Sunday, August 31, 2008

City Council meeting Tuesday

Because of Labor Day, the next Council meeting is on a Tuesday.  The so-called "Development Review Process Improvement Project" items seem to be part of Bell and Vorhees' proposal to make it even easier for developers to run roughshod over the community than it is now.   
 
The Mayor calls the meeting to order at 7:00 pm

Call To Order

Moment Of Silent Meditation

Pledge Of Allegiance

Roll Call

Ceremonial Items

Announcements By Council

Priority Items By The City Manager, City Attorney And City Clerk

[Consent Agenda]

1. Approval of City Council Minutes

To approve the City Council minutes for the August 4, 2008 City Council Meeting; and

To approve City Council action taken at the July 24, 2008 City Council Work Session.

(Resource Person: D. Ann Gray – 4166) (PR# 5370)

2. Citizens Advisory Committee - Appointment

To appoint Corinna Page to the Citizens Advisory Committee with the term to expire on June 30, 2011.

Note: At the Work Session on August 21, 2008, Ms. Page received seven (7) votes.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 3 pages) (PR# 5366)

3. Durham Housing Authority Board of Commissioners - Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Durham Housing Authority Board of Commissioners with the term to expire on September 28, 2013.

(Due to the term expiring of Isaac A. Robinson)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 4 pages) (PR# 5368)

4. Extension of Janitorial Service Contract for Fleet Management Department

To authorize the City Manager to extend the Fleet Management and Communications Maintenance Janitorial Services Contract with Jan Pro Cleaning Systems of Raleigh, North Carolina for a Two Year Period for the amount of $31,872.00; and

To authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract, except that increases in the dollar amount of the contract which are solely attributable to the city's livable wage ordinance are allowed.

(Resource Person: Kent Cash – 4101) (Attachment #4 - 3 pages) (PR# 5341)

5. Design-Build Agreement for the Durham Skateboard Park

To adopt a resolution, pursuant to N.C. General Statute §143-64.32, exempting the Durham Skateboard Park Project from NC General Statute 143-64.31;

To authorize the City Manager to execute the Design-Build Agreement for the Durham Skateboard Park with the joint venture team of Lumina Builders, Inc. and Pillar Design Studios in the amount of $371,600.00;

To authorize the City Manager to make changes to the contract before executing it if the changes do not increase the fee to be paid by the City and do not decrease the goods and services to be provided to the City;

To establish a project contingency in the amount of $59,125.00; and To authorize the City Manager to negotiate and execute change orders on the Design-Build Agreement for the Durham Skateboard Park provided the total project cost does not exceed $430,725.00.

(Resource Person: Henri Prosperi – 4197 ext. 253) (Attachment #5 - 71 pages) (PR# 5365)

6(a). Development Review Process Improvement

To receive an update on the Development Review Process Improvement Project.

(Resource Person: Theodore L. Voorhees – 4222 ext. 231) (Attachment #6 – 4 pages) (PR# 5381)

6(b). This item can be found on the General Business Agenda.

7. Contract Amendment- Amend Contract with RTP Signs and Graphics

To authorize the City Manager to amend the contract with RTP Signs and Graphics to extend the term of the contract from October 1, 2008 to October 1, 2009; and

To authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #7 - 2 pages) (PR# 5352)

8. Use of Asset Forfeiture Funds to Procure Training and Equipment to Enhance Police Operations

To authorize the use of asset forfeiture funds in an amount not to exceed $727,000.00 to procure Training and Equipment to Enhance Police Operations:

1. Upgrade of the Department's in-car video program $370,000.00
2. Furniture for the District 2 Substation (Keller-Williams) $40,000.00
3. Audio visual eq. and furniture for the Com-Stat Room $150,000.00
4. Canine training contract $21,000.00
5. Additional training funds $40,000.00
6. Voice stress analysis equipment $11,000.00
7. Crime Prevention Initiatives $20,000.00
8. Five (5) sets of emergency vehicle equipment $20,000.00
9. Bar code inventory system $15,000.00
10. Ten (10) mobile radios $40,000.00


(Resource Person: Jesse Burwell – 4322) (Attachment #8 - 4 pages) (PR# 5367)

9. License Agreement with Abernathy Home Owners Association, Inc.

To authorize the City Manager to enter into a license agreement with Abernathy Home Owners Association, Inc. for installation of an irrigation system within Abernathy Drive; and

To authorize the City Manager to modify the agreement before execution provided that modifications do not increase the dollar amount of the agreement and the modifications are consistent with the general intent of the existing version of the agreement.

(Resource Persons: Edward R. Venable and Robert N. Joyner – 4326) (Attachment #9 - 4 pages) (PR# 5353)

12 – 21. These items can be found on the General Business Agenda – Public Hearings.

[General Business Agenda]

6(b). Development Review Process Improvement

To consider a change in procedure when considering land use cases requiring a Traffic Impact Analysis (TIA) whereby consideration of input from the North Carolina Department of Transportation (NCDOT) would no longer be a controlling factor in allowing a case to proceed through the rezoning process; and

To refer this matter to the Joint City County Planning Committee (JCCPC) for specific recommendations as to how this change in procedure should be carried out.

(Resource Person: Theodore L. Voorhees – 4222 ext. 231) (Attachment #6 – 4 pages) (PR# 5381)

[General Business Agenda – Public Hearings]

Assessments and Improvements


12. Ordering Improvement

To conduct a public hearing and receive public comments on the following proposed improvement; and

To adopt a resolution ordering the improvement:

a. Water Main on Ed Cook Road from Hickory Nut Drive to South Property Line of PIN 0739-02-79-0975

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #12 - 4 pages) (PR# 5346)

13. Mini Assessment Roll for Water and Sewer Laterals on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23

a. Property of Orville Frank Hinsdale

To find that the property of Orville Frank Hinsdale, identified as Edgerton Drive, vacant, PIN 0830-04-62-7470, has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy).

