SAW event at tomorrow at 7am

I forgot to mention, Student Action with Workers is having a rally on Polk Place, in front of South Building on May Day morning.  There will be a pancake breakfast at 8, and the rally is to support action around the Licensing Committee meeting at 9am.  The sit-in continues.   

Early May events - Celebrate May 1st!

May Day, originally an ancient European religious day and now International Workers' Day, the true labor day, started in the late 19th century in Chicago when workers were fighting for a limited workday, is Thursday.  

 

May Day evening, at 7:30, the Triangle Socialist Forum is hosting a discussion of national, State, and local Triangle candidates in the May 6th primary election.  Who, if anyone, is really progressive?  What do people think about voting in general?  The meeting will be in the downstairs conference room at the Chapel Hill Public Library. 

 

The next meeting will be on class and the water supply. 

 

May 2nd in the afternoon Libertarian Ron Paul will be speaking at UNC (I think from 3:30 to 4:30 in Carroll 111) and Duke.  His economics are wrong in my view, but he has better positions on Iraq and some other issues.  I think there is also something going on with Clinton, Obama, and NC Democratic Party bigwigs at the Dorton Arena in the evening also.   

 

May 3rd several things are happening.  In the early morning until 11 there is an annual spring flea market in Parkwood in Durham.  The Piedmont Wildlife Center, working with several other organizations, is hosting the Festival for Wildlife from 11am to 7 at Leigh Farm Park in Durham (on Leigh Farm Rd., off Highway 54 between New Hope Creek (west of 751 by Jordan High School) and I-40 near Chapel Hill).  Admission is $10 for adults and $5 for teens over 12.  

 

I noticed that in the last Independent Weekly's Act Now calendar has an item about a rally for marijuana at noon at the State Capitol (1 East Edenton Street).  The website is www.worldwidemarijuanamarch.org, and the phone number is 733-4994, but that could be the Capitol's number.  

 

There is also an item about petitioning to give the Socialist Party's presidential ticket write-in status.  NC is the 3rd worst state in ballot access discrimination, and this hurts all of us, and all third parties.  I don't think the SPUSA even claims to be Marxist and it is social-democratic (more so than the Democrats) rather than communist, but I would sign a petition for them.  

 

NC Stop Torture Now and other groups are hosting a conference on rendition and torture at Duke this Saturday.  If I'm not mistaken, STN's website is www.ncstoptorturenow.net, or it has a different ending.   

 

 

BOCC meeting Monday night

Below is the BOCC agenda for Monday evening.  The next City Council meeting is on the 5th I think. 

 

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

---

THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

 

Monday, April 28, 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.

 

4.     Minutes

                                                                                                                                                       5 min.

a.                   April 7, 2008 Worksession

b.                  April 14, 2008 Regular Session

 

5.     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, we 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 April 1, 2008, there were 239 children and youth in foster care.  We have 100 foster homes licensed to serve those children.  Foster Care Month is an opportunity to educate the community about the need for more foster parents and to celebrate the commitment foster parents have 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 8 and the Walk for the Children on Saturday, May 17 at 9:00 AM.  The Board of Commissioners is invited to attend both events.

Resource Person(s): Chuck Harris, Assistant Director for Child Welfare and Adult Services, and Sammy Haithcock, Director

 

County Manager's Recommendation: Recommend approval of proclamation declaring Social Work Month in Durham County and to raise community awareness of the many ways DSS social workers build on strengths to invest in our community's human capital.

 

6.     Proclamation of May as Mental Health Month in Durham County

                                                                                                                                                       5 min.

The Board is requested to adopt the Proclamation declaring May 2008 as Mental Health Month in Durham.

 

Resource Person(s): Ellen, Holliman, Area Director, The Durham Center

 

County Manager's Recommendation: The Manager requests that the Board of County Commissioners adopt this proclamation.

 

7.     Older Americans Month Proclamation

                                                                                                                                                       5 min.

When Older Americans Month was established in 1963, only 17 million living Americans had reached their 65th 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 of 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, what was once called Senior Citizens Month, is now called "Older Americans Month," and 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 Department of Social Services, Council for Senior Citizens, and the Senior Adult Results Based Accountability Committee 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+ at the Student Union at NC Central University on May 8.

 

Resource Person(s): Sammy Haithcock, DSS  Director; Gail Souare, Executive Director, Council for Senior Citizens; and Gayle Harris, Chairman, Senior RBA Committee

 

County Manager's Recommendation: Recommend approval of proclamation declaring Older Americans Month in Durham County and to raise community awareness of the many ways to support our older residents to lead lives of dignity and independence.

