THE BOARD OF
COUNTY COMMISSIONERS
DURHAM, NORTH
CAROLINA
Monday, August 9, 2004
MINUTES
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 (arrived at 7:33 p.m.), and Commissioners Philip R. Cousin Jr.,
Becky M. Heron, and Mary D. Jacobs
Absent: None
Presider: Chairman Reckhow
Closed Session?Personnel Matters
4:00 ? 6:30 P.M.
_______________________
7:00 P.M.
Regular Session
Opening of Regular Session?Pledge of Allegiance
Action Resulting from the Closed Session?Personnel Matters
Commissioner Jacobs moved, seconded
by Commissioner Cousin, to approve the annual salaries of the County officials
as follows:
The motion carried with the
following vote:
Ayes: Cousin, Heron, Jacobs, and Reckhow
Noes: None
Absent: Bowser (arrived late)
Agenda Adjustments
County Attorney Chuck Kitchen indicated an addition
to the Closed Session at the end of the agenda regarding the discussion of
matters relating to the location or expansion of industry.
Minutes
Commissioner
Heron moved, seconded by Commissioner Jacobs, to approve as submitted the June
1, 2004 Budget Worksession and the July 26, 2004 Regular Session Minutes of the
Board.
The motion carried with the
following vote:
Ayes: Cousin, Heron, Jacobs, and Reckhow
Noes: None
Absent: Bowser (arrived late)
Resolution Honoring the Life of Dr. Charles DeWitt Watts
Consent Agenda
Commissioner Cousin moved, seconded
by Commissioner Heron, to approve the following consent agenda items:
*a. Budget
Ordinance Amendment No. 05BCC000005?Criminal Justice Resource Center, Community
Based Corrections?Reduction in Revenue and Personnel Cost Associated with
Durham Drug Treatment Court Contract (reduce the agency?s budgeted revenue and
corresponding personnel expense line by $12,538);
b. Approve EMS Laundry Service
Contract with Angelica Textile Services (approve the $44,928 contract award);
c. Contract Approval for CJRC??A
New Day" Juvenile
Day Reporting
Center with Bethesda
Family Services Foundation (approve the $25,000 contract);
*g. Durham
County ABC Board Service Agreement (agree to basic maintenance services for
$25,840.20, plus compensation for additional repair services as requested);
h. Construction Contract for
Renovation of Criminal Justice Resource Center (formerly Jail Annex, Johnson Motor Company
Building) (authorize
execution with D.W. Ward Construction Inc. for $383,488 and execution of any
change orders or related contracts);
*i. Advancement
of Revaluation Date (adopt the resolution from the Tax Administrator advancing
the date to January 1, 2007);
j. September 7 Worksession
(approval for the September Worksession to convene at 1:30 p.m.);
*k. Alston Village
(Falls Pointe Apartments) Refunding (approve the two resolutions); and
m. County Initiative
for the $100,000 HOME Investment Partnership Funds (approve the proposal
submitted by The Durham Center).
The motion carried with the
following vote:
Ayes: Cousin, Heron, Jacobs, and Reckhow
Noes: None
Absent: Bowser (arrived late)
Consent Agenda Item
Removed for Discussion
Consent Agenda Item No. l. Approval of
Federal Grant Offer to the Raleigh-Durham
International Airport
(accept the grant offer).
Dr. E. Lavonia Allison, P.O.
Box 428, Durham, NC 27702,
Chairman of the Durham Committee on the Affairs of Black People, stated that
the Federal grant offer is an excellent opportunity.
Commissioner Heron moved, seconded
by Commissioner Jacobs, to accept the grant offered to the Raleigh-Durham International
Airport for $6,729,884 to
expand the Terminal C Apron and relocate Taxiway D (Phase I).
The motion carried with the
following vote:
Ayes: Cousin, Heron, Jacobs, and Reckhow
Noes: None
Absent: Bowser (arrived late)
Public Hearing and
Budget Ordinance Amendment No. 05BCC000004?Office of the Sheriff?2004 Local Law
Enforcement Block Grant Funds
The Sheriff established an Advisory Board as specified by the
grant, which met on
July 15, 2004 to recommend the proposed use for these funds. The equipment to be purchased as suggested by
the Advisory Board is as follows: Network Security Software, HDU Training (bomb
squad?Redstone, AL), Surveillance Equipment (SAC/NARC), Multi-Media Projectors (Gang Unit), Range Improvements,
Bar Coding System (asset inventory & evidence collection/storage), Digital
Movie Camera (Bull City Streets), Dialogue Projector/Teleprompter (Bull City
Streets), POPAT Upgrades, and Crisis Negotiations Training. Such equipment and technology would enhance
and improve the law enforcement abilities of the Sheriff?s Office and the County of Durham.
The motion carried with the
following vote:
Ayes: Cousin, Heron, Jacobs, and Reckhow
Noes: None
Absent: Bowser (arrived late)
Public Hearing?Doc Nichols Road Tract (P04-09)
Frank Duke, Planning Director, gave an overview of the
agenda item. R. L. Horvath Associates
Inc. was requesting to rezone a 288.13-acre
site located on the east side of Doc
Nichols Road between Olive Branch Road and Leesville Road from RD to PDR 3.39. PIN0769-01-19-6484; 0860-03-11-5310;
and -32-3006. The proposal was in
conformance with the small area plan.
The committed elements of the
development plan follow:
1. Build a maximum of 976 dwelling units.
2. All single-family lots to be a minimum of
6,000 square feet.
3. No perimeter lots and no lots extended into
stream buffers.