To find that the property of Orville Frank Hinsdale, identified as Edgerton Drive, vacant, PIN 0830-04-62-6349, has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy).

b. Property of Faye Hinesley

To find that the property of Faye Hinesley, identified as Edgerton Drive, vacant, PIN 0830-04-62-5451, has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy).

c. Property of Edgar Owen Allen (deceased)

To reconsider the water and sewer lateral assessments against the property of Edgar Owen Allen (deceased), identified as Edgerton Drive, vacant, PIN 0830-04-62-9305, and to find that the property has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy).

d. Property of Lorraine B. Green

To reconsider the water lateral assessment against the property of Lorraine B. Green, identified as 1911 Edgerton Drive, PIN 0830-04-62-8347, and to find that the property has not benefited from the water lateral improvement at this time and to relieve the assessment in the amount of $670.00, with the provision that a water lateral charge will be due and payable at the prevailing rate should the property connect to the water lateral (in accordance with City policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #13 - 1 page) (PR# 5347)

14. Mini Assessment Roll for Water Main on Edgerton Drive from Ed Cook Road to the West Property Line of Tax Map 566-3-23

a. Property of Faye Hinesley

To find that the property of Faye Hinesley, identified as Edgerton Drive, vacant, PIN 0830-04-62-5451, has not benefited from the water main improvement at this time and to relieve the assessment in the amount of $2,175.00, with the provision that a water frontage charge will be due and payable at the prevailing rate should the property connect to the water (in accordance with City policy).

b. Property of Orville Frank Hinsdale

To reconsider the assessment against the property of Orville Frank Hinsdale, identified as Edgerton Drive, vacant, PIN 0830-04-62-7470, and to find that the property has not benefited from the water main improvement at this time and to relieve the assessment in the amount of $362.50, with the provision that a water frontage charge will be due and payable at the prevailing rate should the property connect to the water (in accordance with City policy).

To reconsider the assessment against the property of Orville Frank Hinsdale, identified as Edgerton Drive, vacant, PIN 0830-04-62-6349, and to find that the property has not benefited from the water main improvement at this time and to relieve the assessment in the amount of $362.50, with the provision that a water frontage charge will be due and payable at the prevailing rate should the property connect to the water (in accordance with City policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #14 - 1 page) (PR# 5348)

15. Mini Assessment Roll for Water Main on Chalk Level Road from the East Property Line of Tax Map 298-1-5 to Shaftsbury Street

To reconsider the assessment against the property of Baeton C. Rigsbee, identified as 1001 Chalk Level Rd, PIN 0823-11-57-1483, and to find that the property has not benefited from the water main improvement and to relieve the assessment in full in the amount of $1,363.00 (in accordance with City policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #15 - 1 page) (PR# 5349)

16. Mini Assessment Roll for Water and Sewer Laterals on Chalk Level Road from Shaftsbury Street West to Stadium Drive

To reconsider the water and sewer lateral assessments against the property of Joe F. Berini Construction Co., Inc, identified as Chalk Level Rd, vacant, PIN 0823-10-47-6222; and

To find that the property has not benefited from the water and sewer lateral improvements at this time and to relieve the assessments in the amount of $670.00 and $1,100.00, respectively, with the provision that the applicable lateral charge will be due and payable at the prevailing rate should the property connect to either lateral (in accordance with City policy).

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #16 - 1 page) (PR# 5350)

17. Street Closing – A 69.58 Linear Foot Portion of Ramseur Street (SC0800002)

To conduct a public hearing on the permanent closing of a 69.58 linear foot portion of Ramseur Street; and

To adopt an Order permanently closing a 69.58 linear foot portion of Ramseur Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #17 – 11 pages) (PR# 5358)

18. Street Closing – A 501.05 Linear Foot #28 Alley between South Dillard Street and South Elizabeth Street (SC0800003)

To conduct a public hearing on the permanent closing of a 501.05 linear foot #28 Alley between South Dillard Street and South Elizabeth Street; and

To adopt an Order permanently closing a 501.05 linear foot #28 Alley between South Dillard Street and South Elizabeth Street. (Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #18 – 11 pages) (PR# 5359)

19. Street Closing –360.52 Linear Feet of East Peabody Street between South Dillard Street and South Elizabeth Street (SC0800004)

To conduct a public hearing on the permanent closing of 360.52 linear feet of East Peabody Street between South Dillard Street and South Elizabeth Street; and

To adopt an Order permanently closing 360.52 linear feet of East Peabody Street between South Dillard Street and South Elizabeth Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #19 – 11 pages) (PR# 5360)

20. Street Closing – 138.96 Feet of an Unnamed Alley between East Peabody Street and East Ramseur Street (SC0800005)

To conduct a public hearing on the permanent closing of 138.96 feet of an unnamed alley between East Peabody Street and East Ramseur Street; and

To adopt an Order permanently closing 138.96 feet of an unnamed alley between East Peabody Street and East Ramseur Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #20 – 11 pages) (PR# 5361)

21. Street Closing – A 105.74 Linear Foot Portion of South Dillard Street (SC0800009)

To conduct a public hearing on the permanent closing of a 105.74 linear foot portion of South Dillard Street; and

To adopt an Order permanently closing a 105.74 linear foot portion of South Dillard Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #21 – 11 pages) (PR# 5362)

[Adjournment]

Friday, August 29, 2008

TSF on the NC immigration fight, 9/10

Immigration and immigrant rights are becoming burning
questions in NC this year.  Alamance, Durham, Wake,
and other counties have joined the Federal 287g
program to give police immigration law enforcement
powers with the result that people are being deported
without committing any offense other than being
undocumented.  In one case the police might have found
out someone's status illegally.  Orange County is not
in the program, but people are being sent to Alamance
where they are deported.  Undocumented immigrant
students have been banned from the community colleges
(with the support of Bev Perdue, Kay Hagan, and
Republicans), even though allowing them to enroll is
perfectly legal.

The non-partisan Triangle Socialist Forum is
discussing what is going on, why, especially the
economic forces behind immigration and the reaction,
and some progressive responses Wednesday, September
10th at the Chapel Hill Public Library at 7pm.

Sunday, August 24, 2008

No votes for immigrant scapegoating politicians

Tema Okun of Durham wrote the letter below, to tell Bev Perdue and Kay Hagan that they are losing her vote because of their attacks on undocumented immigrants, especially regarding admission (as out-of-state students) to the community colleges, and other people are welcome to co-sign (email temaokun at earthlink dot net).  The first letter had 51 signatures within a day and there are at least 10 that I know of for a second mailing.  I heard about this on a listserve.  Tema also had a guest editorial in the News & Observer Friday.  
 
The community college issue is exactly the kind of thing I am talking about when I say the capitalist politicians are scapegoating undocumented immigrants and trying to divide and rule.  They want to divide us over resources, like seats in the community colleges.  There were few undocumented immigrant students, they paid more than their share for that education, and educating people in the community benefits everyone, whether the students are citizens or not, not to mention that allowing undocumented immigrants to enroll is legal and access education is a human right if I'm not mistaken.  Instead of kicking out a few undocumented students, why not demand that the community colleges be better funded and that the Federal government stop causing mass immigration through its trade, military, and immigration policies?  
 
The capitalists like exploiting the cheap and less legally protected labor of authorized and unauthorized immigrants and they use xenophobia to divide workers.  Some of the capitalists are openly for immigrant labor while others use it but want the working people of the US to hate undocumented immigrants, so the immigrants and native workers can be more easily manipulated and played off against each other, and some might be genuinely against immigration, but we all depend on that labor now and probably benefit from lower prices and higher tax revenues. If immigration is a problem for native workers, as studies suggest it might be for workers with only high school education, it is business and its politicians, not the immigrants who are at fault. It is obvious which factions the politicians and media represent, very few representing the interest of the working class, after people realize who is really threatening their livelihoods.  
 
