TSF in May - Organizing for Socialism in the USA

Join the non-partisan Triangle Socialist Forum to discuss socialism, in the proletarian month of May, on the 6th. On the agenda is defining socialism and debating how exploitation, imperialism, and the fascistic impulse in global capitalism can be fought and beaten in the USA. The meeting is at The Peoples Channel office in Chapel Hill (300-AC South Elliot Road, http://www.thepeopleschannel.org/), at 7pm.

BOCC meeting Monday

This should be a more relaxed meeting, but the minutes from the March 23rd meeting, where Southern Durham Development and Joe Bowser tried to prevent the April 13th public hearing on the survey question, will be up for approval, and there is a closed session for something at the end of the meeting. May 1st the Environmental Management Commission might rule on the boundary issue and there is supposed to be a meeting of landowners effected by the proposed boundary shift.

The agenda is from www.co.durham.nc.us/departments/bocc/Agendas/Current_Meeting_Agen.html.

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[Please contact the Clerk to the Board at (919) 560-0025 for information related to items on the agenda.]

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THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

Monday, April 27, 2009

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

AGENDA

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

2. Agenda Adjustments 5 min.

3. Announcements 5 min.

The Board of County Commissioners will hear funding requests from Nonprofits on
May 4, 2009 at 1:30 p.m.

4. Minutes

5 min.

a. March 5, 2009 Worksession

b. March 23, 2009 Regular Session

c. March 24, 2009 Conversations

5. Presentation of the Commissioners Community Circle Award

10 min.

The Commissioners Community Circle Award, created by Michael D. Page, 2009 Chairman of the Durham Board of County Commissioners (BOCC), is designed as a way to recognize county departments, local non-profit organizations, and programs for the extraordinary services they provide to Durham's citizens.

The Salvation Army Boys and Girls Club will be awarded the Commissioners Community Circle Award due to their inspirational service that improves the lives of Durham's teens. The Salvation Army Boys and Girls Club has displayed the ability to consistently cultivate the competence and wellbeing of the clients they serve. Their outstanding mentorship and leadership cannot go unnoticed by the BOCC.

Resource Person(s): Michael D. Page, Chairman of the Durham Board of County Commissioners

County Manager's Recommendation: The Manager's recommendation is that the Board congratulate The Salvation Army Boys and Girls Club for their receipt of the Commissioners Community Circle Award.

5a. Proclamation for "Children's Mental Health Awareness Day"

5 min.

The United States Department of Health and Human Services estimates at least one in five children and adolescents have a mental health disorder with one in 10, or about 6 million people, suffering from a serious emotional disturbance.

Children's Mental Health Awareness Day events are scheduled for May 7 in Durham County. Officials sponsoring the event have requested the proclamation. In addition, staff of the National Center for Child Traumatic Stress will make remarks about the work of the organization.

Resource Person(s): Melissa King

County Manager's Recommendation: The Manager's recommendation is that the Board approve the proclamation and present to representatives of the National Center for Child Traumatic Stress.

6. Foster Care Month Proclamation

5 min.

All children deserve a safe, happy life, including the 513,000 American children and youth in foster care. Young people in foster care especially need nurturing adults on their side because their own families are in crisis and unable to care for them. Each May, the Department of Social Services salute the compassionate people who make a difference by serving as foster parents, relative caregivers, mentors, advocates, social workers, and volunteers. Thanks to these unsung heroes, many formerly abused or neglected children and teens will either safely reunite with their parents, be cared for by relatives, or be adopted by loving families.

In Durham County on March 1, 2009, there were 236 children and youth in foster care. Foster Care Month is an opportunity to educate the community about the need for more foster parents and to celebrate the commitment foster parents make to improve the lives of vulnerable children and youth.

Two major events are planned in May to celebrate: The Foster Parent's Banquet on May 7 and the Walk for the Children on Saturday, May 2, at 9:00 a.m. The Board of Commissioners is invited to attend both events.

Resource Person(s): Jovetta Whitfield, Program Manager, Child Placement and Supportive Services, and Sammy Haithcock, Director, Department of Social Services

County Manager's Recommendation: Recommend approval of proclamation declaring Foster Care Month in Durham County and to raise community awareness about the need for more foster parents.

7. Older Americans Month Proclamation

5 min.

When Older Americans Month was established in 1963, only 17 million living Americans had reached their 65^th birthdays. About a third of older Americans lived in poverty, and there were few programs to meet their needs. However, interest in older Americans and their concerns was growing. In April 1963, President John F. Kennedy's meeting with the National Council of Senior Citizens served as a prelude to designating May as "Senior Citizens Month." Thanks to President Jimmy Carter's 1980 designation, "Senior Citizens Month", which is now called "Older Americans Month," has become a tradition.

Today, one in six Americans, or 44 million people, is age 60 years or older. While most older Americans are active members of their families and communities, others are at risk of losing their independence. These include four million Americans age 85 years and older, those who are living alone without a caregiver, those living in nursing homes or other institutional settings, members of minority groups, older persons with physical or mental impairments, older persons residing in rural areas, low income older persons, and those who are abused, neglected, or exploited.