 

8.     Introduction of the Durham City-County Sustainability Manager

                                                                                                                                                       5 min.

Tobin Freid began work as the Durham City-County Sustainability Manager on April 7, 2008.  Glen Whisler, County Engineer, will introduce Ms. Freid to the Board of County Commissioners.

Resource Person(s): Glen Whisler, County Engineer

 

County Manager's Recommendation: The Manager recommends that the Board welcome Ms. Freid and express its support for her work in implementing the Greenhouse Gas Reduction Plan and other sustainability initiatives.

 

9.     Consent Agenda                                                                                                                        20 min.

 

a.   Receive the 2007 Annual Report of the Development Review Board;

b.   Budget Ordinance Amendment No. 08BCC000069—Social Services—Recognize Additional Smart Start Subsidy Revenue with a total increase of $49,088;

c.   Budget Ordinance Amendment No. 08BCC000070—Public Health—Recognize Revenue in the Amount of $19,241 from the Department of Health and Human Services to supplement technological improvements for the Environmental Health Division;

d.   Approve the FY 2008-2009 Annual Action Plan for the use of CDBG, HOME, ADDI, and ESG funds for submission to the U.S. Department of Housing and Urban Development;

e.   Ambulance Service Franchise Renewal (approve the three-year renewal request for Bahama, Bethesda, Parkwood, and Redwood Volunteer Fire Departments, and Duke LifeFlight; this is the second of two required approvals);

f.    Property Tax Releases and Refunds for Fiscal Year 2007-2008 (accept the property tax release and refund report for March 2008 as presented and authorize the Tax Assessor to adjust the tax records as outlined by the report);

g.   Resolution to Encourage North Carolina State University to Maintain Public Recreational Use of NCSU Hill Forest (approve the resolution, a copy of which will be forwarded to the Department of Forestry at North Carolina State University);

h.   Civic Center Lease—Office Space Relocation for S&H Contracting Services Inc. (approve and allow staff to make changes to the lease provided such changes do not materially affect the intent and purpose of the lease); and

i.    Vehicles and Equipment Replacement Loan (accept the Sun Trust bid Option 1 for 2.675% with a 103% of par pre-payment penalty).

 

10.   Public Hearing—Zoning Map Change—Angier Haven (Z05-45)

                                                                                                                                                     10 min.

To approve a request for a zoning map change for a 33.5 acre site located on the east side of Angier Avenue, west of Ruritan Road and south of Glover Road with the effective date of the amendment delayed until the ordinance is approved by both Governing Bodies.

 

Request: RS-20 and CG; F/J-B (partial) to RS-M(D); F/J-B (partial)

 

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 agenda materials; or

 

Alternatively, in the event that a motion to approve the item fails, the Commissioners adopt as support for their actions 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 agenda materials.

 

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

 

Planning Commission Recommendation and Vote: Approval, 8-3 on March 11, 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.

 

Resource Person(s): Steven L. Medlin, AICP, City-County Planning Director, and Gail Sherron, Senior Planner

 

County Manager's Recommendation: The Manager recommends that the Board conduct a public hearing on the proposed zoning map change and approve it, if appropriate, based on the comments received.

 

11.   Public Hearing—Street Closing—T.W. Alexander Drive (SC07-10)

                                                                                                                                                     10 min.

To conduct a public hearing on the permanent closing of a 236.85 linear foot portion of the T.W. Alexander Drive public right-of-way.  The right-of-way is located on the north side of T.W. Alexander Drive, east of Miami Boulevard and west of Page Road.

 

Resource Person(s): Steven L. Medlin, AICP, City-County Planning Director, and Phyllis T. Melton, Senior Planner

 

County Manager's Recommendation: The Manager recommends that the Board adopt an order to close permanently the proposed T.W. Alexander public right-of-way.

 

12.   County of Durham v. Lynne Graham

                                                                                                                                                     20 min.

To consider whether to adopt Administrative Law Judge Beecher R. Gray's Order entering judgment in favor of Lynn Graham.  Judge Gray ruled that "the matter has been fully resolved by prior litigation and the Doctrine of Res Judicata should apply."  This request for Board action is made pursuant to N.C.G.S. section 150B-36 entitled Final decision, which provides in pertinent part within subsection (d):

 

For any decision by the administrative law judge granting judgment on the pleadings or summary judgment that disposes of all issues in the contested case, the agency shall make a final decision.  If the agency does not adopt the administrative law judge's decision, it shall set forth the basis for failing to adopt the decision and shall remand the case to the administrative law judge for hearing.  The party aggrieved by the agency's decision shall be entitled to immediate judicial review of the decision under Article 4 of this Chapter.

