REVISED
(Item No. 10 has
been rescheduled to the September 22, 2003 Regular Session Agenda)
THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
September 8, 2003
7:00 P.M. Regular
Session
AGENDA
1. Opening of Regular Session?Pledge
of Allegiance
Chairman Reckhow opened the meeting with
the Pledge of Allegiance.
2. Agenda Adjustments
·
Item
#10, ?Summer Meadows Additions?Rezoning Case P03-12," was deferred until the
September 22, 2003 Regular Session.
·
Item
#11, ?Closed Session," was added to the agenda.
·
Vice-Chairman
Bowser announced a rally to end gun violence, scheduled for Thursday, September
11, at the corner of Elizabeth and Main Streets, from
3:00 p.m. to 7:00 p.m.
3. Minutes
Commissioner Jacobs moved, seconded by Commissioner
Cousin, to approve the Minutes of the June 2, 2003 Worksession and the August
25, 2003 Closed Session as submitted, and the August 11, 2003 Regular Session
with a one-word correction.
The motion carried unanimously.
4. Proclamation for National Family
Day?A Day to Eat Dinner with Your Children
Chairman Reckhow has been asked to
proclaim Monday, September 22 as ?National Family Day?A Day to Eat Dinner with
your Children". Communities around the
country are observing this day as a way to reaffirm the importance of the
family in reducing the likelihood of young people becoming involved in illegal
drug use, underage drinking, and smoking.
A local committee is planning several activities. Mr. Paul Savery will give brief highlights.
Resource
Person(s): Paul Savery, Durham Center
County
Manager?s Recommendation: The County Manager recommends that
the Board approve the proclamation and present it to Mr. Savery.
Chairman Reckhow read the
proclamation into the record. Thanks
were extended to Mr. Paul Savery.
5.
Consent Agenda
a.
Budget Ordinance Amendment No.
04BCC000011?Criminal Justice Resource Center?Juvenile Day Reporting Center
(approve the budget ordinance amendment in the amount of $1,188 for the
Criminal Justice Resource Center);
b. Budget
Ordinance Amendment No. 04BCC000012?Social Services?Recognizing Funding from
Urban Ministries for Child Care (approve the budget ordinance amendment to
recognize a $12,500 grant from Urban Ministries);
c. Budget
Ordinance Amendment No. 04BCC000013?Appropriate Funds to the Literacy Council?s
GED Program (approve the budget ordinance amendment and fund the Literacy
Council?s GED Program with $32,500 from the Commissioners? contingency fund and
approve the contract amendment with the Literacy Council);
d. Budget Ordinance Amendment No.
04BCC000014?Appropriate Funds for 100 Years of Powered Flight per Approved
Agreement with Raleigh-Durham Airport Authority (approve budget ordinance
amendment to appropriate funding for the initial payment of $50,000 per the
agreement with Raleigh-Durham Airport Authority Celebrating 100 Years of
Powered Flight. These funds were
initially budgeted in the Commissioners? contingency fund for Fiscal Year
2003-2004 and will be transferred to the County Manager?s budget);
e. Capital Project Ordinance Amendment No.
04CPA000004 and Approve Contract Amendments for Completing Agriculture Building
Renovations?Project No: DC068-48 (approve the capital budget amendment which
represents the County contribution [$325,000] for FY 2003-04 and approve
contract amendments with Michael Hining Architects P.A. and The Zehia
Corporation, including execution of any change orders or related contracts, if
necessary, not to exceed the available project budget);
f.
Approval of Memorandum of
Understanding with Durham Public Schools (approve the Memorandum of
Understanding for FY 2003-2004);
Commissioner Heron moved, seconded by Commissioner
Jacobs, to approve the Consent Agenda Items 5(a) through 5(h) with the
exception of items 5(d) and 5(g).
The motion carried unanimously.
(Items
5(d) and 5(g) were pulled for discussion and moved to follow item #10.)
Vice-Chairman Bowser moved, seconded by Commissioner
Heron, to approve Consent Agenda Item 5(d) and pay the first $50,000
installment to the Raleigh-Durham Airport Authority with the understanding that
the Board, in January 2004, will draw up a proposal to bring about fair
distribution from revenues collected by the Airport Authority.
The motion carried unanimously.