Older Americans Month is a time to acknowledge the contributions of past and current older persons to our country, in particular those who defended our country. Every President since JFK has issued a formal proclamation during or before the month of May asking that the entire nation pay tribute in some way to older persons in their communities. Older Americans Month is celebrated across the country through ceremonies, events, fairs, and other such activities.

The Durham County Department of Social Services, Health Department, the Senior RBA Group, Triangle J, and the Council for Senior Citizens are requesting that the Board of Commissioners declare May as Older Americans Month in Durham County and help to promote this observance to Durham residents.

DSS will host the annual Celebration of Life luncheon for DSS Adult Services clients ages 70+ on May 21 at St. Phillips Episcopal Church. Commissioners are invited to attend.

Resource Person(s): Bob Wallace, Program Manager, Adult and Crisis Services, DSS; Lois Deloatch, Senior RBA Group; Joan Pelletier, Triangle J; Gail Souare, Council for Senior Citizens; and Gayle Harris, Health Department

County Manager's Recommendation: Recommend approval of proclamation declaring Older Americans Month in Durham County and to raise community awareness of the need for to strengthen the system of care for our older residents.

8. Proclaim May 3-9 National County Government Week

5 min.

The week of May 3-9 is declared National County Government Week. Durham County Government will participate in this event by hosting various community and employee events.

National County Government Week (NCGW) is an annual celebration of county government. First held in 1991, the goal of County Government Week is to raise public awareness and understanding about the roles and responsibilities of the nation's counties.

This year's theme is Greening Our Future.

County Manager's Recommendation: The Manager's recommendation is that the Board proclaim May 3-9 as National County Government Week in Durham.

9. Consent Agenda

20 min.

a. Property Tax Releases and Refunds for Fiscal Year 2008-2009 (accept the property tax release and refund report for March 2009 as presented and authorize the Tax Assessor to adjust the tax records as outlined by the report);

b. Request from Northern High School to Transfer Ownership of a Surplus Turf Grass Mower to the Durham Public School System (approve the request for the maintenance of Northern High School's football, softball, and baseballs playing fields);

c. Lease of a Portion of 2117 East Club Blvd. to the Animal Protection Society of Durham Inc. (approve the lease agreement and authorize the County Manager to execute the agreement);

d. Cultural Master Plan Project Funding Approval (receive the proposed Cultural Master Plan initiative funding and, if appropriate, approve funding for the initiatives);

e. Employee Benefits for FY 2010—Approval of Contracts for Health, Dental, Vision, Life Insurance, Wellness Clinic, and Ancillary Services—Effective July 1, 2009 (authorize the execution of health and related contracts; total costs for FY 2009-2010 not to exceed $13,067,614);

f. Budget Ordinance Amendment No. 09BCC0000060—The Durham Center—Budget Decrease of $2,322,420 for Medicaid pass through funds;

g. Budget Ordinance Amendment No. 09BCC000061—Public Health—Recognize Title X Bonus Funds in the Amount of $2,800 for the Family Planning Program;

h. Budget Ordinance Amendment No. 09BCC000062—2008 Emergency Management Performance Grant (EMPG) (recognize $105,565 in grant revenue received from the North Carolina Division of Emergency Management to be applied to Durham County Emergency Management); and

i. Budget Ordinance Amendment No. 09BCC000063—Economic Development—Pass-Through of One NC Funds from the State of North Carolina in the amount of $150,000 to Eisai Inc.

10. Board and Commission Appointments

10 min.

Vonda Sessoms, Clerk to the Board, will distribute ballots to the Board to make appointments to the following boards and commissions:

· Adult Care Home Community Advisory Committee

· City-County Appearance Commission

· City-County Planning Commission

· Memorial Stadium Authority

· Nursing Home Community Advisory Committee

Resource Person(s): Vonda Sessoms

County Manager's Recommendation: The County Manager recommends that the Board of County Commissioners vote to appoint members to the above-mentioned boards/commissions.

11. Closed Session

30 min.

The Board is requested to adjourn to closed session to discuss matters relating to the location or expansion of a business or industry pursuant to G. S. 143-318.11(a)(4) and to consider the performance of a public officer or employee pursuant to G.S. § 143-318.11(a)(6).

________

1 hr. 50 min.

Today is Lenin's 139th birthday

Vladimir Ilyich Ulyanov, later taking the nom de revolution Lenin, was born April 22, 1870 in what was then Simbirsk, Russia. Not to exaggerate the role of leaders, but without Lenin's influence, Russian capitalism might not have been defeated in 1917, giving hope throughout the world that exploitation of the working class and imperialist oppression could be defeated and a better system created. He added so much to Marxist theory and practice that revolutionary Marxism is today known as Marxism-Leninism. Lenin died too soon, January 21, 1924. Unfortunately some later Soviet leaders 'forgot' Leninism and were able to silence the revolutionary wing of the CPSU and destroy socialism in the USSR. They tried to impose their counterrevolution around the world, and in many places did succeed, but the desire for liberation still burns, especially in the current global recession, and the working class of the world is still armed with Marxism-Leninism.