Resource Person(s):  Glen Whisler, County Engineer; Marie Inserra, Assistant County Attorney.

 

County Manager's Recommendation: It is the recommendation not to adopt Judge Gray's decision as the decision does not address the time in violation that was not considered by the Court in the first action, and the decision in the first action did not constitute a final binding judgment under the doctrine of res judicata.

13.   Durham County Legislative Agenda

                                                                                                                                                     20 min.

The Board is requested to approve the Durham County Legislative Agenda for 2008.  The agenda is the result of two previous meetings with the Board in which various items were discussed, and staff was instructed to finalize in time for the scheduled meeting with the Durham Legislative Delegation on April 30 at 8:00 a.m. in the County Commissioners' Chambers.

 

The North Carolina General Assembly will convene the Short Session at Noon on
May 13 in Raleigh.

 

According to the adjournment resolution, Budget Bills must be submitted no later than 4:00 p.m. on Friday, May 16 to bill drafting.  Local Bills must be submitted to bill drafting by 4:00 p.m. on Wednesday, May 21 and filed in the House or Senate by
May 28.

 

Resource Person(s): Deborah Craig-Ray, Assistant County Manager, and Chuck Kitchen, Durham County Attorney

 

County Manager's Recommendation: The Manager's recommendation is that the Board approve the legislative agenda and provide copies to the members of the Durham Delegation in advance of the meeting.

 

14.   Closed Session

                                                                                                                                                     20 min.

        The Board is requested to adjourn to Closed Session to discuss matters relating to the location or expansion of a business or industry and to consult with an attorney and to preserve the attorney-client privilege pursuant to G.S. § 143-318.11(a)(3) & (4).

Raleigh anti-war and UNC pro-worker events this week

WAR IS A TIME FOR MOURNING NOT CELEBRATING

 

 

WHEN:      Saturday, April 26, 9:45 a.m.

 

WHERE:   State Capitol Grounds

WHY:        To mourn our nation's Endless War

WHAT:      Dress in black, and bring placards that say, "War is not   a time for celebration."

 

On Saturday, area bankers and businesses will "salute the troops" and celebrate war with a parade on the streets of downtown Raleigh . The warmakers will have plenty of hardware on display and F-!5 Strike Eagle death jets will fly overhead as the community turns out to say, "Yes to War."

War is a time for mourning, tears and sadness -- not a time to celebrate and show off the machinery of death. This macabre display is idolatry at its worst. Wear black clothes and bring signs decrying the celebration of this horrible war. Rather than a parade, we will form a funeral procession. People of peace must resist this recruiting tool to attract more of our young women and men to the military. The ONLY way to support the troops is to say, "NO TO ENDLESS WAR."

Forwarded   by N. C. PEACE ACTION     www.ncpeaceaction.org

[Contact NC Peace Action for more information]

 

The above is a message I received from Peace Action. 

 

UNC Sit-in News:

 

It is still going on and has gotten media coverage in several places.  See http://dsp4unc.wordpress.com/ for current updates.  There will be a rally at noon Thursday outside South Building (on Cameron Avenue opposite the Old Well) marking the first week of the protest. 

Vladimir Ilyich Lenin's birthday

The great Soviet revolutionary leader was born today (the 22nd) in 1870.  He died in 1924, but his contributions to communist political and economic thought are very relevant even in 2008, and would be revolutionaries today who ignore or even condemn the example of the Bolsheviks risk defeat or are not even real revolutionaries in the first place.     

Wrongful arrest in Chapel Hill and other updates

Below is a message I received about the arrest of a UNC student peacefully protesting in support of farmworkers on a public sidewalk in Chapel Hill.  The trial referred to was postponed to May 12th because Officer Sheehan, who arrested the student, was sick on the 14th.  There is a petition against the arrest online at www.petitiononline.com/tamara/petition.com and her supporters are asking people to call the District Attorney at (919) 732 9334 to ask that the officer be reprimanded for aggressive behavior and wrongful arrest.  Email me if you want the contact information for the legal defense fund. 

 

Also in Chapel Hill, SAW is still occupying South Building to oppose UNC's involvement with sweatshops. 