At the BORDC meeting Saturday, one of the main ideas was that the community college administration needs to hear from people who oppose the ban, and that physical letters might be more effective than emails.  I intend to write letters.  Contact information can be found at ncccs.cc.nc.us.  The next meeting will probably be at one of the libraries at 3pm on Saturday, September 20th.       
 
 

To:                 N.C. Democratic Party and

                        Campaigns of Kay Hagan and Beverly Perdue

 

From:              Concerned North Carolinians

 

            We are writing to let you know that those of us signing this letter will not be voting for nor giving money to any Democratic candidate who includes in their platform the intention to target "illegal" immigrants.

 

            The campaign ads of Beverly Perdue, Kay Hagan, and the N.C. Democratic Party have all made a point of your commitment to targeting this population. Perdue, in her zeal to join the anti-immigrant bandwagon, has been a leader in the recent decision by the N.C. Community College system to ban admission for undocumented immigrants in spite of advice that such a ban is neither legally required nor wise.

 

            In your role as state leaders, you argue that your stand against "illegal" immigration is based on your respect for the law, failing to point out you (and we) make the law. Someone deemed "illegal" today can easily become "legal" tomorrow; in fact we have made this shift many times. History has not been kind to those who proclaimed the virtue of following immoral laws – we look back on the Trail of Tears, Jim Crow, Japanese internment, to name just a few, with a sense of shame and disbelief. That these government-supported acts were based on lawful policies at the time they were implemented does not make them any less dishonorable.

 

            It is easy to be a leader who preys on the conditioned racism of communities who have been well taught to fear those who are different and, acting out of that fear, then target the most vulnerable among us. A politics of fear has no future in the global community we are becoming. We wish for a Democratic Party, any party, and leaders with the courage to help us envision a country, a world, where we are guided by the understanding that we are all human, we are all in this together.

 

Saturday, August 23, 2008

BOCC meeting Monday

There is not a lot on the agenda for Monday's meeting.  The most controversial and main item seems to be the discussion of animal tethering laws (the Independent covered this last week and there have been letters to the Herald-Sun).
 
[Please contact the Clerk to the Board at (919) 560-0025 for information related to items on the agenda.]


REVISED
(Deleted Consent Agenda Item No. 7k and Agenda Item No. 9)
 
THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
 
Monday, August 25, 2008

 

County Commissioners' Chambers
200 East Main Street, Durham, North Carolina

AGENDA

"Public Charge"
 
The Board of Commissioners asks its members and citizens to conduct themselves in a respectful, courteous manner, both with the Board and fellow citizens.  At any time, should any member of the Board or any citizen fail to observe this public charge, the Chairman will ask the offending person to leave the meeting until that individual regains personal control.  Should decorum fail to be restored, the Chairman will recess the meeting until such time that a genuine commitment to the public charge is observed.
 
As a courtesy to others, please turn off cell phones during the meeting.
_________________________
 
7:00 P.M. Regular Session
 
1.     Opening of Regular Session—Pledge of Allegiance                                                                    5 min.
 
2.     Agenda Adjustments                                                                                                                   5 min.
 
3.     Announcements                                                                                                                           5 min.
 
The Durham County Women's Equality Day Commemoration Ceremony sponsored by the Durham County Women's Commission will be held on Tuesday, August 26 at 5:30 p.m. in the Durham County Government Administrative Complex (Old Courthouse) on Main Street.  A light reception will be held to recognize select nominees in acknowledgement and appreciation for paving the way for all women to assume leadership roles and positions—politically, socially, and economically.
4.     Minutes
                                                                                                                                                       5 min.
a.       August 4, 2008 Worksession
b.   August 11, 2008 Regular Session
 
5.     Recognition of Retiring Chief Deputy C. Wes Crabtree
                                                                                                                                                       5 min.
The Board of County Commissioners is requested to recognize Chief Deputy C. Wes Crabtree as he prepares to retire from a successful and noteworthy career with Durham County Government.  A resolution has been prepared and will be presented by the Board of County Commissioners.
 
Sheriff Worth Hill will also make a special presentation to Chief Deputy Crabtree.
 
Resource Person(s): Vice Chairman Michael D. Page
 
County Manager's Recommendation: The Manager's recommendation is that the Board present the resolution honoring C. Wes Crabtree for an outstanding career in law enforcement in Durham County and wish him well in his retirement.
 
6.     Proclamation of September as Alcohol and Drug Addiction Recovery Month in Durham County
                                                                                                                                                       5 min.
Approve the proclamation.
 
Resource Person(s): Ellen Holliman, Area Director, The Durham Center
 
County Manager's Recommendation: The Manager recommends that the proclamation be approved.
 
7.     Consent Agenda
                                                                                                                                                     20 min.
a.   Property Tax Releases and Refunds for Fiscal Year 2008-2009 (accept the property tax release and refund report for July 2008 as presented and authorize the Tax Assessor to adjust the tax records as outlined by the report);
b.   Budget Ordinance Amendment No. 09BCC000005—Cooperative Extension (appropriate $34,468 in funding from Durham's Partnership for Children—A Smart Start Initiative—to support the implementation of a second year of The Incredible Years: BASIC Parent Training Program and approve .25 FTE staff person to facilitate the Incredible Years Curriculum);
c.   Budget Ordinance Amendment No. 09BCC000006—Cooperative Extension—Recognize $11,970 in Grant Funding from Durham's Partnership for Children; A Smart Start Initiative—To Support the Implementation of B.A.B.Y (Birth and Beginning Years) Family Literacy Curriculum; approve the increased hours of the part-time parent educator from .53 to .63 FTE through June 30, 2009;
d.  Budget Ordinance Amendment No. 09BCC000007—Public Health—Recognize $15,044 in One-Time Supplemental Funds from the N.C. Department of Health and Human Services for operational expenses for the Syphilis Elimination Program in the Division of Health Education;
e.   Budget Ordinance Amendment No. 09BCC000008—Public Health—Recognize $15,000 in One-Time Funding from the N.C. Department of Health and Human Services, Division of Public Health, to Improve the Delivery of Essential Public Health Services by creating earned media (TV, radio, magazine) on prevention/health issues;
f.    Capital Project Amendment No. 09CPA000002–Appropriation of 2008 Issued General Obligation Bonds, County Contribution Funds to Various Capital Projects, and Movement of Funds Between Two Durham Public School Projects (appropriate $79,070,128 in 2007 voter-approved General Obligation Bond funds, $550,000 in county contribution to various capital projects, and move $3,950,000 of 2008
Two-Thirds General Obligation Bond funds from the DPS bond management project 2003 to a new DPS land acquisition project 2008;
g.   Capital Project Amendment No. 09CPA00003–Durham Public Schools—Adjustments to 2003 General Obligation Bond Capital Project Budgets (transfer $500,000 of 2003 General Obligation Bond funds from the W.G. Pearson Elementary School project to the Morehead Elementary School project [$400,000] and the Lakeview Elementary School project [$100,000]);
h.   Ambulance Purchase (authorize the Manager to enter into a contract with Southeastern Specialty Vehicles in the amount of $99,574 for the purchase of an emergency medical vehicle for Durham County EMS);
i.    Approval of Work First Plan Status (approve the recommendation of the Work First Planning Committee to designate Durham County as a Standard County for the 2009-2011 planning period);
j.    Downtown Durham Inc.—Contract Approval (authorize the Manager to enter into a contract with Downtown Durham Inc. in the amount of $60,000 to perform the functions of economic development in the downtown area);
k.   EMS Automation System—Amend Contract with SunGard Public Sector Inc. (authorize the Manager to enter into a service contract with SunGuard in the amount of $78,150.25 for completion of the EMS Automation Project); and
l.    Initial Prepared Food Tax Projects (approve the proposed slate of projects pursuant to approval of the Prepared Food Tax by the voters on November 4, 2008, and the subsequent imposition of the tax by the Board of County Commissioners);
 