___________________
Vice-Chairman Bowser moved, seconded by Commissioner
Heron, to approve Consent Agenda Item 5(g) and adopt the resolution to create a
task force to study enhancing vocational education opportunities in Durham
County.
The motion carried unanimously.
6. Public Hearing?School Impact Fee Ordinance [TC03-10]
The Board of County Commissioners
has expressed a desire to establish school impact fees on residential property
to recover a portion of the costs that new residential development imposes on
the taxpayers to provide for public school improvements.
The ordinance
provides for the establishment of a school impact fee on January 1, 2004 in the
amount of $2,000 for single-family dwelling units and $1,152 for multi-family
dwelling units, both of which represent less than half of the maximum allowable
cost. The collected fees will be used
to offset the cost of capacity-related improvements to Durham Public Schools.
Resource Person(s): Mike
Ruffin, County Manager; Chuck Kitchen, Durham County Attorney; and Frank M.
Duke, AICP, Durham City-County Planning Director
County
Manager?s Recommendation: The County Manager recommends that the Board
consider the public comments, and if appropriate, adopt the ordinance.
Chairman Reckhow opened the Public
Hearing and called the signed speakers forward:
Proponents Opponents
Larry Holt John Childers Jr.
Steve Boccino Deb Anderson
Jackie Brown John Schlichenmaier
Caleb Southern Fen Adcock
Jane Avery Steve McDowell
Angie Elkins Wendell
Bullard
Ann Resesso (sp?) Dr.
D. Irani
Robert Jensch Don
Fraley (sp?)
Liz Pullman Tony
Craver
Reid Young Terry
McCabe
Carol Young Chris
Sinclair
John Parrish Steve
Payne
Paul Glenn Nicholas
Tennyson
Gracie Council Torrence
Porter
Melvin Whitley Elizabeth
Allerdise (sp?)
John Schelp Barnett
Crabtree
John Parker Sheila
Willis (yielded to Wendell Bullard)
Pat Carston
Dabney Hopkins
John Rorham (sp?)
Milo Pyne
Fred Broadwell
Hildegard Ryals
Michael Bacon
Steven Matherly
Steve Barnett
Dr. Lavonia Allison
Chairman Reckhow closed the Public Hearing and thanked
the speakers for their participation.
She clarified the information presented by several speakers.
At Chairman Reckhow?s request, County Attorney Chuck
Kitchen addressed the question of support for this ordinance by the local
legislative delegation. The County
Attorney stated that there is a general statute which allows the Commissioners
to set fees.
The County Attorney and County Manager addressed the
questions and concerns posed by the Commissioners.
The Commissioners spoke individually of their support
for the school impact fee ordinance.
Commissioner Heron moved, seconded by Vice-Chairman Bowser
to adopt the School Impact Fee Ordinance [TC03-10] to become effective January
1, 2004.
The motion carried with the following 4 to 1 vote:
Ayes:Bowser,
Cousin, Heron, and Reckhow
Noes:Jacobs
7. Public
Hearing?County Initiated Land Use Plan Amendment?Hamlin Rd.
(# A03-10)
This
item is a plan amendment for the North Durham Plan.
The Board of County Commissioners directed staff to bring
this plan amendment forward to take into account the changing circumstances of
the proposed Northern Durham Parkway alignment and to make the FLUM designation
more closely reflect the existing land use of the area. The parcels total 111.995 acres and are
located on the south side of Hamlin Road approximately 1,000 feet east of its
intersection with the Old Oxford Highway.
The Planning Commission considered this item at a public hearing held
July 23, 2003 and recommended approval.
Resource
Person(s): Frank M. Duke, AICP, Planning Director, Durham City-County
Planning Department
County Manager?s
Recommendation: The County Manager recommends that the Board conduct a
public hearing and, if appropriate based on public comment, amend the North Durham
Plan FLUM to designate the area located on the south side of Hamlin
Road approximately 1,000 feet east of its intersection with the Old Oxford
Highway for low density residential use.
City-County Planning Director Frank Duke
presented the agenda item.
Chairman Reckhow opened and closed the
Public Hearing with no speakers signed.
Vice-Chairman Bowser moved, seconded by Commissioner
Cousin, to approve the amendment to the land use plan A03-10.
The motion carried unanimously.