 

Rally in Support of Wrongly Arrested Student Activist

There will be a rally and speak-out in support of Students for a Democratic Society member and Chapel Hill activist on Monday April 14, 2008 in front of the Chapel Hill Post Office/Courthouse at 11 am. Tamara was arrested on a public sidewalk November 30, 2007 at the Burger King protest in Chapel Hill and on Monday, April 14, she will plead "not guilty" to the charge of "failure to disperse" (blocking free passage of a walkway-- C.H. town ordinance 11-6).

On November 30, 2007, there was a picket on a public sidewalk in front of the Burger King on Elliott Road. The protest was part of a national day of action in solidarity with farmworkers who pick tomatoes for Burger King (http://www.ciw-online.org/). 15 minutes before the end of the picket, Tamara arrived. As picketers were in the process of leaving several police cars drove up and Chapel Hill police officers proceeded to harass picketers who were exercising their First Amendment right to assemble and right to free speech. The picketers stated that they would leave but were prevented from doing so by the police officers who were demanding that protesters identify themselves (when they were on a public sidewalk). Tamara was arrested for "failure to disperse" on a public sidewalk as she was attempting to walk to her car to leave.

Tamara's trial is set for Monday, April 14th in the Chapel Hill Courthouse. She is being represented by civil rights attorney Al McSurely of the North Carolina NAACP. "The officers lacked probable cause to arrest Ms. [], " Mr. McSurely said. "All people who are concerned about the assault on the Constitution need to remind the Chapel Hill authorities that our rights to assemble and raise fundamental issues about public policy are precious."

Please join us outside the Courthouse/Post Office where members of the community will speak-out against the violation of Tamara's First Amendment rights of freedom to assemble and freedom of speech. The rally and speak-out will occur at 11 am on the steps of the Post Office on Franklin Street then community members and students will join Tamara inside for the trial. Join us as we stand against rogue cops who harass and intimidate youth and students who are struggling for a better world!

Student Action with Farmworkers, Student Action with Workers, the Chapel Hill/Carrboro NAACP, UNC Students for a Democratic Society, the Orange County Bill of Rights Defense League, and the NC American Civil Liberties Union stand in solidarity with Tamara and condemn the Chapel Hill Police Department and Officer Sheehan for this gross miscarriage of justice.

 

Re-legalizing marijuana day of action update

I was the first person to call Price's office in support of the bill (and industrial hemp) on Monday and hey will email me about Price's position on legalization. 

Tell Congress to re-legalize marijuana, 4/21

Below is a message I received from the National Organization for the Reform of Marijuana Laws (www.norml.org) asking people to contact their Representative on Monday in support of HR 5843 (Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults.  It is sponsored by Barney Frank (D-MA) and Ron Paul (R-TX).

 

Congressman David Price's office numbers are 202-225-1784 (Washington), 919-688-3004 (Durham), 919-967-7924 (Chapel Hill), and 919-859-5999 (Raleigh), website www.house.gov/price. 

 

NORML's Keith Stroup: Celebrate 4/20-ReLegalize It 4/21!

April 19, 2008

Dear Friend of Freedom,

I'm writing today to urge you to be a part of history.  That's right, I said history.

For the first time in nearly 25 years, NORML is spearheading a campaign in Congress to end the federal prohibition of marijuana. Congress created cannabis prohibition, and the courts say time and again to reformers: 'Congress is the place to change marijuana laws.'

Bi-Partisan Support in Congress for Reform
To wage this long-overdue effort, NORML has teamed up with two of our closest Congressional allies: Democrat Congressman Barney Frank from Massachusetts and Republican Congressman Ron Paul of Texas.  Over the past several months I have worked closely with these courageous Representatives to draft legislation that would strip the federal government of its authority to enforce marijuana possession laws.  This legislation is now pending before Congress as House Bill HR 5843, an 'Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults.'

Yes indeed, for the first time in more than two decades, we have legislation in Congress that, if enacted, would end the federal prosecution of adult marijuana consumers!

The Federal Marijuana Decrim Bill
As introduced, NORML's proposal would eliminate all federal penalties prohibiting the personal use and possession of up to three ounces of marijuana.  Under our measure, adults who consume cannabis would no longer face arrest, prison, or even the threat of a civil fine.  In addition, this bill eliminates all penalties prohibiting the not-for-profit transfers of up to one ounce of pot.  In other words, for the first time since 1937, the possession, use, and transfer of marijuana by adults would be legal under federal law!