8.     Public Hearing on the Concept of Animal Tethering
                                                                                                                                                     60 min.
Conduct a public hearing on the "Concept of Animal Tethering." 
 
At the Board of County Commissioners' August 4, 2008 Worksession, Amanda Arrington, Chairman of the Durham County Animal Control Advisory Committee (ACAC), recommended an amendment to the current Animal Control Ordinance concerning animal tethering restrictions.
 
Since September of 2006, the ACAC has held multiple meetings, collected statistics, and interviewed experts in the animal welfare profession.  Members on the committee were Patty Croom, Susan Teer, Jenny Nichols, Vickie White, Carol Charping, Kim O'Neil, Martha Ann Traylor, Evelyn Nicholson, Dr. Joyce McKinney, Carol Hammett,
Kathy-Everett-Perry, Marie Inserra, Jan Paul, Beth Livingston, Cindy Bailey, and Jennifer Brehler.
 
Recommended changes to the ordinance include: a definition for animal tethering, minimum fencing requirements, tethering exceptions and attended tethering that does not cause unjustified pain, and suffering to animals. 
 
The final draft of the proposed amendment will be subject to review and revision by the County Attorney's Office.
 
Resource Person(s): Michael Turner, Director of General Services; Amanda Arrington, Chairperson for the Durham County Animal Control Advisory Committee; and Cindy Bailey, Animal Control Administrator
 
County Manager's Recommendation: Hold a public hearing on the Concept of Tethering and provide direction to staff.
 
9.     Public Hearing—Unified Development Ordinance (UDO) Text Change—IL/Compact Height (TC0800001)
                                                                                                                                                     10 min.
Receive public comments on Text Change – IL/Compact Height (TC0800001) and adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 6, District Intensity Standards.
 
Resource Person(s): Steven L. Medlin, AICP, City-County Planning Director; and Julia Mullen, Planner
 
County Manager's Recommendation: The Manager recommends that the Board conduct a public hearing on the proposed UDO text change and, if appropriate based on the comments received during the hearing, approve the change.
 
10.  Public Hearing on Coordinated Transportation: FY 2008-2009 Rural Operating Assistance Program (ROAP) Grant—Application Approval
                                                                                                                                                     15 min.
The Cooperative Extension Service is requesting Board approval of the Rural Operating Assistance Program (ROAP) grant to be submitted to the North Carolina Department of Transportation (NCDOT).  The ROAP grant consolidates the Elderly and Disabled Transportation Assistance Program (EDTAP), Rural General Public Program (RGP) and the Work First/Employment Program into a single application package.  EDTAP provides for assistance in the transportation of the elderly and disabled.  Work First/Employment Program is intended to provide operating assistance for transitional Work First.  The Rural General Public funds will be used to supplement existing routes that currently serve the county.
 
Letters were sent requesting input into the application in June 2008 to over 30 Human Service and non-profit agencies.  A Public Hearing Notice was published in
The Herald-Sun in July 2008.  Letters were translated into Spanish and sent to the Latino and other limited English proficiency communities.
 
The application proposes $95,653 of governmental revenue to be allocated to Support Coordinated Transportation for Durham County Elderly and Disabled residents, through the Elderly and Disabled Transportation Assistance Program (EDTAP), and $11,065 for Work First Transitional/Employment.  These funds require no local match.  The $95,245 represents an increase of $408 from last year's allocation.
 
The $43,508 allocated for Rural General Public Transportation (RGP) requires a 10% local match.  The majority of the local match is recouped through fares and the remaining match has been budgeted.  These programs help support the transportation needs of citizens residing in the County.  The program is administered by Cooperative Extension Coordinated Transportation.
 
The NCDOT annually allocates funds for EDTAP, RGP, and Work First.  Durham County will receive $150,226 for FY 2008-2009.
 
EDTAP Funds shall be used to provide services for the noted agencies:
 
Council of Senior Citizens
Dept. of Social Services (Adult)
Durham Exchange Club Industries
Retired and Senior Volunteer Program
Services for the Blind
Durham Parks and Recreation
The ARC of Durham
 
Additionally Durham County is applying for the maximum amount of supplemental ROAP funding from NCDOT.
 
·      EDTAP           $56,162
·      Work First       $8,851
·      RGP                $22,818
 
The $22,818 for Rural General Public Transportation (RGP) requires a 10% local match.  The majority of the local match is recouped through fares, and the remaining match has been budgeted.  These funds will be used for expanded service.
 
Durham County is applying for a total of $87,831 in supplemental ROAP funds for
FY 2008-2009.
 
Resource Person(s): Delphine Sellars, Cooperative Extension Director, and Johnny Ford, Transportation Access Coordinator
 
County Manager's Recommendation: Approval of the ROAP application for submittal to NCDOT.
 
                                                                                                                                                    _________
                                                                                                                                                  2 hrs.  5 min.

Thursday, August 21, 2008

Immigrant rights events this week

What's happening to immigrants? 
 
The Orange County BORDC is hosting a discussion with Rebecca Headen, the ACLU-NC Racial Justice Project Coordinator, Thursday at 7pm at the Chapel Hill Public Library (100 Library Dr., off of Estes Drive, west of the intersection with East Franklin Street). 
 