8. Public Hearing?Zoning Text Amendment?Amortization
of Nonconforming Junkyards and Vehicle Repair Shops [TC 03-9]
The Zoning
Ordinance permits legal nonconforming uses to continue in existence without
complying with any of the adopted standards, provided the use was legally in
existence at the time the zoning provisions were adopted. This agenda item proposes an amendment to
the zoning ordinance to establish differing amortization periods for
nonconforming junkyards and vehicle repair shops to either provide a visual
screen or achieve compliance, based on whether or not the use is allowed by the
underlying zoning.
Resource
Person(s): Frank M. Duke, AICP, Planning Director, Durham City-County
Planning Department
City-County Planning Director Frank Duke
presented the agenda item.
Chairman Reckhow opened the Public Hearing
and recognized one speaker:
Melvin
Whitley,
2614 Harvard Avenue, representing the Y.E. Smith Homeowners Association, spoke
in support of the zoning text amendment.
Vice-Chairman Bowser moved, seconded by Commissioner
Jacobs, to approve the Zoning Text Amendment TC03-9.
The motion carried unanimously.
9. Public Hearing?FY 2002-2003 Draft
Consolidated Annual Performance and Evaluation Report (CAPER)
The City of Durham
Department of Housing and Community Development requests that the Board of
County Commissioners hold the FY 2002-2003 Draft Consolidated Annual
Performance and Evaluation Report (CAPER) public hearing to receive citizen
comments. The CAPER provides Durham an
opportunity to assess anticipated performance with actual performance in
meeting the priorities and objectives of the Consolidated Action Plan. The CAPER public hearing is held annually in
September by the Board of County Commissioners to receive comments on the
previous year?s City-County HOME Consortium Investment Partnership program performance. This performance is detailed in the CAPER
that must be submitted to the U.S. Department of Housing and Urban Development
(HUD) no later than September 28, 2003.
The 2002-2003 CAPER was been made available (in draft form) to the
public for review from August 1, 2003 through September 1, 2003. Comments received at the public hearing will
be placed into the CAPER before it is submitted to HUD. The City Council is scheduled to hold its
CAPER public hearing on September 2, 2003.
Durham receives an annual HOME
Consortium grant award from HUD. The FY
2002-2003 HOME entitlement allocation was $1,051,000 in HOME funds. The FY 2002-2003 Consolidated Action Plan
allocated these HOME funds primarily for housing activities in Durham with
special focus in target neighborhoods.
Major HOME program expenditures made during the 2002-2003 program year
(as shown in the draft CAPER) included homebuyers assistance, new homebuyer
rehabilitation, and special needs housing.
During FY 2002-2003, a First-Time
Homebuyers Program was presented to Durham County residents during National
Homeownership Month by City staff, local lenders, and realtors. The HOME-funded program is now available to
qualified homebuyers that desire to live in Durham County (outside the City limits). Effective marketing strategies will be
implemented for both the County Substantial Housing Rehabilitation and
Homebuyers Assistance Programs during FY 2003-2004. During FY 2003-2004, a homeownership program will be designed and
implemented for Durham County Sheriff?s and Durham County Government employees
through the use of HOME funds.
Charlene Montford, Director of the
City of Durham Department of Housing and Community Development has reviewed
this request and recommends that the Board of County Commissioners hold the FY
2002-2003 Draft Consolidated Annual Performance and Evaluation Report (CAPER)
public hearing to receive citizen comments.
Michael Pullum, Senior Planner, will attend the meeting to answer
questions.
Chairman Reckhow opened the Public
Hearing, which was properly advertised, and continued the Public Hearing until
the September 22, 2003 Regular Session.
10.
Summer Meadows Additions?Rezoning Case P03-12
Rescheduled to the September 22,
2003 Regular Session
Vice-Chairman Bowser moved, seconded
by Commissioner Cousin, to defer Agenda Item # 10 until the September 22, 2003
Regular Session.
The motion carried unanimously.
Resource
Person(s): Frank M. Duke, AICP, Planning Director, Durham City-County
Planning Department
11.
Closed
Session
(Agenda Item added)
The
Board is requested to adjourn to closed session to discuss matters relating to
the location or expansion of industry pursuant to G.S. § 143-318.11(a)(4).
THE
COMMISSIONERS ADJOURNED TO CLOSED SESSION AT 10:30 P.M.
