REVISED
Added a word to Item #7 for clarification
THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, November
25, 2002
7:00 P.M. Regular
Session
AGENDA
1. Opening of Regular Session?Pledge
of Allegiance
2. Agenda Adjustments
Vice-Chairman Reckhow added two items to be
placed at the end of the agenda:
·
Information
about Public Health Management in the Durham Public Schools
·
Cable
rate increase
Commissioner
Heron added an item regarding the long-range transportation plan.
3. Minutes
a.
September 23, 2002 Special Session
Minutes
b.
October 22, 2002 Joint Meeting
Minutes
Vice-Chairman Reckhow moved, seconded by Commissioner
Heron, approve the September 23, 2002 Special Session Minutes with a correction
to one word, and the October 22, 2002 Joint BOCC and Durham County Hospital
Corporation Board of Trustees Meeting Minutes as submitted.
The motion carried unanimously.
4.
Recognition of Outgoing Board Chairman MaryAnn E. Black
A reception honoring outgoing Durham
County Commissioner Chairman
MaryAnn E. Black was held earlier this evening. Vice-Chairman Ellen W. Reckhow will read a resolution honoring
the 12-year tenure of Commissioner Black and present a token of appreciation
from fellow members of the Board of County Commissioners.
5.
November Anchor Award Winner?Ronnie Butler
Resource
Person(s): Michael Turner, Director of General Services.
Mr. Turner detailed the exceptional
service given by Mr. Butler to various projects and emergency situations in
Durham County.
6.
911 Telecommunicator of the Year? R. Nathan Huey
Fire Marshal Jeff Batten detailed
the extraordinary efforts of Mr. Huey which kept the 911 Center open during a
flooding situation.
7.
Appointment of Tax Administrator
North Carolina General Statute §§
105-294 and 105-349 provide for the appointment of a tax administrator. Ten candidates were interviewed for the
position, and a tentative offer has been extended to, and accepted by, one of
these applicants. The formal
appointment by the Board of County Commissioners will consummate the process.
Resource
Person(s): MaryAnn E.
Black, Chairman; Chuck Kitchen, County Attorney
County
Manager's Recommendation: Appoint the
selected applicant for a two-year term expiring in July of 2005, pursuant to
the terms and conditions that were communicated in correspondence dated
November 14, 2002.
Commissioner Cousin moved, seconded by Commissioner
Heron, to appoint Mr. Kenneth L. Joyner Jr. as the Durham County Tax
Administrator for a two-year term effective January 6, 2003 at a salary of
$75,000.
The motion carried unanimously.
8.
Consent Agenda
a.
Durham Convention and Visitors
Bureau (DCVB) Appointment (approve appointment of Thomas M. Niemann);
b.
Resolution in Support of the AMBER
Alert Warning System for Missing Children (approve the resolution, forward a
copy to the North Carolina Association of County Commissioners, and include it
in the Board of County Commissioners 2003 Legislative Agenda);
c.
Adopt Resolution to Provide
Electronic Listing of Business Personal Property (adopt the resolution to
provide Electronic Filing of Business Personal Property);
d.
Left blank intentionally;
e.
Budget Ordinance Amendment Number
03BCC000023?The Durham Center?Recognize ?Latino Access to Coordinated
Healthcare" Grant in the Amount of $43,542 (approve this amendment and
appropriate funds in the amount of $43,542); and
f.
Order Authorizing Issuance of
Revenue Bonds (approve the Bond Order so that the sale of the bonds may proceed
as scheduled).
Commissioner Bowser moved, seconded by Commissioner
Heron, to approve Consent Agenda items 8(a), (c), (d), (e), and (f).
The motion carried unanimously.
After discussion of items 8(e) and (b), the following
motion was made:
Commissioner Heron moved, seconded by Vice-Chairman
Reckhow, to approve Consent Agenda item 8(b).
The motion carried unanimously.
9.
Public Hearing on Proposed Zoning Text Amendment Related to Modifications
for Home Occupations
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This is a citizen-initiated
proposal to modify the Zoning Ordinance's Home Occupation standards for Rural
District (RD)?zoned properties that are 10 acres or larger. According to the proposal, properties
meeting these characteristics could seek a Minor Special Use Permit that
would allow the home occupation to exist in an accessory building or
dwelling, and employ up to three off-site employees.
The Zoning Committee unanimously recommended approval of the proposal
after conducting a public hearing on October 8, 2002.
The Planning Department recommends adoption of this proposed text
amendment by the Board of County Commissioners.