The Durham BORDC is meeting again to discuss strategy to protect the rights of immigrants, this Saturday at 3pm at El Centro Hispano (201 West Main Street). 
 
A letter is being circulated, declaring that the signers will not vote for any politician running on an anti-immigrant platform, specifically Democratic candidates Bev Perdue and Kay Hagan, but I will post about that later in the week. 
 
On a different issue, Stop Torture Now is meeting for the month in Raleigh September 7th and the next anti-torture vigil will be on the 13th near the Aero hangar, at the same time as an open house of some kind at the Johnston County Airport. 

Sunday, August 17, 2008

USA to Russia: Do as I say, not as I do

It's amazing to hear the level of shamelessness from capitalist politicians and media about poor "democratic" Georgia's sovereignty being violated by Russian imperialism, and how imperialism and territorial aggrandizement are allegedly old-fashioned and Soviet behaviors (revisionist Soviet maybe).  This despite the fact that the US invaded Afghanistan and toppled the Taliban government, invaded sovereign Iraq and toppled the Baathists, and is still controlling both of countries.  The US also fought Yugoslavia to create a protectorate in Kosova under Clinton and Bush, using the legitimate national aspirations of the Kosovar Albanians.  And the US supports Israel's seizure of territories from 3 Arab nations and Israel's invasion of Lebanon.  A US-fomented coup toppled the Haitian government, and the US tried to topple the Venezuelan government in recent years, not to mention its role in Gaza, Belarus, Zimbabwe, Myanmar, Tibet, and other countries.   
 
The USA and Russia are both brutal imperialists.  Georgia, a US and EU ally with a major pipeline route, thought it could re-occupy South Ossetia, possibly with US incitement.  Russia used this as an excuse to invade Georgia, for its own imperialist objectives.  The Ossetians and Abkhazians might be nations and therefore deserving of self-determination, and for now Russia is defending them as part of its imperialist policy, but it thinks nothing of attacking the Chechens.  
 
Georgia shows yet again what happens when a country relies on imperialists and becomes their pawn.  At least those in the US who want to start World War III over Georgia are not in control, and most imperialists only want a diplomatic offensive, for now.  I can't believe Georgia expected the US to risk war with Russia.  Progressive Americans should oppose American imperialism in Georgia, but also not think Russian imperialism is any better, and Russians should oppose their imperialism.  The international working class gains nothing from supporting either imperialist in their struggle for domination.     

City Council meeting Monday

There are a lot of zoning hearings on the agenda, changes to the Unified Development Ordinance regarding "conservation subdivisions," the Environmental Affairs Board report on the NBAF, and several contracts and citizen appointments to boards.  The original agenda is online at www.durhamnc.gov/agendas/2008/cm_081808.cfm.
 

The Mayor calls the meeting to order at 7:00 pm

Call To Order

Moment Of Silent Meditation

Pledge Of Allegiance

Roll Call

Ceremonial Items

Announcements By Council

Priority Items By The City Manager, City Attorney And City Clerk

[Consent Agenda]

1. Workforce Development Board - Receipt and Acceptance of an Application and Appointment

To receive and accept an application and to appoint Michael Johnston Goodmon to the Workforce Development Board to represent Private Sector as recommended by the Durham Chamber of Commerce with the term to expire on June 30, 2010.
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #1 - 3 pages) (PR# 5265)

2. Passenger Vehicle for Hire Commission - Reappointment

To reappoint Hatim M. Elzubair to the Passenger Vehicle for Hire Commission with the term to expire on January 1, 2010.

Note: At the Work Session On August 7, 2008, Mr. Elzubair Received Seven (7) Votes.

(Due to the term expiring of Hatim M. Elzubair)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 4 pages) (PR# 5331)

3. Recreation Advisory Commission - Reappointments

To reappoint Don Moushon, Umar Muhammad and Linwood Webster to the Recreation Advisory Commission with terms to expire on August 8, 2011.

Note: At the Work Session on August 7, 2008, Mr. Moushon received six (6) votes and Mr. Muhammad and Mr. Webster received seven (7) votes.

(Due to the terms expiring of Dan Moushon, Umar Muhammad and Linwood Webster)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 10 pages) (PR# 5332)

4. Citizens Advisory Committee - Appointments

To appoint Robert Buchanan (term expires June 30, 2011), Clarisa Laverne Grady (term expires June 30, 2010) and SaDonna Wiggins (term expires June 30, 2010) to the Citizens Advisory Committee.

Note: At the Work Session on August 7, 2008, Mr. Buchanan, Ms. Grady and Ms. Wiggins received seven (7) votes.

(Due to vacancies)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 11 pages) (PR# 5334)

5. Durham Area Transit Authority - Appointment

To appoint Arylla "Patrice" Proctor to the Durham Area Transit Authority as an Alternate Member with the term to expire on March 1, 2009.

Note: At the Work Session on August 7, 2008, Ms. Proctor received six (6) votes.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 5 pages) (PR# 5335)

6. Mayor's Nominee for Appointment - Recreation Advisory Commission

To appoint Omar S. Beasley as Mayor's appointee to the Recreation Advisory Commission with the term to expire on August 8, 2009.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 2 pages) (PR# 5336)

7. Durham Civic Center Authority - Appointment

To appoint Rosemarie Kitchin to the Durham Civic Center with the term to expire on July 31, 2011.

Note: At the Work Session on August 7, 2008, Ms. Kitchin received seven (7) votes.

(Due to the term expiring of George Stanziale, Jr.)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 3 pages) (PR# 5337)

8. Citizens Advisory Committee - Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Citizens Advisory Committee with the term to expire on June 30, 2011.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #8 - 3 pages) (PR# 5340)

9. Street Closing - A 105.10 Linear Foot Unnamed Alley off East Club Boulevard (SC0800011)

To adopt a Resolution to set a public hearing on the proposed closing of a 105.10 linear foot unnamed alley off East Club Boulevard for September 15, 2008.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #9 - 5 pages) (PR# 5278)

10. Street Closing - A 0.111 Acre Portion Of Watkins Road (SC07-05)

To adopt a Resolution to set a public hearing on the proposed closing of a 0.111 acre portion of Watkins Road for September 15, 2008.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #10 – 7 pages) (PR# 5326)

11. Setting Public Hearing to Consider Ordering Improvement Under Enabling Act Authority

To adopt a Resolution setting a public hearing for September 2, 2008, for a Water Main on Ed Cook Road from Hickory Nut Drive to South Property Line of PIN 0739-02-79-0975.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #11 - 3 pages) (PR# 5283)

12. Setting Public Hearing to Consider Ordering Petitioned Improvement

To accept a Certificate of Sufficiency from the Manager of Engineering and Stormwater for the following petition; and

To adopt a resolution setting a public hearing for September 2, 2008, to consider ordering the following improvement:

Water Main on Stallings Road from Mineral Springs Road to South Property Line of PIN 0851-02-98-0871

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #12 - 2 pages) (PR# 5284)

13. Mortgage Loan Servicing Contract

To authorize the expenditure of Bond funds in an amount not to exceed $320,000.00 to AmeriNational Community Services, Inc. for loan servicing;

To approve the review committee's recommendation to select AmeriNational Community Services, Inc. as the DCD's servicing agent;

To authorize the City Manager to execute a Service Agreement with AmeriNational Community Services, Inc. for mortgage loan servicing; and

To authorize the City Manager to make changes to the contract that do not increase the contract amount, lessen the contractor's duties, or extend the term beyond October 31, 2011; and

To adopt an Ordinance Amending the General Capital Improvement Project Ordinance, Fiscal Year 2009, as amended, the same being Ordinance 13632 for the purpose of a service agreement and no change in the total appropriations and revenues.