As you probably know, today is also Earth Day, and there are events all this month in Durham. This week is also Northeast Creek Week in Durham County, and Ellerbe Creek Week was earlier. This Earth Day comes in with a blow to the control of developers in Durham, at least until the next BOCC hearing having to do with 751 South.

Also, Colonel Anne Wright (www.voicesofdissent.org) will be speaking and book signing at NCSU tomorrow at 7pm in Room 434 of the Daniels Building. A map is available at www.ncsu.edu/campus_map/north.htm. The event is hosted by the NCSU Student Worker Alliance.

City Council meeting tonight

For a while there has been talk of The Peoples Channel (http://www.thepeopleschannel.org/), manager of Chapel Hill's public access channel, taking over operation of Durham's channel as well, and the contract is up tonight. The Peoples Channel has several classes in various video production skills and other events and has more variety than Durham's channel, so I expect great things. I didn't have contact with Durham's public access studio, but they have a much lower community profile and programming seems to have tapered off to just video from regular government meetings and church videos.

The Council will also decide about letting Crestwood Suites, in Parkwest Crossing shopping center on the west side of 55, just south of 54, fill and rebuild parts of its grounds. Their back parking lot is frequently flooded, because they were allowed to build in the floodplain, due to lax rules in the 80's. Northeast Creek is just a few yards from their back parking lot, which is at the level of the rest of the bottomland. The more flooding upstream is constricted, and impervious surfaces added, the more flooding there will be downstream. To fix the driveway they will probably also lose some large pink wetland roses.

Today is a day for marijuana legalization events, but I have have not heard of anything local other than a May 2nd rally in Raleigh. There will be a film showing on the Moncure strike Wednesday evening at 6:30 at Duke's Center for Documentary Studies.

The agenda for the meeting tonight is from www.durhamnc.gov/agendas.

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 City Council minutes for the March 16, 2009 City Council Meeting;

To approve City Council action taken at the March 5, 2009 City Council Work Session; and

To approve City Council minutes for the February 2, 2009 Special City Council Meeting. (Resource Person: D. Ann Gray – 4166) (PR# 6056)

2. Human Relations Commission - Appointment

To appoint William H. Elliott, IV to the Human Relations Commission with the term to expire on June 30, 2011.

Note: At the Work Session on April 9, 2009, Mr. Elliott received seven (7) votes.

(Due to the expired term of Mickey Brown)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 3 pages) (PR# 6051)

3. Human Relations Commission - Receive and Accept an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Human Relations Commission for one (1) Non-Minority Female with the term expiring on June 30, 2010.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 3 pages) (PR# 6054)

4. Set a Public Hearing Regarding Establishing a Third Tier for Stormwater Residential Billing

To set a public hearing for May 4, 2009 to receive public comment on a proposed ordinance amending Chapter 15 of the Durham Fee Schedule, Part 15-113 to establish a third residential stormwater billing rate tier to be effective July 1, 2009.

(Resource Person: Edward Cherry – 4326 ext. 228) (Attachment #4 - 3 pages) (PR# 6055)

5. Social Security Number Verification Audit (November 30, 2008)

To receive and accept the Social Security Number Verification Audit dated November 30, 2008 as presented and approved at the February 23, 2009 meeting of the Audit Services Oversight Committee.

(Resource Person: Germaine Brewington – 4213 ext. 244) (Attachment #5 - 11 pages) (PR# 6027)

6. Subrecipient Contract between the City of Durham and Durham County Habitat for Humanity for the Acquisition of Four Properties

To authorize the reallocation of $60,000.00 of FY 07-08 CDBG funds and an additional $13,200.00 in CDBG funds;

To authorize the City Manager to execute a subrecipient contract with Habitat in the amount of $73,200.00 to acquire four properties for development of affordable housing; and

To authorize the City Manager to modify the contract and other related documents prior to execution provided the modifications do not increase the dollar amount of the contract and do not lessen the obligations of the subrecipient contract.

(Resource Person: Shepherd Smith – 4570) (Attachment #6 - 23 pages) (PR# 6017)

8. Durham Station - S&ME Professional Services Amendment

To authorize the City Manager to execute a contract amendment to the Professional Services Contract with S&ME, Inc. in the amount of $4,000.00 so that the total contract amount will not exceed $277,000.00;

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; and

To authorize the City Manager to negotiate and execute contract amendments to the Professional Services Contract with S&ME provided that the total contract amount does not exceed $280,000.00, which is the full amount budgeted for the professional services contract plus the contract contingency.

(Resource Person: Doreen Sanfelici – 4197) (Attachment #8 - 7 pages) (PR# 6050)

9. Water Extension Agreement with ALFC-Page Road, LLC for Bethpage Mixed Use Development

To authorize the City Manager to enter into a water extension agreement with ALFC-Page Road, LLC to serve Bethpage Mixed Use Development; 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 contractor.

