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THE BOARD OF COUNTY
COMMISSIONERS DURHAM, NORTH CAROLINA Monday, January 6,
2003 9:00 A.M.
Worksession AGENDA 1. Citizen Comments?Ray Guthrie Mr. Ray
Guthrie, 2214 Rada Drive, has requested time on the agenda to speak to the
Commissioners regarding the Social Services Department. Please read the attached letter. 2. Citizen Comments?Jack Steer Mr. Jack Steer,
2416 Dawn Trail, has requested time on the agenda to speak to the Commissioners
regarding the 2002-2003 Budget process.
Please read the attached. 3. Citizen Comments?James Chavis Mr.
James G. Chavis, Jr., 801 Underwood Avenue, Apartment C, has requested time on
the agenda to speak to the Commissioners regarding the Social Services
Department. Please read the attached
letter. 4.
Citizen Comments?Thelma White Ms. Thelma White has requested time
on the agenda to speak to the Commissioners regarding transportation issues. 5. Durham
County Women?s Commission Report The
Durham County Women?s Commission had a needs assessment conducted to look at
the status of women in Durham County. Ms.
Kimberly Thornton, Chair, Durham County Women?s Commission, will present the
findings of the report and make suggestions to the County Commissioners. Resource
Person(s): Kimberly Thornton, Chair, Durham County
Women?s Commission County
Manager?s Recommendation: The County Manager recommends that the
Board receive the report. 6. Environmental Indicators Report from
the City-County Environmental Affairs Board The Durham City-County Environmental
Affairs Board (EAB) consists of citizen volunteers appointed by the City
Council, the Board of County Commissioners, and the Soil and Water Conservation
Board of Supervisors. Among its charges
are to: advise the elected bodies on environmental policy, educate public and
local officials on environmental issues, and perform special studies and
projects requested by the City and/or County on environmental issues. The EAB was requested to develop a set of
environmental indicators that can be used to track environmental conditions
within the County from year to year.
These indicators can serve as important educational, motivational, and
planning tools for citizens and policy makers.
The report contains a list of indicators developed by the EAB with input
from relevant City and County departments, local environmental groups, and
appropriate government agencies, as well as recommends that the County begin a
more comprehensive process of setting goals and taking further action. Representatives from the EAB will present the
report and respond to any questions that the Board may have. Resource
Person(s): Judy Kincaid, Chairman of the Environmental
Affairs Board County
Manager?s Recommendation: Receive the report and advise staff of any
actions to be taken. 7.
Review of Memorandum of Understanding With the Durham Public Schools The
Durham County Board of Commissioners and the Board of Education for the Durham
Public Schools have agreed to develop annual Memoranda of Understanding (MOU)
in order to strategically identify issues/initiatives of mutual interest. The agreement is largely an effort to ensure
strong channels of communication between both boards while working to improve
the quality of education for students attending the Durham Public Schools. The
Superintendent and County Manager have agreed upon an MOU for the 2002-2003
Fiscal Year. The MOU carries forward
all of last year?s understandings.
However, both parties have also recommended that additional language be
included relative to the provision of evaluations and status reports on the
Hillside High School Plan. Resource
Persons: Mike Ruffin, County
Manager County
Manager?s Recommendation: The County Manager recommends that the
Board review the proposed Memorandum of Understanding and advise staff of any
additional changes or issues that should be incorporated therein. 8. Quasi-Judicial Hearing: Major Special Use Permit?New
Elementary School ?A", Phase I?Ephesus Church Road (Case M02-04) --To hold a
quasi-judicial hearing to consider a Major Special Use Permit for a public
school in the R-20 District. --To direct the
Planning Director to prepare an order for adoption for either 1) approval, 2)
approval with conditions, or 3) denial, or to continue the hearing to a
specified later meeting. A draft order
for approval with staff-recommended conditions will be available at the
meeting. Coulter
Jewell Thames, PA, on behalf of Durham Public Schools, has
submitted a Major Special Use Permit for an 81,385 square-foot, one- and
two-story elementary school for 609 students, with 138 motor vehicle and nine
bicycle parking spaces on a +17.48 acre portion of a +37.46 acre
site. The property is located at the
southeastern corner of the intersection of Ephesus Church Road and George King
Road (PIN 0709-03-12-9503; tax reference 485-2-8; County Atlas Page 85, Blocks
A-3, A-4). Governing Body approval of
the Major Special Use Permit is required for public schools in the R-20
District. Notice of the governing board
consideration of this Major Special Use Permit will be published in the
newspaper in accordance with the requirements of the Durham Zoning Ordinance
Section 13.2.2.3 Major Special Use Permits. Resource
Person(s): Frank M. Duke, AICP, Planning Director County
Manager?s Recommendation: The County Manager recommends that the
Board continue the Quasi-Judicial Hearing; any action thereupon requires a
suspension of the rules. 9. Major Site Plan?New Elementary School ?A", Phase
I?Ephesus Church Road (Case D02-421)
Resource
Person(s): Frank M. Duke, AICP, Planning Director County
Manager?s Recommendation: If appropriate, the County Manager
recommends that the Board suspend the rules and approve the site plan. 10.