(Resource Person: Julie Quinn – 4570 ext. 248) (Attachment #13 – 32 pages) (PR# 5315)

14. State Treasurer's Local Government Other Post Employment Benefits (OPEB) Fund

To adopt a Resolution Authorizing the Establishment of an Investment Account and Short Term Investment Fund (STIF) through the State Treasurer and the execution of the State Treasurer's Contribution Agreement.

(Resource Person: John J. Allore – 1330) (Attachment #14 - 9 pages) (PR# 5311)

15. Contract for Installation of Traffic Signal with Mast Arms at Broad Street at Stadium Drive

To authorize the City Manager to execute a contract with Fulcher Electric of Fayetteville, Inc. in the amount of $106,283.50 for the installation of a traffic signal with mast arms at Broad Street at Stadium Drive;

To establish a project contingency fund in the amount of $10,628.35; and

To authorize the City Manager to negotiate change orders to the project provided the cost of all change orders does not exceed $10,628.35 and the total project cost does not exceed $116,911.85.

(Resource Person: Pete Nicholas – 4366) (Attachment #15 - 3 pages) (PR# 5310)

16. Supplemental Agreement No. 3 for the Removal and Replacement of the Existing Pedestrian Bridge Crossing over the Durham Freeway (NC 147) at Alston Avenue Project U

To authorize the City Manager to execute a Supplemental Agreement No. 3 between the North Carolina Department of Transportation (NCDOT) and the City of Durham to amend North Carolina Department of Transportation Agreement U-4445 providing a 20% match or $200,000.00 for the Direct Attributable funds authorized.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #16 - 7 pages) (PR# 5312)

17. Water and Sewer Extension Agreement with Perimeter Developers, LLC

To authorize the City Manager to enter into a water and sewer extension agreement with Perimeter Developers, LLC to serve Claremont acres; and

To authorize the City Manager to modify the contract prior to execution provided that such modifications do not increase the dollar amount of the contract and do not significantly decrease the obligations of the contractor.

(Resource Persons: Edward R. Venable and Robert N. Joyner – 4326) (Attachment #17 - 10 pages) (PR# 5319)

19. Professional Services Agreement for the Design and Construction Administration of the American Tobacco Trail Phase E

To authorize the City Manager to execute a Supplemental On-Call Agreement with PB Americas, Incorporated in an amount not to exceed $1,650,000.00 for the Design and Construction Administration of the American Tobacco Trail Phase E; and

To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the agreement.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #19 – 2 pages) (PR# 5351)

20. Contract SR-49 Cured-In-Place (CIPP) Installation and Manhole Rehabilitation

To authorize the City Manager to execute a contract with Insituform Technologies, Inc. for construction services for the SR-49, CIPP Installation and Manhole Rehabilitation Project in the amount not to exceed 2,685,400.00;

To establish a contingency fund for the contract in the amount not to exceed $537,080.00;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed 537,080.00, and the total project cost of $3,222,480.00; and

To authorize the City Manager to modify the contract before execution, provided the modifications do not increase the dollar amount of the contract and is consistent with the general intent of the version of the Contract approved by City Council.

(Resource Person: James E. Harding – 4326 ext. 260) (Attachment #20 - 3 pages) (PR# 5318)

23 – 34. These items can be found on the General Business Agenda – Public Hearings.

[General Business Agenda – Public Hearings]

Assessments and Improvements

23. Mini Assessment Roll for Curb, Gutter and Paving on Castlerock Drive from NC Hwy 55 to End of Cul-De-Sac

To find that the property of Shelton C. and Shirley T. Herbin, Jr., identified as 112 Castlerock Drivie, PIN 0739-01-37-8400, has benefited from the curb, gutter and paving improvement and to confirm the assessment in the original amount of $2,000.00.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #23 - 1 page) (PR# 5288)

24. Continued Public Hearing for Annexation of the Doc Nichols Property

To conduct a public hearing and receive citizens' comments concerning the annexation of the following Voluntary Annexation Area:

a) FY2007-13 Doc Nichols

To adopt "An Ordinance Annexing to the City of Durham" of the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-58; and

To authorize the City Manager to half base contract with Bethesda Volunteer Fire Department.

The above petition would be effective from and after September 30, 2008.

(Resource Persons: Bertha Johnson and Robin Bibby – 4111) (Attachment #24 - 10 pages) (PR# 5338)

25. Public Hearing on the Proposed Minimum Nonresidential Building Code and Recent Modification of Minimum Housing Code

To conduct a public hearing and receive public comments on the proposed Minimum Nonresidential Building Code and the recent amendments to the Minimum Housing Code;

To adopt the New Minimum Nonresidential Building Code; and

To readopt the Amendments to the Minimum Housing Code.

(Resource Person: C. Renee Caldwell – 4570) (Attachment #25 - 30 pages) (PR# 5343)

26. Transportation Special Use Permit – Kestrel Heights Charter School (T07-01)

To hold a quasi-judicial public hearing to consider a Transportation Special Use Permit for a development proposed to generate over 600 peak hour trips; and

To direct the Planning Director to prepare an Order for adoption, for 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)

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #26 - 40 pages) (PR# 5279)

27. Initial Zoning Map Change – Ravenstone Phase 3 Initial (Z06-62A)

To conduct a public hearing and receive public comments on the initial zoning map change for Ravenstone Phase 3 Initial (Z06-62A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Suburban – 10 with a development plan (RS-10(D)); Falls/Jordan B Watershed Overlay (F/J-B) zoning for the property described in the attached staff report; and

To adopt as support for its action on the proposed zoning map change the determinations that the action is consistent with the Comprehensive Plan and is reasonable and in the public interest given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.

Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.

Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report.