(Resource Persons: Edward Venable and Robert Joyner – 4326) (Attachment #9 - 11 pages) (PR# 6010)

10. Contract SW-23, 2009 Salt Dome

To authorize the City Manager to execute a contract for SW-23, 2009 Salt Dome, with Hamlett Associates, Incorporated in the amount of $406,543.00;

To establish a contingency fund in the amount of $60,981.45 (15%); and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $60,981.45 and the total project cost does not exceed $467,524.45.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #10 - 3 pages) (PR# 6032)

11. Memorandum of Agreement between the DCHC MPP, DATA, Chapel Hill Transit and Triangle Transit

To approve the "Memorandum of Agreement between the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) and Chapel Hill Transit (CHT), Durham Area Transit Authority (DATA) and Triangle Transit for Implementing the US Department of Transportation (USDOT) Metropolitan Transportation Planning Regulation";

To authorize the City Manager to execute the agreement on behalf of DATA; and

To authorize the City Manager to modify the agreement prior to execution provided the modifications are consistent with the general intent of the version of the agreement authorized by the City Council.

(Resource Person: Felix Nwoko – 4366) (Attachment #11 - 8 pages) (PR# 6042)

12. Execution of Pass-Through Agreements with the Town of Chapel Hill for Disbursement and Accounting of FTA Section 5303 Planning Funds

To authorize the City Manager to execute the Pass-through Agreement with the Town of Chapel Hill for the disbursement and accounting of the Federal Transit Administration (FTA) Section 5303 planning funds; and

To authorize the City Manager to make changes to the Pass-through Agreement prior to execution as long as the changes do not alter the original intent of agreement

(Resource Person: Felix Nwoko – 4366) (Attachment #12 - 13 pages) (PR# 6043)

13. Contract Amendment with Cambridge Systematics, Inc. (CS) for the MPO Non- Motorized Trip Model Development

To authorize the City Manager to execute a contract amendment to increase the original contract value of $200,000.00 with Cambridge Systematics, Inc. to $270,000.00 for the development of the MPO non-motorized trip model enhancement and associated staff training;

To authorize the City Manager to modify the contract amendment prior to execution provided the modifications do not increase the dollar amount of the agreement, and the modifications are consistent with the general intent of the version of the agreement authorized by the City Council.

(Resource Person: Leta Huntsinger – 4366) (Attachment #13 - 19 pages) (PR# 6044)

14. Contract Amendment for Contract SW-21: 2008 Curb Ramps

To authorize the City Manager to amend contract SW-21: 2008 Curb Ramps with Holmes Contracting Incorporated by $397,879.02; 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 Person: Edward R. Venable – 4326 ext. 233) (Attachment #14 - 2 pages) (PR# 6045)

15. Convert Stormwater Residential Billing from Monthly/Bi-Monthly to Annual Billing

To adopt an Ordinance Amending the Durham City Code, Section 70-653(a) to clarify that billing for Stormwater Services may occur at yearly frequencies and recommends annual billing commence on July 1, 2009.

(Resource Person: Edward Cherry – 4326 ext. 228) (Attachment #15 - 3 pages) (PR# 6053)

18 – 21. Those items can be found on the General Business Agenda – Public Hearings.

26. Sub recipient Contracts to Implement Comprehensive Anti-Gang Funding

To authorize the City Manager to execute a contract with Communities in Schools of Durham, Inc. in the amount of $116,150.00 for gang prevention services;

To authorize the City Manager to execute a contract with Edge Training and Placement Inc. in the amount of $109,500.00 for gang prevention/intervention services;

To authorize the City Manager to execute a contract with Child and Parent Support Services in the amount of $75,000.00 for gang prevention/intervention services;

To authorize the City Manager to execute a contract with Religious Coalition for a Non-Violent Durham in the amount of $25,000.00 for gang prevention/intervention services; and

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

(Resource Person: Tim Henderson – 4222 ext. 252) (Attachment #26 – 119 pages) (PR# 6057)

27. Setting a Public Hearing on Proposed Amendments to the 2005-2010 Consolidated Plan and FY 2008-2009 Annual Action Plan

To set a public hearing to be held on May 4, 2009 to receive citizens' comments related to substantial amendments to the 2005-2010 Consolidated Plan and FY 08-09 Annual Action Plan.

(Resource Person: Wilmur Conyers – 4570 ext. 277) (Attachment #27 – 2 pages) (PR# 6073)

29. Contract between the City of Durham and the Peoples Channel, Inc. for the Provision of Peg Access Services and an Amendment of the Inter-Local Cooperation Agreement between the City of Durham and the County of Durham Regarding Durham City and County

To authorize the City Manager to execute a contract with the Peoples Channel Inc. in the amount of $110,000.00 for the provision of PEG access services for a term of eighteen months;

To authorize the City manager to modify the contract and other related documents prior to execution provided the modifications do not increase the dollar amount of the contract and do not decrease the obligations of the contract;

To authorize the City Manager to execute an amendment to the current inter-local agreement regarding Durham City and County Government television by increasing the amount of funding paid to the City by the County from $15,000.00 to $77,500.00;

To provide for the amended inter-local agreement to terminate on October 1, 2010; and

To authorize the City Manager to modify the agreement and any other related documents prior to execution provided the modifications do not decrease the dollar amount of the County's increased payment and do not decrease the obligations of the contract.