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Resource Person(s): Bonnie
Estes, AICP, Durham City-County Planning
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County Manager?s Recommendation: The County Manager recommends that the Board hold
the public hearing on the proposed text amendment and adopt it, if
appropriate, after receiving public comment.
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10.
Public Hearing on Proposed Zoning Text Amendment Making Technical Changes
to Section 15 of the Zoning Ordinance
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This proposal makes technical
changes to Section 15 of the Zoning Ordinance. The changes are necessary due to the multiple amendments made
to this Section during the past few months.
The proposal calls for the re-adoption of the expedited procedure for
the initial zoning of newly-annexed property because of its inadvertent
deletion during the approval of the multiple amendments to Section 15. This proposal also incorporates the
previously-adopted standards for expedited reviews and clarifies the time
frame for Planning Commission actions.
The Zoning
Committee unanimously recommended approval of the proposal after conducting a
public hearing on October 8, 2002.
The
Planning Department recommends adoption of this proposed text amendment by
the Board of County Commissioners.
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Resource Person(s): Bonnie
Estes, AICP, Durham City-County Planning
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County Manager?s Recommendation: The County Manager recommends that
the Board adopt this proposed text amendment.
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11.
Public Hearing?Rezoning?Falls Lake Critical Area Boundary (Case P02-52)
Durham County has recently adopted
an ordinance revising the definition of the Falls Lake Critical Area in the
vicinity of Ellerbee Creek. This
rezoning is the mapping change reflecting that text amendment. The proposed change would remove approximately
274 acres from the F/J-A overlay district and place that area in the Falls/Jordan
Protected Area (F/J-B) overlay district.
The change will allow slightly-higher density, residential development
and some non-residential development (with a change in the underlying zone). The proposed change is consistent with the
North Durham Plan and with the requirements of the Durham Zoning Ordinance.
Resource
Person(s): Frank M. Duke, AICP, Director, City-County Planning
Department; Keith Luck, Planning Supervisor, City-County Planning Department
12.
Quasi-Judicial Public Hearing: Major Use Permit?Shimizu-AW North Carolina
(Major Use Case M02-08)
To hold a public
hearing to consider a Major Use Permit for an increase in impervious surface to
32% in the F/J-A Watershed District. Arcadis G&M, on behalf of Shimizu-AW
North Carolina, has submitted an application for a Major Use Permit to allow
this increase in the F/J-A Watershed Overlay District. The project is a 78,800 square-foot addition
to an existing manufacturing facility with 415 new parking spaces on a +123
acre site. The site is located on the
south side of Teknika Parkway east of Old Oxford Highway, and is to be accessed
by existing driveway entrances off Old Oxford Highway and Teknika Parkway. The Board heard testimony on November 11,
2002 and requested additional information on parking and hazardous materials
handling.
Those persons signed to speak at this Quasi-Judicial
Public Hearing were sworn in by Mr. Garry E. Umstead, Clerk to the Board.
Mr. Don Doty presented the additional information
requested by the Commissioners.
First to speak were the proposal?s Proponents: Will Collins, Human Resources Manager; Erin
Hite, Environmental Officer; Randy King, Arcadis; Dick Ikuma of Shimizu AW;
Walter Brice, Facility Engineer for Shimizu; and Ted Conner, V-P Economic
Development, Durham Chamber of Commerce.
Dr. Lavonia Allison, 1315 McLaurin Avenue, had
questions regarding the environment
The Commissioners expressed their concern that the
number of parking spaces be kept to only those required, to reduce runoff from
impervious surfaces.
The public hearing was continued.
Commissioner Heron moved, seconded by Commissioner
Cousin, to approve the request to increase the impervious surface from 25% to
32% in the F/J-A Watershed Overlay District for this project.
The motion carried unanimously.
13.
Public Hearing?Major Site Plan?Shimizu-AW North Carolina (Site Plan Case
D02-532)
To approve a site
plan for a 78,800 square-foot addition to an existing manufacturing facility
with 415 additional parking spaces on a +123 acre site. Arcadis
G&M, on behalf of Shimizu-AW North Carolina, has submitted a site
plan for a 78,800 square-foot addition to an existing transmission
manufacturing and assembly facility with 415 new parking spaces on a +123
acre site. The proposed project is
located on the south side of Teknika Parkway east of Old Oxford Highway and is
to be accessed by existing driveway entrances off Old Oxford Highway and
Teknika Parkway. This site is located
inside the F/J-A Watershed District, which requires Major Site Plan approval
for new, non-residential development.