I must admit, in my 40+ years working on marijuana law reform, I've rarely been as excited about the introduction of a piece of legislation – or its prospects of success – as I am today.  That is why I'm humbly asking you to join me in making this effort the success I know it can be, but only with your help.

Sustained Funding Drives Successful Congressional Educational Campaigns
Waging and maintaining a high-profile Congressional campaign like this one requires sustained funding, and it requires the involvement of tens of thousands of dedicated citizens like you.  By donating $50.00 or more today to NORML's 2008 'Re-Legalization' Campaign, you will enable us to:

Lobby the Democrat Congress for hearings in support of ending the federal government's war on weed;
Build a broad coalition of diverse and powerful allies to petition Congress to pass HR 5843 ;
Coordinate national media efforts to generate frequent news stories and television appearances favorable to HR 5843.

Of course, generating substantive support for HR 5843, requires more than just your financial assistance; it also requires a small donation of your time. 

Celebrate Cannabis On 4/20 — Help Re-Legalize It On 4/21!
For a moment, just imagine the impact of 1,000 phone calls to Congress – all on the same day, all at the same time, all with one single message: stop arresting responsible marijuana consumers!  Now imagine the impact of 10,000 phone calls – or even 50,000 calls – jamming the Congressional phone lines!  That's the outpouring of support we need to show to Congress, and it's the type of support we intend to generate – with your help.

You are receiving this heartfelt appeal from me today, as are hundreds of thousands of other NORML supporters.  And on Monday, April 21, we need every one of you to send an unmistakeable and unforgettable message to the 110th Congress. 

MARK YOUR CALENDARS 
LET'S MAKE APRIL 21 A DAY THAT CONGRESS NEVER FORGETS!

NORML needs you to call your Congressional Representative on Monday, April 21, and deliver the following message:

"Millions of hard-working Americans use marijuana.  Most consume it responsibly, in the privacy of their own homes, and in a manner similar to alcohol.  Why then are we spending millions of dollars each year to arrest these otherwise law-abiding individuals?  It's time to end the madness; it's time to stop arresting responsible marijuana consumers.  I urge you to support House Bill HR 5843, an 'Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults'.

(You can contact the office of your US Representative directly dialing the Congressional Switchboard at 202-224-3121.)

After you have done so, we also ask that you please e-mail this message to Congress.  Simply click here and enter your zip code and NORML will instantly send a pre-written message in your name to your Congressional Representative. 

Imagine the 'buzz' on Capitol Hill as thousands upon thousands of phone calls and e-mails begin pouring in to the Congressional offices in support of legalizing marijuana.  Never before has the marijuana law reform movement made this sort of political statement to Washington; we intend to make it a statement that our elected officials won't soon forget.  As I said at the opening of this letter, we truly will be making history!

Sincerely,

R. Keith Stroup, Esq.
Founder
National Organization for the Reform of Marijuana Laws
legal at norml period org

PS: If you are organizing one of the hundreds of '4/20' festivals taking place around the country or a SuperHighMe DVD house party, we also ask that you spread the word in support of HR 5843, and that you ask your supporters and guests to join us and take action on April 21. 

City Council meeting Monday

The City Council meets Monday, Tuesday is Earth Day (though most events are this weekend), and it is Environmental Education Week.  Monday a Lumbee group is protesting the comments on G105 and I think Student Action with Workers is continuing to occupy UNC's administrative building over UNC's involvement with sweatshops.  Thomas Jefferson's birthday was April 13th and the average last frost date was the 16th, though I think the guideline is that there could be frosts up to a week after the 16th. 

 

City Council agenda:

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 17, 2008 City Council Meeting; and

To approve City Council minutes for the following closed sessions: February 8, 2007, April 5, 2007, June 5, 2007, August 9, 2007, September 6, 2007, September 20, 2007, October 4, 2007, November 8, 2007, November 20, 2007 and January 24, 2008. (Resource Person: D. Ann Gray – 4166) (PR# 4886)

2. Durham Area Transit Authority Board of Trustees - Appointment

To appoint Bruce Allen Peterson to the Durham Area Transit Authority Board of Trustees as a Regular Member with the term to expire on March 1, 2011.

Note: At the Work Session on April 10, 2008, Mr. Peterson received five (5) votes.