(Resource Persons: Patrick W. Baker – 4158 and Beverly B. Thompson – 4123) (Attachment #29 – 19 pages) (PR# 6111)

[General Business Agenda - Public Hearings]

18. Major Special Use Permit – Crestwood Suites Renovations (M0800005)

To hold a quasi-judicial public hearing to consider a Major Special Use Permit for development with fill within the special flood hazard area; 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 #18 - 116 pages) (PR# 6046)

19. Major Site Plan and Floodplain Development Permit – Crestwood Suites Renovations (D0800215)

(This is not a Public Hearing)

To approve a Major Site Plan and Floodplain Development Permit for "Crestwood Suites Renovations" submitted by Griffin Engineering, Inc., on behalf of Durham Crestwood, LLP for replacement of the swimming pool, portions of vehicular use area (VUA), interior driveways, dumpster pad, two exterior canopies and an outside dining area, including grading and fill in the floodway fringe, at an existing hotel on an 11.521 acre site, zoned Office Institutional (OI) and Falls/Jordan District B (F/J-B) and Major Transportation Corridor (MTC).

The site is located at 300 Meredith Drive, southwest of the intersection of NC 54 and NC 55. [PIN 0728-04-92-3673]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #19 - 23 pages) (PR# 6047)

20. Initial Zoning Map Change – Chin Page Office Park Initial (Z0800039A)

To conduct a public hearing and receive public comments on the initial zoning map change for Chin Page Office Park Initial (Z0800039A);

To adopt an ordinance amending the Unified Development Ordinance, to establish Industrial Light with a development plan (IL(D)), Planned Development Residential 4.733 (PDR 4.733), and Residential Suburban Multi-family with a development plan (RS-M(D)) 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 Chin Page Road and east of Stirrup Iron Creek, PINs 0748-04-91-0606, -5606, -91-7132]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #20 - 13 pages) (PR# 6038)

21. Initial Zoning Map Change – Culton Harris Properties Initial (Z0800040A)

To conduct a public hearing and receive public comments on the initial zoning map change for Culton Harris Properties Initial (Z0800040A);

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) and 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 South side of Erwin Road and west of Annandale Road, PINs 0801-02-55-3886, -3796, -56-3091]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #21 - 9 pages) (PR# 6039)

[Supplimental Items]

[Adjournment]

UNC SDS statement on the Tancredo protest

FOR IMMEDIATE RELEASE:

Statement by UNC Students for a Democratic Society on the protest of Tom Tancredo

Press contacts: [ ]

April 15, 2009

Former congressman Tom Tancredo was invited to speak at UNC on April 14 by Youth for Western Civilization, a newly-formed white supremacist organization on campus. Many student organizations, including Students for a Democratic Society, organized protests and alternative responses to the event. The violence and extreme force used by the campus police against the demonstrators caused an escalation that led to the event being shut down.

Over 200 people, including multiple student and community organizations, used a diversity of tactics to protest Tancredo, who is a symbol of hate, racism, and the scapegoating of immigrants. Some organizations wanted to challenge Tancredo through debate at the event; others, including SDS, marched from the Pit to Bingham Hall to protest outside the event; still others wanted to shut down the event entirely. It is extremely unfortunate that a lack of coordination between the different tactics employed led to the Carolina Hispanic Association and others' dissent being silenced.

SDS was part of the march to Bingham Hall. Some members also sat quietly in the audience to challenge Tancredo with questions at the end of the event. We are proud to see that so many people came out to participate in the demonstrations. At the same time, it is regrettable that police violence led to an escalation which prevented many individuals and organizations from expressing their dissent towards Tancredo through speaking at the event.

There have been many accounts of what happened outside; some are based in fact while others are wildly speculative and untrue.

As participants of the outside protest, these are our accounts of what happened:

• The march route was planned to start in the Pit, pass through Bingham once, then hold a rally outside.

• Police stopped the march in the lobby of Bingham.

• A few minutes later, Tancredo entered the building. No one tried to block him, but some protesters were shoved into the wall by Tancredo's entourage.

• Not long after, two women were dragged out of Bingham 103 by police and thrown to the floor in the lobby. Demonstrators chanted, "Shame on you," and attempted to help them up.

• Five minutes later and without verbal warning, police started pepper-spraying. Contrary to police reports, the pepper spray was not "broadcast" into the air; it was sprayed directly at people's faces.

• Officer Twiddy sparked his taser over people's heads, threatening to tase them.

• Another police officer pulled a woman's hair.

• Protesters were pushed out of the building, after which they continued to rally in front of Bingham for the duration of the protest.

• Shortly after protesters were ejected, a window of Bingham 103 was broken.

It is our firm belief that the actions of the Campus Police caused the escalation outside the event. All organizations involved in the protest were non-violent. Rather, it was the violence employed by the Campus Police that created a climate of fear and chaos. The issue is not about a broken window; it is about broken families, deportation and xenophobia.

