of this dollar amount ($776,307)
represents 100 percent Federal carry-forward funding from the previous
fiscal year. It is not known whether this funding will be available to
the Department beyond the current fiscal year. The remaining funds are
part of on-going federal Work First funding that was not incorporated in
the Department’s approved FY 2K budget request.
The funding will be utilized in two distinct ways that support both
of the Department’s primary goals--promotion of family self-sufficiency
and protection of vulnerable adults and children.
First, with respect to the goal of family self-sufficiency, the Department
will utilize $819,770 to support a variety of services to families working
toward a goal of self-sufficiency. Two major activities to which the Department
will give attention are:
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Emergency Assistance to families that face a major short-term financial
crisis in utilities, heat/cooling, and rent within the first year of their
leaving Work First. These efforts will focus on job retention so that these
families do not have to return to welfare.
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Assisting TANF families with problems by securing safe and affordable housing.
DSS will collaborate with the Durham Housing Authority, the Affordable
Housing Coalition, and other community-based housing groups to provide
through a state grant housing services to TANF families. This assistance
will focus on enabling these families to secure affordable housing and
pursue self-sufficiency.
Second, with respect to the goal of protection of vulnerable children
and adults, the Department will utilize $740,043 to augment its Child Welfare
programs with the following objectives:
Retain CPS staff to ensure the protection of children and to maintain state
standards;
Provide supportive and intensive services to children and families to prevent
unnecessary out-of-home placements;
Begin to address the issue of children at risk as it pertains to court-ordered
funds for children placed in high-cost residential treatment settings (average
$150 day), and children in DSS custody who are placed in the 3 low-management
group homes in Durham County but require a high management residential
treatment setting.
The funding will be used to provide 10 additional provisional staff
positions ($210,000), purchase upgraded computer software and hardware
for Child Protective Services staff ($130,000), and purchase an array of
Family Support Services.
Resource Person(s): Gail Perry, Assistant DSS Director for Protection
of Vulnerable Adults and Children, and Gael Hallenbeck, Assistant DSS Director
for Program Support Services, will be available as resource persons for
this request.
County Manager’s Recommendation: Approve the Budget Amendment
to recognize Work First Revenues in the amount of $1,559,813.
13. Contract With NC Department of Social Services for
Family and Community Resource Development
The Cooperative Extension Service is requesting Board approval of
the contract between the NC Department of Social Services and the Durham
County Cooperative Extension Service for Family and Community Resource
Development (FCRD). The Board is also requested to approve the amendment
of the Cooperative Extension budget to reflect the addition of $77,500.00
in intergovernmental revenue and the expenditure of this amount in the
delivery of services noted in the contract. The contract provides for the
development and staffing of a family resource center in North East Central
Durham. The Cooperative Extension Service will administer the Center with
input from a community-based advisory council. The program will allow for
the development of family strengthening programs that integrate the services
of other county human service departments, schools, and community agencies.
The program is designed to compliment existing efforts in the community
and based on the McKnight model for capacity and asset development in neighborhoods
and communities. This model has been validated nationally in urban communities
and NC DSS and NC Cooperative Extension will work with Durham County’s
Extension Center to develop this model locally. It is the goal of this
program to build community capacity, allowing for the family resource center
to become independent of Cooperative Extension in the future.
This is the first year in which Durham County has provided administration
and program development to this FCRD program; however, other NC County
Extension Centers provide leadership to similar FCRD programs.
Approval of this contract will increase the current budget for Cooperative
Extension by $77,500. No local funds will be required to implement this
initiative. One and one-half provisional positions, dependent upon contract
continuation, will be created in this project. The existing Community Outreach
staff of Cooperative Extension will provide support to the startup of this
initiative.
Resource Person(s): Cheryl Lloyd, County Cooperative Extension
Director
County Manager’s Recommendation: Authorize the County Manager
to enter into a contract with the NC Department of Social Services for
Family and Community Resource Development and approve budget amendment
No. 00BCC000020 (FCRD grant revenue) increasing Cooperative Extension’s
budget by $77,500.
14. Noise Ordinance
The current Durham County Noise Ordinance does not comply with the
applicable case law in North Carolina. State v. Garren, a 1994 North Carolina
Court of Appeals case, is the leading case on noise enforcement in North
Carolina. The proposed ordinance complies with the State v. Garren decision.
The proposed ordinance is more concise than the current ordinance. Special
emphasis will have to be placed on training law enforcement personnel on
how to investigate and prepare cases prior to enforcing violations in court.
Lowell Siler, Deputy County Attorney, will review the State v. Garren
decision and the proposed ordinance with the Board of Commissioners at
this time.
Resource Person(s): Lowell L. Siler, Deputy County Attorney
County Manager’s Recommendation: Mr. Siler will incorporate the
Board’s guidance/input from the worksession and submit a final version
to the Board for its approval at a future session.
15. Discussion of Merger Charter Commission
County Attorney Chuck Kitchen will give a report regarding the statutes
governing the creation of a merger charter commission. He will also explain
the powers for such a commission.
County Manager’s Recommendation: Receive the report for informational
purposes only.
16. Cancellation of the December 27, 1999 Board of County
Commissioners Regular Session
As per the Chairman of the Board, the County Commissioners will discuss
the cancellation of the December 27, 1999 Regular Session.
17. Closed Session
The Board is requested to adjourn to closed session pursuant to G.S.
143-318.11(a)(3) & (5) in order to consult with an attorney and to
preserve the attorney-client privilege and to instruct staff concerning
the position to be taken in negotiation for the acquisition of real property.
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