[The site is located on the west side of English Ivy Drive and east of Hiddenbrook Drive PINs 0860-01-15-1405, -16-2188]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #27 - 12 pages) (PR# 5292)

28. Initial Zoning Map Change – Duke School Initial (Z0800017A)

To conduct a public hearing and receive public comments on the initial zoning map change for Duke School Initial (Z0800017A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Rural (RR) zoning for the property described in the attached staff report; and

To adopt as support for its action on the proposed zoning map change the determinations that the action is consistent with the Comprehensive Plan and is reasonable and in the public interest given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.

Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.

Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report.

[The site is located on the north side of Erwin Road and west of NC 751 Drive PIN 0801-01-99-5059]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #28 - 9 pages) (PR# 5294)

29. Initial Zoning Map Change – Currin Oaks Initial (Z0800018A)

To conduct a public hearing and receive public comments on the initial zoning map change for Currin Oaks Initial (Z0800018A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Rural (RR)and Planned Development Residential 1.630 (PDR 1.630); Falls/Jordan B Watershed Overlay (F/J-B) zoning for the property described in the attached staff report; and

To adopt as support for its action on the proposed zoning map change the determinations that the action is consistent with the Comprehensive Plan and is reasonable and in the public interest given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.

Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.

Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report.

[The site is located on the east side of Stallings Road and north of Oak Grove Parkway PINs 0861-03-02-4736, -5630, -5571, -6412, -6362, -7190, -7211, -03-3063]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #29 - 9 pages) (PR# 5295)

30. Initial Zoning Map Change – Biggerstaff & Crawley Initial (Z0800023A)

To conduct a public hearing and receive public comments on the initial zoning map change for Biggerstaff & Crawley Initial (Z0800023A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Commercial General (CG) and Residential Suburban – 20 (RS-20); Falls/Jordan B Watershed Overlay (F/J-B) zoning for the property described in the attached staff report; and

To adopt as support for its action on the proposed zoning map change the determinations that, even though the action is not consistent with the Comprehensive Plan, it is reasonable and in the public interest given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.

Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.

Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report.

[The site is located on the west side of South Miami Boulevard and east of Angier Avenue PINs 0840-04-62-8419, -8339]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #30 - 10 pages) (PR# 5298)

31. Zoning Map Change – Cruz Property Initial (Z0800019A)

To conduct a public hearing and receive public comments on the initial zoning map change for Cruz Property Initial (Z0800019A);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Suburban – 20 (RS-20); Falls/Jordan B Watershed Overlay (F/J-B) zoning for the property described in the attached staff report; and

To adopt as support for its action on the proposed zoning map change the determinations that, although the action is not consistent with the Comprehensive Plan, it is reasonable and in the public interest given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.

Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.

Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report.

[The site is located on the north side of Pleasant Drive and west of South Mineral Springs Road PIN 0840-02-87-5733]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #31 - 9 pages) (PR# 5296)

32. Zoning Map Change – LMHT Building Expansion (Z0800008)

To conduct a public hearing and receive public comments on the zoning map change for LMHT Building Expansion (Z0800008);

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, by taking the described property in zoning map change case Z0800008 out of RS-10 and IL; F/J-B (partial) and placing same in and establishing same as OI(D); F/J-B (partial); and

To adopt as support for its action on the proposed zoning map change the determinations that the action is consistent with the Comprehensive Plan, and is reasonable and in the public interest in light of information presented in the public hearing and in the accompanying agenda materials; or

Alternatively, in the event that a motion to approve the item fails, the Council adopts as support for its action on the proposed zoning map change the determination that, notwithstanding its consistency with the Comprehensive Plan, the request is neither reasonable nor in the public interest in light of information presented in the public hearing and in the accompanying agenda materials.

Staff Recommendation: Approval, based on consistency with the Comprehensive Plan, and considering the information contained in this report.

Planning Commission Recommendation and Vote: Approval, 10-2 on June 10, 2008. The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. The Commission believes the request is reasonable and in the public interest and recommends approval based on the information in the staff report, comments received during the public hearing and additional committed elements proffered by the applicant at the meeting.

[The site is located on the south side of Carpenter Fletcher Road, west of North Bend Drive and north of Meridian Parkway. PINs: 0728-02-98-4941, -6009]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #32 - 23 pages) (PR# 5301)

33. Ninth Street Plan

To conduct a public hearing and receive public comments on the Ninth Street Plan; and

To adopt the Ninth Street Plan.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #33 - 61 pages) (PR# 5323)

34. Unified Development Ordinance (UDO) Text Amendment – Conservation Subdivisions (TC07-19)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Conservation Subdivisions (TC07-19); and

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 3, Applications and Permits, Article 6, District Intensity Standards, Article 7, Design Standards, and Article 8, Environmental Protection.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #34 - 24 pages) (PR# 5303)

[Supplimental Agenda]

39. The Environmental Affairs Board's Report on the Proposed National Bio- and Agro- Defense Facility

To receive the Durham Environmental Affairs Board (EAB) Report on the proposed National Bio and Agro-Defense Facility (NBAF).

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #39 - 68 pages) (PR# 5375)

[Adjournment]

Sunday, August 10, 2008

BOCC meeting Monday

Below is the agenda for Monday, or see www.co.durham.nc.us/departments/bocc/Agendas/Current_Meeting_Agen.html for the latest updates.  There isn't too much on the agenda.  Apparently Durham County does not recognize International Women's Day, which I think is March 8th, instead having Durham Women's Equality Day on August 26th.  There are items about the NBAF, the next session of the General Assembly, and a modification to the Unified Development Ordinance.  I can see how the NBAF might be necessary somewhere, but from what I have read it sounds like it would be dangerous to have it here, not very useful to Durham economically, and the Department of Homeland Security is not trustworthy, so I am not for building it here.  
 
   [Please contact the Clerk to the Board at (919) 560-0025 for information related to items on the agenda.]

Revised

(See Item No. 8)

 

THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

 

Monday, August 11, 2008


County Commissioners' Chambers

200 East Main Street, Durham, North Carolina

AGENDA

"Public Charge"

 

The Board of Commissioners asks its members and citizens to conduct themselves in a respectful, courteous manner, both with the Board and fellow citizens.  At any time, should any member of the Board or any citizen fail to observe this public charge, the Chairman will ask the offending person to leave the meeting until that individual regains personal control.  Should decorum fail to be restored, the Chairman will recess the meeting until such time that a genuine commitment to the public charge is observed.

 

As a courtesy to others, please turn off cell phones during the meeting.

_________________________

 

7:00 P.M. Regular Session

 

1.     Opening of Regular Session—Pledge of Allegiance                                                                    5 min.

 

2.     Agenda Adjustments                                                                                                                   5 min.

 

3.     Announcements                                                                                                                           5 min.