We would like to clarify that SDS did not participate in the event with the intent to shut it down, but we are not surprised that it happened. Tancredo is a national symbol of hate and racism. Thus, it is no surprise that his attempt to scapegoat immigrants garnered strong opposition. In this time of economic crisis, it is more important than ever to challenge bigoted and racist views. Standing up to his destructive rhetoric has given strength to groups around the country. Immigrants rights organizations nationwide are applauding the protest of Tancredo at UNC. Carlos Montes, with the Southern California Immigrants Coalition, said, "I support the students right to protest racist Tom Tancredo. Tancredo has to be confronted and exposed wherever he speaks. The students should be commended for their action."

In response to the police conduct on April 14, we demand an immediate investigation into the actions of the Campus Police, and call for a standing student review board to oversee all police conduct on campus.

We further ask that organizations and individuals who are supportive of the protest that transpired express statements of solidarity with SDS, which is currently being attacked by anti-immigrant, right-wing forces on and off campus.

No human being is illegal. Solidarity with all immigrants!

Students for a Democratic Society

UNC-Chapel Hill

www.chapelhillsds.org

###

The private Jordan Lake survey did not pass

This is a quick description of what I heard at the public hearing.

After over two hours of public comments and discussion by the Board, Joe Bowser motioned that the surveys paid for by Neal Hunter be accepted. I think his long motion also said there should never have been a hearing and everything is fine, which is the position of the current developer, Southern Durham Development. Chairman Michael Page seconded. The Commissioners split, as everyone expected. Brenda Howerton did not vote and wanted a clarification.

Ellen Reckhow offered an alternate motion to follow the lawful procedure established in the Unified Development Ordinance. Becky Heron seconded. Howerton, Reckhow, and Heron voted for the alternate proposal, while Page and Bowser voted against. This means that the private survey has to go through review. Afterward there were some more arguments and shouting and Reckhow suggested that only the most contentious part of the survey, along the channel of New Hope Creek, be resurveyed. There was a verbal promise of funds from Chatham County, and someone said Durham should ask Chapel Hill and OWASA to contribute.

There were probably more than 100 people there during the hearing. Some amazingly bad things were said by the public and officials. Donald Hughes basically said Durham doesn't normally drink from Jordan Lake, so we don't have to care about it [see comments - apparently this is not what he meant]. Neal Hunter, who commissioned the two private surveys said his rights were being attacked, as did other 751 South supporters. Reckhow brought up the around 320 properties impacted by this decision, and what the UDO requires in that case. The Commissioners were clearly told what the law is and that they could be sued, though the County Attorney said they were at risk of lawsuits whichever way they vote.

Bowser implied that Reckhow and the City Manager hadn't done their jobs and were at fault for this dispute. The initial fault lies with unlawful actions by former Planning Director Frank Duke, and his staff, who Neal Hunter says approved of all of this. Bowser's response to comments by a Chatham County Commissioner were that Durham has a larger buffer around the Lake than Chatham (1 mile instead of 1/2 a mile). She then asked if Durham buffers ephemeral streams like Chatham does (Durham does not).

The City Manager [actually I think the Planning Director said this] claims that the development, might not impact water quality. If it is built, it might not be possible to see its impact on the Lake itself, but I expect to see a lot of silt running off. It is impossible to conceive that water leaving the site during and after construction won't be more polluted, with loads of silt, oil from roads, fertilizer and pesticide, and fecal coliform bacteria. I think some people argued that the "conservation" development will be so smart and compact that it will not harm the environment at all. Many people argued that Durham needs jobs, taxes, schools, and fire and police stations (at the site, which is isolated at the edge of the County) and can't afford to protect the environment and turn back on "progress." Education was opposed to conservation. Melissa Rooney spoke of all the retail and office sites near the site that have been vacant for a long time and don't provide the promised jobs. Bowser brought up the example of Southpoint as a good development, opposed by opponents of progress. He said he without development Durham faced disaster, though he also said he would not harm the environment and had twice walked around the site. At one point Heron said that these "speculators" took a risk in buying the land.

There was also the issue of whether the licensed surveyors were being accused of unprofessionalism. After expert testimony to the contrary, it was claimed that there was no reason to doubt that the surveyors found the edge of the Lake, which is what the hearing was about, not whether to build 751 South (that is still to come).

After the vote Dr. Lavonia [Allison] argued with Howerton, saying Howerton is on her way out of office. Howerton retorted that she has years left.

Even Kentington Heights came up, apparently because many people from there turned out to support the private survey.

Up until the vote I expected it to go 3-2 the other way and was thinking of who would sue about this if the State Environmental Management Commission did not act. This was a victory, but it was very close and I think it is far from over. A faction seems willing to do anything for developers in Durham, and these are the people running the County government. This mirrors the Scott Mill decision about two years ago.