(Due to the expired term of Johnsie Williams)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 – 6 pages) (PR# 4889)

3. Equal Business Opportunity Program Advisory Committee - Appointments

To reappoint Monique Velasquez (representing Non-SDBE Professional Services Firm Owner and Charles T. Wilson, Jr., (representing Non-SDBE Construction Firm Owner and to appoint Patricia E. Harris (representing SDBE Professional Services Firm Owner) to the Equal Business Opportunity Program Advisory Committee terms expiring on April 1, 2010.

Note: At the Work Session on April 10, 2008, Ms. Velasquez, Mr. Wilson, Jr., and Ms. Harris all received seven (7) votes.

(Due to a vacancy and the terms expiring of Monique Velasquez and Charles T. Wilson, Jr.)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 8 pages) (PR# 4890)

4. Citizens Advisory Committee - Appointments

To appoint Kyla Sweet-Chavez and Faith M. Thompson to the Citizens Advisory Committee with terms expiring on June 30, 2009.

Note: At the Work Session on April 10, 2008, Ms. Sweet-Chavez and Ms. Thompson both received seven (7) votes.

(Due to vacancies)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 17 pages) (PR# 4892)

6. Street Closing - A 507.50 Linear Foot Portion of Onslow Street between West Club Boulevard and An Unnamed Variable Width Alley (SC07-14)

To adopt a Resolution to set a public hearing for May 19, 2008 on the proposed closing of a 507.50 linear foot portion of Onslow Street between West Club Boulevard and an unnamed variable width alley.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #6 - 6 pages) (PR# 4869)

7. Street Closing - An Unnamed 20 Foot Wide Alley between West Club Boulevard, On the South and a Variable Width Unnamed Alley, On the North (SC07-15)

To adopt a Resolution to set a public hearing for May 19, 2008 on the proposed closing of a 514 linear foot 20 foot alley between West Club Boulevard and a variable width alley.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #7 - 6 pages) (PR# 4870)

8. Street Closing - A Variable Width Alley At Onslow Street Between Berkeley Street and Lancaster Street (SC07-13)

To adopt a Resolution to set a public hearing for May 19, 2008 on the proposed closing of a 341 linear foot variable width alley between Berkeley Street and Lancaster Street.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #8 - 6 pages) (PR# 4868)

9. Water and Sewer Extension Agreement with Biggerstaff & Crawley Avondale, LLC

To authorize the City Manager to enter into a water and sewer extension agreement with Biggerstaff & Crawley Avondale, LLC to serve Biggerstaff & Crawley; 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: Robert N. Joyner – 4326) (Attachment #9 - 10 pages) (PR# 4880)

10. CMAR Construction Services For Civic Center Plaza and Arts Council Parking Lot

To authorize the City Manager to negotiate and execute Amendment No. 2 with Skanska USA Building for construction of ADA Upgrades at the Civic Center Plaza and Arts Council Parking Lot if the Guaranteed Maximum Price (GMP) does not exceed $583,880.00;

To establish a project contingency equal to the difference between $616,880.00 which is the full amount budgeted for construction phase services, and the final GMP; and

To authorize the City Manager to negotiate and execute change orders on the Amendment 2, provided the contact cost does not exceed the amount budgeted for construction phase services, $616,880.00.

(Resource Person: Beth Hickman Emerson – 4197) (Attachment #10 – 9 pages) (PR# 4894)

11. Durham Armory Renovations CMAR Construction Services Amendment

To authorize the City Manager to negotiate and execute an Amendment No. 2 with Skanska USA for construction of the Durham Armory Upgrade Project if the Guaranteed Maximum Price (GMP) does not exceed $1,975,370.00;

To establish a project contingency equal to the difference between $2,088,870.00 which is the full amount budgeted for construction phase services, and the final GMP; and

To authorize the City Manager to negotiate and execute change orders on the Durham Armory Upgrade Project, provided the total contract cost does not exceed $2,088,870.00 which is the full amount budgeted for construction phase services plus the project contingency.

(Resource Person: Beth Hickman Emerson - 4197) (Attachment #11 - 8 pages) (PR# 4896)

12. Amendment #5 Professional Services Contract for Data Project and Contract for Claims and Litigation Support for Data Project

To authorize the City Manager to execute an amendment to the City of Durham DATA Operations, Maintenance and Administration Facility Project Agreement with Robert W. Carr, Inc. in an amount not to exceed $86,500.00 so that the total contract amount will not exceed $1,293,581.40;

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 $40,000.00;

To authorize the City Manager to negotiate and execute change orders on the DATA Operations, Maintenance, and Administration Facility Project, provided the total contract amount does not exceed $1,333,581.40 which is the full amount budgeted for construction phase services plus the project contingency;