4. Site not to exceed 24% impervious surface.
5. A recreational swim club facility will be
provided.
6. Construct left-turn lane at each site
entrance on Doc Nichols Road.
7. Widen
Doc Nichols Road to a 45 feet back-to-back curb and gutter section
for the frontage of the site, including the frontage of the excluded Morton
Property.
8. Dedicate 10 feet of
additional right-of-way along the frontage of the site on Doc Nichols Road.
9. Construct northbound and eastbound left-turn
lanes at the intersection of Olive
Branch Road and Doc Nichols Road.
10. Construct westbound and southbound left-turn
lanes at the intersection of Doc
Nichols Road and Leesville Road.
11. Construct a westbound left-turn lane at the
intersection of Olive Branch Road
and NC 98.
Mr. Duke stated that staff recommends approval based on consistency with the adopted plan and
conformity with technical requirements. The
Zoning Committee of the Durham Planning Commission conducted a public hearing
on June 8, 2004 and voted 7-0 to recommend denial, based primarily on the
density requested.
Chairman Reckhow opened the public hearing that was properly
advertised.
The following citizens spoke in opposition to the rezoning
request:
Billy Sparks, 248 Bandock
Dr., Durham, NC
27703 (traffic
concerns)
Bruce Harris, 245 Bandock
Dr., Durham, NC
27703 (environmental
impact concerns, lack of diversity, and quality of life for the children)
Dr. E. Lavonia Allison, P.O.
Box 428, Durham, NC 27702
(traffic, school impact, and environmental concerns)
William A. Drew Marsh III, Attorney for the applicant, 120 E. Parrish St., Durham,
27701, appealed to the Commissioners to approve the rezoning request.
Ronald Horvath, applicant, 16 Consultant Place, Durham, NC 27707, added to
the argument given by Attorney Marsh in support of the rezoning.
As no one else requested to speak, Chairman Reckhow closed
the public hearing and referred the matter back to the Board.
Commissioner Heron made a motion to
deny the rezoning request. Chairman
Reckhow seconded the motion.
Commissioner Bowser moved to approve
the request provided the townhomes are reduced from 150 to 100.
The motion failed for the lack of a
second.
The
Commissioners voted on the first motion, providing an ambiguous response.
The showing of hands determined that
the motion to deny the request failed with the following vote:
Ayes: Heron and Reckhow
Noes: Bowser, Cousin, and Jacobs
Discussion ensued about the density issue and the reduction
in townhouses.
Commissioner Jacobs moved, seconded
by Chairman Reckhow, that the Board delay action on this request to give the
Planning Director and the developer time to work out a reduction in the number
of townhomes. Bring an amended plan back
to the Commissioners at their September 13 Regular Session.
Mr. Horvath confirmed for Mr. Duke that he proffered the
following:
1. As a committed element, add a traffic signal
at Olive Branch and Doc Nichols Roads subject to NCDOT approval.
1.
To
comply with the new UDO, install sidewalks on all cul-de-sacs greater than 400
feet in length.
2.
Change
the overall number of units in the project.
Chairman Reckhow petitioned Mr. Horvath to provide a plan
for an
environmentally-friendly project.
Commissioner Jacobs? motion carried
with the following vote:
Ayes: Bowser, Cousin, Jacobs, and Reckhow
Noes: Heron
Public Hearing?Plan Amendment A04-08?Junction Road Property
Planning Director Frank Duke stated that the property is
comprised of 40.63 acres of a total of 75.88 acres on five parcels located on
the east side of Junction Road, west of Woodland Park. The applicant is seeking medium-density
residential and low-density residential designation to develop 249-single
family units. The Northeast Durham Plan
designates this site as an Employment Center, which allows high-density residential
development but not medium- and low-density residential.
Staff has concluded that the applicant is correct that the
proposed development would provide for a smooth transition from the low-density
residential development from the south and east of the site to high-density
residential. It is also true that more
intense development would be difficult on the eastern portion of the site due
to environmental constraints. Given
these additional levels of detail, the change in designation is justified.
The
proposal is consistent with the plans for the area and the Northeast Durham
Plan.
The proposal for low-density
residential and medium-density residential designations is compatible with the
surrounding development of the area, providing a transition between the higher
densities encouraged within the Employment Center and surrounding lower density
development.
There are no
significant environmental constraints on development of the site with the
proposed designation.
The requested change was evaluated to suggest its potential
impact on the road network and schools.
In each case, the impact of the change is evaluated based upon a change
from the most intense development using the existing land use designation and
zoning within that designation to the use proposed with the corresponding
zoning request.
The proposed designation represents a decrease in traffic
based on the designation shown in the Plan.
The
schools to be affected by this development are: Merrick-Moore Elementary
School, Neal Middle School, and Southern High School. The proposed designation
represents an increase of students over the existing designation. The school system has the capacity to
accommodate the increase.
Planning staff recommended approval based on the proposed designation?s
consistency with the language of the Northeast Durham Plan.
The Planning Commission voted
denial 6-5 at its meeting of April 28, 2004, the primary reason being that the
Northeast Durham Plan is one of the last plans adopted. Mr. Duke acknowledged that the Planning
Commission recommended approval of the corresponding rezoning subsequent to
denial of the plan amendment.
Commissioner
Heron moved, seconded by Commissioner Cousin, to approve Plan Amendment
A04-08?Junction Road Property.
The
motion carried unanimously.
Adjournment
There being no further business, Chairman Reckhow adjourned
the meeting at 9:50 p.m.
Respectfully
submitted,
Vonda
C. Sessoms