Hopefully there will be more details in the May issues of the Chatham County Line and Triangle Free Press. There will surely be a lot of media coverage in the morning, but they will leave out the sharp edges that were exposed in that meeting. This is clearly an economic and class struggle, but it is hidden under race. The Durham Committee on the Affairs of Black People allied with the developers, the Friends of Durham, the Chamber of Commerce, and other rightist and bourgeois forces. On the other side were environmentalists, the Inter-Neighborhood Council, neighborhood associations, Democratic groups, and the Durham People's Alliance. I'm glad the opposition won, but I'm disgusted by the County government. After this meeting, the Scott Mill dispute, and the weak actions taken against developers who violate laws, the County government doesn't seem very trustworthy.

Hearing on Jordan Lake survey at BOCC Monday

This meeting should decide if a developer can fund a survey to locate the boundaries of a public waterway, apparently for the first time in NC, if the BOCC approves it.  There has been major opposition, and that will be reflected in the attendance Monday, but approval still seems very possible.  A State body has been asked to look into this, and there could be a lawsuit if the Commissioners endorse the survey.     

 

From www.co.durham.nc.us/departments/bocc/Agendas/Current_Meeting_Agen.html :

 

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           [Please contact the Clerk to the Board at (919) 560-0025 for information related to items on the agenda.]

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THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

 

Monday, April 13, 2009

 

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

 

AGENDA

 

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

 

2.     Agenda Adjustments                                                                                                                   5 min.

 

3.     Announcements                                                                                                                          5 min.

 

4.     Minutes

                                                                                                                                                       5 min.

a.       January 23, 2009 Special Session—Legislative Breakfast

b.      February 23, 2009 Special Session—Capital Improvement Program

c.       March 5, 2009 Worksession

d.      March 12, 2009 Special Session—Capital Improvement Program

e.       March 12, 2009 Regular Session

f.       March 23, 2009 Special Session—Jordan Lake

g.      March 23, 2009 Regular Session

h.      March 24, 2009 "Conversations"

 

5.     Proclamation Declaring April 19 – 25, 2009 as Week of the Young Child

                                                                                                                                                       5 min.

Durham's Partnership for Children, a Smart Start Initiative, asks Durham County to come together for children during the Week of the Young Child (April 19-25, 2009).  As part of the national Week of the Young Child celebrated across the country sponsored by the National Association for the Education of Young Children (NAEYC), Durham County is honoring young children and all those who make a difference in children's lives.

 

All young children need and deserve high-quality early learning experiences that will prepare them for success in school and in life, and Durham County has a great opportunity to do its part to help young children.  Week of the Young Child is a time to recognize the importance of early learning for all young children and to bring Durham County together to help give all young children a smart start.

 

Young children and their families depend on high-quality early care and education to work and the best way to develop a well-educated and well-trained workforce for the future is to start early.  Even the best schools cannot produce the best workers if children are not ready for school.  Early childhood education today helps build tomorrow's workforce and helps to ensure the future vitality of Durham County.  Week of the Young Child is a time to recognize the importance of early learning and early literacy and to celebrate early childhood educators and policies that make high-quality early care and education possible for young children.

 

Resource Person(s): Marsha Basloe, Executive Director, Durham's Partnership for Children

 

County Manager's Recommendation: The Manager recommends that the Board approve the Proclamation declaring April 19 – 25, 2009 as Week of the Young Child to honor young children and all those who make a difference in children's lives.

 

6.     Recognition for Food and Nutrition Services Achievement of 100% Accuracy

                                                                                                                                                       5 min.

Once again, the Department of Social Services' Food and Nutrition Services (Food Stamps) has maintained a 100% Quality Accuracy Rate.  This covers the Quality Control (QC) review period of October 2007- September 2008.

 

This is the second year for this major accomplishment on behalf of DSS clients and the taxpayers of Durham County.  During February 2009, a record 26,687 people in Durham had food on their tables due to the hard work of the Food and Nutrition Services staff.  Achieving this 100% Accuracy Rate for two consecutive years represents attention to detail and a high level of accountability under extraordinary circumstances.  During the same time period, Durham has seen major increases in the number of people served in the program.

 

The Department is requesting that the Board of Commissioners extend congratulations to Program Manager Pinkie Davis-Boyd and the entire Food and Nutrition Services Team. 

 

Resource Person(s):  Pinkie Davis-Boyd, Food and Nutrition Services Program Manager; Rhonda Stevens, Assistant Director; and Sammy Haithcock, DSS Director

 

County Manager's Recommendation: Recommend that the Board of Commissioners recognize the Food and Nutrition Services staff for this accomplishment.

 

7.     Consent Agenda

                                                                                                                                                     20 min.