To authorize the City Manager to execute a Contract for Claims and Litigation Support Services for the Durham Area Transit Authority ("DATA") Project with MBP Construction Engineering, Inc., in an amount not to exceed $225,300.00; and

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

(Resource Person: Jina Propst – 4197 ext. 284) (Attachment #12 - 33 pages) (PR# 4893)

13. Proposed Easements to Diamond View II, LLC and Diamond View III, LLC at the Durham Bulls Athletic Park (DBAP)

To authorize the Conveyance of a Permanent Easement Approximately 296.90 Sq. Ft., and a Temporary Construction Easement Approximately 3,497.72 Sq. Ft. Across Parcel # 103356 at the Durham Bulls Athletic Park to Diamond View II, LLC and Diamond View III, LLC for $1,802.00.

(Resource Person: Sandra Harper – 4197 ext. 243) (Attachment #13 – 7 pages) (PR# 4895)

14. HUD Cooperative Grant and Training Funding 2007-2008

To authorize the City Manager to accept the City of Durham North Carolina and the U.S. Department of Housing and Urban Development (HUD) Cooperative Grant Funds by executing the grant documents; and

To adopt the City of Durham Grant Project Ordinance in the amount of $60,426.00 superseding Grant Project Ordinance #13540.

(Resource Person: Delilah Donaldson – 1326 ext. 242) (Attachment #14 - 4 pages) (PR# 4867)

15. Contract with ICF, International Inc., to Conduct a Water Conservation Public Education Campaign

To authorize the City Manager to execute a one-year contract not to exceed $400,000.00 with ICF, Inc., LLC to develop and implement a year-long water conservation campaign to stimulate Durham citizens, visitors and businesses to conserve water as a way of life; and

To authorize the City Manager to make changes to the contract before executing it if the changes do not increase the dollar amount of the contract and do not decrease the services provided.

(Resource Persons: Beverly Thompson – 4123 and Vicki Westbrook – 4381) (Attachments #15 – 85 pages) (PR# 4904)

16. Modification of City of Durham's Minimum Housing Code and Removal of Trash and Undergrowth From Property

To adopt the proposed ordinances, which amend portions of Article VI of Chapter 10 of the Durham City Code pertaining to the Minimum Housing Code and Article VI of Chapter 26 of the Durham City Code pertaining to Removal of Trash and Undergrowth from Property.

(Resource Person: C. Renee' Caldwell – 4570 ext. 244) (Attachment #16 - 10 pages) (PR# 4847)

17. Annual Report - Durham City-County Appearance Commission

To receive the 2007 Annual Report of the Durham City-County Appearance Commission.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #17 - 6 pages) (PR# 4897)

18. High Efficiency Toilet Rebate/Credit Program and Contract

To authorize the City Manager to execute a one-year contract not to exceed $100,000.00 with Niagara Conservation to develop and implement a High Efficiency Toilet Rebate/Credit program to encourage Durham water customers to replace inefficient toilets with high efficiency toilets that use 1.28 gallons per flush; and

To authorize the City Manager to make changes to the contract before executing it if the changes do not increase the dollar amount of the contract and do not decrease the services provided.

(Resource Person: Vicki Westbrook – 4381) (Attachment #18 – 34 pages) (PR# 4905)

19. Downtown Durham Master Plan, Seven Year Review and Updated Work Plan

To adopt the Downtown Durham Master Plan, Seven Year Review and Updated Work Plan, January 2008.

(Resource Person: Joy Mickle – 4965 ext. 208) (Attachment #19 - 117 pages) (PR# 4823)

22. Conservation Water Rates

To adopt an Ordinance Amending Durham City Code Section 23-41 Monthly Rates for Water Service, Sewer Service and Water and Sewer Service.

(Resource Person: Vicki Westbrook – 4381 ext. 256) (Attachment #22 – 6 pages) (PR# 4903)

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

33. Resolution Making Changes to Council Procedures for Mayoral Appointments to Boards, Committees, and Commissions and Repealing Inconsistent Procedural Provisions

To adopt a Resolution Making Changes to Council Procedures for Mayoral Appointments to Boards, Committees, and Commissions and Repealing Inconsistent Procedural Provisions.

(Resource Person: Karen Sindelar – 4158) (Attachment #33 – 10 pages) (PR# 4928)

35. Resolution for the Acquisition of Properties in the Rolling Hills Development

To adopt a Resolution Authorizing the City Manager to acquire real property or interests in real property for the Rolling Hills Development provided the purchase price of any individual property does not exceed $120,000.00 and complies with all applicable conditions of the resolution.