Little River Regional Park and Natural Area Update The
391-acre Little River Regional Park and Natural Area, which is jointly owned by
Durham and Orange counties, is currently in the final design and development
stages. The final site plan is
anticipated for BOCC approval in late January or early February. The design and construction phase is funded
primarily by a $262,000 Land and Water Conservation Fund Grant. The firm Haden-Stanziale has been hired to
design the Park entrance, access, parking, and other infrastructures. They have been working with staff, the
Little River Park Advisory Board, and the public in the design for the Park
entrance facilities. Due
to the joint management and administration of the park?s overall use,
functions, design, interlocal agreements etc., the timeline for the opening of
the Park is anticipated for late summer or early fall of 2003 at the
earliest. The anticipated timeline for
this process is attached. Staff is
currently finalizing a draft interlocal agreement for consideration by the Orange
and Durham County Boards for approval in late January. The design phase
has included input from the Advisory Board as well as input from citizens at an
October 29, 2002 public review of the conceptual plan for the park. The site plan also includes the relocation
of a house in Orange County to the Park for a resident manager/caretaker
structure as agreed to by both Boards. Resource Person(s):
Frank M. Duke, AICP, Planning Director; Mike Giles, Open Space Land Manager
11.
Triangle J Cable Regulatory Consortium Triangle J Council of Governments
(TJCOG) has formed the Triangle J Cable Regulatory Consortium (Cable
Consortium), made up of local governments, to assist members in addressing
their cable television and telecommunication responsibilities. The Cable Consortium advocates for, and
protects, the public interest in the regulation and development of cable communications
systems in the Triangle J Region and its member local governments; monitors and
helps resolve cable subscribers? concerns in these jurisdictions; and
participates in the planning and implementation of community use of
communications technologies which make use of the public right-of-way. TJCOG has secured the expertise of Mr.
Robert F. Sepe of Action Audits, LLC, as a contractor with substantial
knowledge and experience in cable television administration, regulatory,
franchising, licensing, public access television management, and right-of-way
enforcement matters necessary for local governments to assert their regulatory
authority and protect the public interest.
Durham County is currently facing an unregulated increase in its cable
fees. As
detailed in Attached Exhibit A, the annual membership rate is $5,000 for member
governments. Durham recently paid
$1,000 to TJCOG for assistance with the Effective Competition Claim filed by
Time Warner Cable Company. Given that
contribution, the joining fee for Durham County is $4,000. For Durham County to become a member of the
Cable Consortium and receive the services detailed in Exhibit B, it is
necessary to enter into a contract with TJCOG, at which point services will
become available immediately. Resource
Person(s): Lowell Siler, Deputy County Attorney;
Robert Sepe, Technical Consultant for the Triangle J Cable Regulatory
Consortium; Renee Boyette, Member Services Director, Triangle J Council of
Governments. County
Manager?s Recommendation: The County Manager recommends the Board of
County Commissioners approve membership in the Triangle J Cable Regulatory
Consortium. This item will be placed on
the January 13, 2003 Consent Agenda. 12.
Closed Session The Board is requested to adjourn to closed session to
preserve the attorney-client privilege and to give instructions to an attorney
concerning the handling of claims and judicial actions pursuant to G.S. §
143-318.11(a)(3). Resource
Person(s): Chuck Kitchen, County Attorney 13.
Progress Report ? Local Business Plan for The Durham Center North Carolina?s
mental health reform plan, generally known as the State Plan, calls for major
changes about how public mental health/developmental disability/substance abuse
services (MH/DD/SAS) are structured at the local level. The plan specifies
the creation of a Local Management Entity (LME) that is responsible for
managing services and that is separate from a private provider network of
community-based organizations and that will provide the services and
supports. In Durham, the LME will be a
new department of County government.
The State
Plan requires the LME to assure that anyone can receive basic core
services, such as screening, assessment, emergency triage, and prevention, but
otherwise to focus services to those most in need of service, specified by the
state as the target population. The State Plan
calls for each local area program to submit a detailed written plan, called a Local
Business Plan (LBP), detailing how the LME and provider network will
work. The LBP is to be created in the
context of a strategic plan, i.e. a plan for the transition of the current
system to the new system. The LBP is
due to the State on April 1, 2003. The document
attached is a progress report of Durham's LBP which provides a summary of the
process and current design and is a report of efforts to date. Over 150 different individuals have
participated in development of the draft plan.
In December 2002, the Area Board of MH/DD/SAS approved the progress
report for submission to the State.
County government staff has reviewed the report and made changes, which
are indicated in bold type. Resource
Person(s): Ellen Holliman, Interim Area Director, The
Durham Center; Carolyn P. Titus, Deputy County Manager County
Manager?s Recommendation: The County Manager recommends that the
Board receive the presentation on the progress report and provide feedback and
direction to staff. The Board?s
approval is not required for the Area Board to submit the Progress Report to the State. 14.
Adoption of Legislative Goals The
Board is requested to consider adopting legislative goals to present to the
Durham County Legislative Delegation for consideration during the upcoming
session of the General Assembly. As was
done last year, the Board is asked to determine its priority legislative items,
those legislative items it is seeking the Delegation to introduce, and those
legislative items it is supporting.
After this is completed by the Board, the staff will construct a
legislative package for the Board?s presentation to the Delegation at a later
meeting. Legislative
items which the Board may wish to consider are attached. This includes drafted bills for some
potential legislative items, selected legislative goals from the North Carolina
Association of County Commissioners, a
complete list of the legislative goals from the North Carolina Association of
County Commissioners as adopted by the Board of Directors of the Association
for presentation at the Legislative Goals Conference, and requested legislative
items from the Department of Social Services and Health Departments. Resource
Person(s): Deborah Craig-Ray, Public Information Director;
Chuck Kitchen, County Attorney County
Manager?s Recommendation: Select the priority, seek, and support
legislative goals so that the Staff can prepare a legislative package. 15.
Commissioner Liaison Appointments The
Board of Commissioners will consider the appointment of its members to act as
liaisons to various other boards and commissions. The list of current appointments and the list of boards and commissions
are attached. The Board members were
asked to submit their preferences to the Clerk. The recommended appointments will be presented at the meeting. County
Manager?s Recommendation: Suspend the rules and approve the
appointments as decided by the Board. |
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