1. Adopt a Resolution Designating County Official to Represent the BOCC in State Aid for Mosquito Control/Matching Grant Applications;
2. Approve the Contract Amendment between Manatron Inc. and the County of Durham (authorize the Manager to execute the contract amendment not to exceed the amount of $43,250.00);
3. Durham Cooperative Extension—Approve the Memorandum of Understanding between the Board of County Commissioners (BOCC), North Carolina Cooperative Extension Service (NCCES), North Carolina State University (NCSU), North Carolina Cooperative Extension Program (NCCEP), and North Carolina A&T State University (NCA&T);

d.      Budget Ordinance Amendment No. 09BCC000055 and Contract Amendment—Urban Ministries of Durham (approve in the amount of $25,000 and authorize the Manager to execute a contract amendment to reflect the additional $25,000 to Urban Ministries of Durham);

e.       Budget Ordinance Amendment No. 09BCC000057—Hazardous Materials Emergency Planning Grant Agreement (recognize $5,400 in grant funding from the NC Department of Crime Control and Public Safety and authorize the execution of the grant agreement so that it can be forwarded to the NC Department of Crime Control and Public Safety, and the LEPC can conduct its project);

6. Budget Ordinance Amendment No. 09BCC000058—Public Health—Recognize
   One-Time Funding in the amount of $2,585 from N.C. Healthy Start Foundation (RICHES Grant) to Support Centering Pregnancy Off-Site Care;
7. Budget Ordinance Amendment No. 09BCC000059 Appropriate Lottery Funds ($1,156,809) for Debt Service Support and Transferring an Equal Amount from the Debt Service Fund to the General Fund to Support an Agreement between Durham Public Schools and Durham County;
8. Execution of Consulting Service Agreement in the amount of $332,885 with Heery International, P.C. for the Enhanced LEED Commissioning Services for the Durham County Justice Center.  Project No.: DC066;
9. Execution of Consulting Services Agreement with Kleinfelder Inc. in the amount of $379,900 pending the approval of financing for the Construction Materials and Testing and Special Inspection Services for the Durham County Human Services Complex.  Project No.: DC070-48; and
10. Encroachment Agreement with DOT and City of Durham at Creekside (approve the Three-Party Right-of-Way Encroachment Agreement on Primary and Secondary System and authorize the Manager to execute the agreement).

8.     Public Hearing to Receive Citizen Comments on the Draft FY 2009-2010 Annual Action Plan

                                                                                                                                                     10 min.

The Citizen Participation Plan contained in the adopted 2005-2010 Consolidated Plan requires that two public hearings be held prior to the submission of the Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD).  The purpose of the first public hearing is to receive citizen comments on housing and community development needs; the public hearing was held on January 26, 2009.  The purpose of the second public hearing is to receive citizen comments on the City's Draft Annual Action Plan, which specifies the allocation of CDBG, HOME, and ESG funds.  Of these three allocations, only HOME funds may be used outside of the corporate city limits.   

 

As an entitlement city, Durham has been the recipient of CDBG funds since 1975 and HOME Consortium funds since 1992.  CDBG funds have primarily been used for housing activities, public services, code enforcement, and public infrastructure.  HOME Consortium funds have been used for affordable housing activities as required by HOME program regulations.  Durham has also been a recipient of Emergency Shelter Grant (ESG) funds from HUD, which have been used to provide assistance to individuals and households who are homeless or at risk of becoming homeless.

 

The Annual Action Plan is Durham's application to the U.S. Department of Housing and Urban Development for the upcoming fiscal year's funding and outlines the actions Durham is taking with HUD-awarded funds to meet the goals as described in the
2005-2010 Five Year Consolidated Plan.  HUD regulations require that the City submit the Council-approved Annual Action Plan by May 15.  It is DCD's intent to ask Commissioners to approve the Annual Action Plan at the Board of County Commissioner's meeting on May 11, 2009.

 

Mike Barros, Director of the City of Durham Department of Community Development has reviewed this request and recommends that the Board of County Commissioners hold a public hearing on April 13, 2009 to receive comments on the draft FY 2009-2010 Annual Action Plan.  Mr. Barros and/or Assistant Director Larry Jarvis will attend the meeting to answer questions.

 

Resource Person(s): Mike Barros, Director, City of Durham Department of Community Development

 

County Manager's Recommendation: Hold a public hearing on April 13, 2009 to receive citizen comments on the draft 2009-2010 Annual Action Plan.

 

9.     Public Hearing—Jordan Lake Boundary Watershed Line Amendments

                                                                                                                                                        2 hrs.

The Board has requested a public hearing to receive public comment before reaching a decision about the process for amendment to the Official Zoning Map(s) to reflect an approved change to the normal pool elevation of Jordan Lake.  The action is precipitated by a February 4, 2009 decision by the Division of Water Quality (DWQ) to approve a survey submitted by Durham County on November 13, 2008.  The County Attorney and the School of Government has opined that any maps delineating the approved changes are a part of the Unified Development Ordinance (UDO), and as such, require approval by the Board of County Commissioners in accordance the process outlined in Section 3.5 of the UDO.  Mr. William J. Brian Jr., attorney for the Southern Durham Development Company, has opined that the UDO expressly delegates the authority to make the changes to the Official Zoning Map(s) to City-County Planning Director. 

 

Resource Person(s): Steve Medlin, City-County Planning Director, and Chuck Kitchen, County Attorney

 

County Manager's Recommendation: In light of the opinion received from the School of Government, the Manager recommends that the Board follow the procedures as outlined in Section 3.5 of the Unified Development Ordinance.

                                                                                                                                                            _____

                                                                                                                                                             3 hrs.