(Resource Person: Michael Pullum – 4570) (Attachment #35 – 3 pages) (PR# 4924)

37. Durham Board of Adjustment - Mayor's Appointee

To extend the term of Spurgeon Thurston (Mayor's Appointee) on the Durham Board of Adjustment to expire on June 30, 2009 in accordance with the interlocal agreement.

(Resource Person: D. Ann Gray – 4166) (Attachment #37 – 1 page) (PR# 4961)

38. East Deck Façade Treatment (West and South Walls)

To approve the architectural façade treatment plan for the west and south walls of the East Deck.

(Resource Person: Alan DeLisle – 4965) (Attachment #38 - 8 pages) (PR# 4834)

39. This item can be found on the General Business Agenda.

40. Congestion Relief/Intermodal Transport Fund

To direct the City Manager to work with the 21st Century Transportation Committee and other stakeholders as appropriate to modify the draft bill titled "Congestion Relief/Intermodal Transport Fund" to ensure that the bill is acceptable to the City of Durham and that the financial needs of the City to operate the Durham transit system are adequately addressed.

(Resource Person: Mark Ahrendsen – 4366) (Attachment #40 – 15 pages) (PR# 4979)

41. This item can be found on the General Business Agenda.

[General Business Agenda]

39. End of Year Report

To receive a presentation on the Police Department's End of Year Report.

(Resource Person: Jose L. Lopez, Sr. – 4322) (PR# 4954)

41. Development Review Process

To receive a presentation on the Development Review Process.

(Resource Person: Theodore L. Voorhees - 4222) (PR# 4987)

[General Business Agenda – Public Hearings]

23. The Draft FY 2008-09 Annual Action Plan for the Use of CDBG, HOME and ESG Funds

To conduct a public hearing and receive public comments on the Draft 2008-2009 Annual Action Plan for the use of CDBG, HOME and ESG funds.

(Resource Person: Wilmur Conyers – 4570) (Attachment #23 - 11 pages) (PR# 4891)

24. Unified Development Ordinance (UDO) Text Amendment – Tuscaloosa-Lakewood Neighborhood Protection Overlay (TC06-08)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Tuscaloosa-Lakewood Neighborhood Protection Overlay (TC06-08); and

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 4, Zoning Districts.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #24 - 6 pages) (PR# 4878)

25. Zoning Map Change – Tuscaloosa-Lakewood Neighborhood Protection Overlay (Z06-46)

To conduct a public hearing and receive public comments on the zoning map change for Tuscaloosa-Lakewood Neighborhood Protection Overlay (Z06-46);

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 Z06-46 out of RS-10, RS-8, RS-M, RU-5, RU-5(2), RU-M, CN and placing same in and establishing same as RS-10, RS-8, RS-M, RU-5, RU-5(2), RU-M, CN; -P; 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, 9-1 on February 12, 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 and comments received during the public hearing.

[The site includes multiple properties north of Durham – Chapel Hill Boulevard, south of Lakewood Avenue, west of James Street and east of Chapel Hill Road.]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #25 - 22 pages) (PR# 4879)

26. Zoning Map Change – Exeter Apartments (Z0800005)

To conduct a public hearing and receive public comments on the zoning map change for Exeter Apartments (Z0800005);

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 Z0800005 out of RU-5(2) and placing same in and establishing same as RC; 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, 11-0 on March 11, 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 and comments received during the public hearing.

[The site is located at the east and west sides of North Goley Street, south of Morning Glory Avenue. PIN: 0831-14-44-0267, -1215, -1294, -1270, -1126, -2186, -3122, -2059, -43-1996, -2945)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #26 - 14 pages) (PR# 4882)

28. Street Closing - A Portion of Rustica Drive between Ed Cook Road and South Alston Avenue (SC07-11)

To conduct a public hearing on the permanent closing of a 1,412.33 linear foot portion of Rustica Drive between Ed Cook Road and South Alston Avenue.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #28 - 9 pages) (PR# 4883)

29. Right-of-Way Closing - Excess Right-of-Way for Martin Luther King, Jr. Parkway (SC07-12)

To conduct a public hearing to permanently close the excess right-of way for Martin Luther King, Jr. Parkway between Industry Lane and Fayetteville Road.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #29 - 9 pages) (PR# 4884)

[Adjournment]