This site plan is consistent with the master plan for Shimizu as
presented to the Board with its
original site plan approval in March 1999. As required under the Watershed regulations, notice for the
Board?s consideration of this site plan has been advertised in the Durham
Herald-Sun on October 28 and November 4, 2002.
14.
Review of the Draft Recommended 2025 Long-Range
Transportation Plan
Resource person(s): Felix
Nwoko, Transportation Planning Manager
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County Manager?s Recommendation: The County Manager recommends that
the Board review the draft 2025 Long-Range Transportation Plan and, if
appropriate, comment on it.
The
public hearing was opened for speakers:
John
Dagenhart,
1409 Dollar Avenue, Durham 27701, spoke for improvements in northern Durham
County.
Ted
Conner,
3305 Park Overlook Drive, spoke to encourage dialog between all interested
persons during this process.
Robert
Larson,
513 N. Waters Edge Drive, Durham 27703, Grove Park Neighborhood Association,
spoke in support of the Northern Durham Parkway.
Anne
Peele,
Durham Chamber of Commerce, spoke to support smart growth.
Caleb
Southern,
604 W. Morgan Street, spoke to support the Northern Durham Parkway.
Larry
Holt,
5110 Stardust Drive, Durham 27712, spoke in support of the East End
Connector, US-70 improvements, and I-85 improvements.
There
being no other persons signed to speak, the public hearing was closed.
Vice-Chairman
Reckhow moved, seconded by Commissioner Heron, to agree in principal with the
draft of the 2025 Long-Range Transportation Plan, with a change to the chart
on page 13 and substitution with information on page 6 of a referenced memo.
The
motion carried unanimously.
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15.
Budget Ordinance Amendment No. 03BCC000024?DSS?Accept Revenue from Duke
Medical Center for ?Just for Us? and ?LATCH? Grant Projects in DSS and from The
Durham Center for an Outposted Medicaid Worker in DSS
16.
Report on Malpractice Insurance Renewals
The malpractice
insurance for the County departments and The Durham Center expires on December
1, 2002. The present insurance is with
St. Pauls. The company has indicated
that it is not continuing to provide malpractice insurance after its current
policies expire. The Risk Manager,
working with the County?s insurance advisor, Marsh and Marsh, has been able to
procure the quotes on the attached summary.
During the current
year, the premiums for the malpractice coverages, excluding EMS, total
approximately $63,042. The proposed
insurance carriers are National Union Fire Ins. Co. for Mental Health
physicians and Public Health physicians for the jail, and Medical Mutual for
the two dentists. National Union is not a Marsh and Marsh-contracted company,
and the County will deal directly with the insurance company. It should also be noted that the total cost
for the two dentists will be approximately $2,400 after the filling of the
second position. The dentists? coverage
would involve a contract being issued directly to the dentist, with the County
paying the bill. An agreement will be
required to have the pro rata costs reimbursed to the County should the dentist
leave the employment of the Health Department prior to the conclusion of the
term of the insurance policy.
At this time, we have been unable to
procure a quote for EMS coverage. Last
year?s premium was $35,709 for this coverage.
Marsh and Marsh has been able to find one insurance company, Arch
Insurance Service, which has indicated that it may be willing to give us a
quote on the insurance, but has not at this point. It has indicated that if it gave a quote, the premium would be in
the $50,000 range, with a deductible of $5,000-$10,000. We are continuing to work with Marsh and
Marsh to obtain additional quotes.
However, it is unlikely that replacement insurance will be in place by
December 1, 2002. In that case, EMS
would come under the County?s resolution on defense of employees, as are the
other departments which do not have insurance coverage.
17.
Closed Session
The Board of
Commissioners is requested to adjourn to closed session to consider the
performance of a public official pursuant to N.C.G.S. § 143-318.11(a)(6).
Vice-Chairman Reckhow moved, seconded by Commissioner
Cousin, to adjourn to Closed Session to evaluate the performance of the County
Manager.
The motion carried unanimously.
The Commissioners and associated persons
adjourned to the closed session at 10:06 p.m.
Reconvene
Into Open Session
Vice-Chairman
moved, seconded by Commissioner Cousin, to increase the County Manager?s term
life insurance by 3 times and to increase his salary from $131,250 to $136,500.
The
motion carried unanimously.
THERE BEING NO FURTHER BUSINESS, THE
MEETING ADJOURNED AT 11:20 P.M.