 

On August 25 at 7:00 p.m., the Board of County Commissioners will hold a public hearing on the "Concept of Animal Tethering".  The Durham County Animal Control Advisory Committee (ACAC) is recommending an amendment to the current Animal Control Ordinance concerning animal tethering restrictions.  Copies of the proposed changes are available in the Clerk to the Board's office.

 

4.     Minutes

                                                                                                                                                       5 min.

July 28, 2008 Regular Session

 

5.    Recognition of High School Students Participation in the 2008 "Student Construction Training Program" with Durham Affordable Housing Coalition

                                                                                                                                                       5 min.

The Board of County Commissioners is requested to recognize participants of Durham Affordable Housing Coalition's "Student Construction Training Program".  Mr. George Digsby, local contractor who teaches carpentry at Southern High School, trained students in real-life carpentry skills.  The work was done for several disabled homeowners during spring and summer breaks.

 

Ten students gained significant work experience in addition to carpentry skills over the period.  Homeowners in Northeast Central Durham and Birchwood Heights received new ramps, handrails, and new porches as a result of the project.

 

Participants included:

Nicolas Isaac, Southern High School                  Lucas Ornelas, Southern High School

Daniel Rodriguez, Southern High School           Jonathan Carroll, Southern High School

Frederick Spain, New Horizons School              Messiah Gattis, Southern High School

Matthew Starks, New Horizons School              Daniel Hinton, New Horizons School

Mark Warren, Hillside High School                    Langston Hines, Southern High School

 

Resource Person(s): Vice-Chairman Michael D. Page.

 

County Manager's Recommendation: The Manager's recommendation is that the Board congratulate all of the participants of the 2008 Student Construction Training Program.

 

6.     Proclamation for Women's Equality Day 2008

                                                                                                                                                       5 min.

August 26, 2008 has been declared Women's Equality Day in Durham County.  Women of Durham County will gather under the guidance of Durham County Women's Commission to recognize contributions made by women of Durham, North Carolina. 

 

A light reception will take place on the specified day of celebration to recognize select nominees in acknowledgement and appreciation for paving the way for all women to assume leadership roles and positions, politically, socially, and economically.

 

County Manager's Recommendation: Approve the proclamation and present to
Mrs. Yvonne Dunlap or Mrs. Kimberly Monroe.

 

7.     Consent Agenda

                                                                                                                                                     15 min.

a.   Receive the 2007 Annual Report of Durham Open Space and Trails (DOST) Commission;

b.   Retirement and Disposal of Law Enforcement Surplus Property (approve the resolution);

c.   Renewal of the Memorandum of Agreement between Durham County, the City of Durham, and Triangle United Way to Implement the 10 Year Plan to End Homelessness (approve the one year renewal of the memorandum of agreement);

d.   Budget Ordinance Amendment No. 09BCC000003—Cooperative Extension—Horticultural Community Conservation Assistance Program Funds (appropriate $2,225 for the purpose of addressing non-point source pollution control from residential, suburban, and urban activities);

e.   Budget Ordinance Amendment No. 09BCC000004—Cooperative Extension—4-H Youth Grant to Reduce Substance Abuse among Youth (appropriate $18,000 for the purpose of increasing the involvement of youth in the planning and implementation of alcohol and substance abuse prevention programming); and

f.    Liability Claims and Subrogation Recovery for FY 07-08 (receive the report of Risk Management).

 

8.    Consideration of Findings from the Environmental Affairs Board, the Durham County Health Department, and the Durham County Department of Emergency Management relative to the Proposed Location of the National Bio and
Agro-Defense Facility (NBAF) in Granville County

                                                                                                                                                     90 min.

       The U.S. Department of Homeland Security has proposed to augment the study of foreign animal diseases that are threats to agriculture in the United States by expanding its research capabilities through the construction of a National Bio and Agro-Defense Facility.  Six alternative sites were identified in the Federal Register on July 31, 2007.  A Draft Environmental Impact Statement (EIS) for all sites was completed by the U.S. Department of Homeland Security in June.  The Board of County Commissioners requested that the EAB and the County departments of Public Health and Emergency Management evaluate the impact of the proposed location of the NBAF on one of those sites, a 249 acre tract of land in Butner referred to as the Umstead Research Farm, and present its findings to the Board of Commissioners.

 

       

      Resource Person(s): Robert Rosenthal, Chairman, Environmental Affairs Board; Joyce Martin, Environmental Affairs Board; Deborah Luecken, Environmental Affairs Board; Brian Letourneau, Public Health Director; and Jeff Batten, Emergency Management Director

 

County Manager's Recommendation: The Manager recommends the Board receive and discuss the findings and advise the staff if any additional information is needed.

 

9.     2009 Durham County Legislative Agenda

                                                                                                                                                     20 min.

The General Assembly will convene on January 28, 2009.  In preparation for the
2009-2011 biennium session, the North Carolina Association of County Commissioners has asked counties to begin consideration of any legislative issues that have statewide implications.  The NCACC will begin its legislative process by receiving requests by September 5 and vetting them through its Legislative Goals process this fall.  Seven NCACC steering committees will review proposed goals and forward recommendations to the full board.

 

The legislative goals development process will proceed through the fall and winter, culminating in the Legislative Goals Conference, to be held Jan. 15-16, 2009 in Pitt County.  At the conference, the NCACC membership will approve an agenda to be presented to the General Assembly.

 

The multi-level process is designed to assure that the NCACC develops a set of goals on which the members have reached consensus and which members are informed as proposals are presented to legislators.

 

Steering Committees include the following areas:  Human Services, Agriculture, Education, Taxation and Finance, Environment, Justice and Public Safety, and Intergovernmental Relations.

 

Resource Person(s): Deborah Craig-Ray, Assistant County Manager

 

County Manager's Recommendation: The Manager's recommendation is that the Board provide feedback to staff for the purpose of proposing statewide legislative issues for consideration by the North Carolina Association of County Commissioners.

 

10.  Public Hearing—Unified Development Ordinance (UDO) Text Change—Commercial Neighborhood Minor Special Use Permit (CN mSUP) (TC0700018)

                                                                                                                                                     10 min.

Receive public comments on Text Change – Commercial Neighborhood Minor Special Use Permit (CN mSUP) (TC0700018) and adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 3, Applications and Permits, and Article 6, District Intensity Standards.

 

Resource Person(s):  Steven L. Medlin, AICP, City-County Planning Director, and Julia Mullen, Planner

 

County Manager's Recommendation:  Conduct a public hearing on the proposed UDO text change and, if appropriate based on the comments received during the hearing, approve the change.

 

11.   Closed Session

                                                                                                                                                     30 min.

The Board is requested to adjourn to discuss matters relating to the location or expansion of business or industry pursuant to 143-318.11(a)(4).

 

                                                                                                                                                            _______

                                                                                                                                                              3¼ hrs.