THE BOARD OF COUNTY COMMISSIONERS
DURHAM, NORTH CAROLINA
Monday, April 7, 2008
9:00 A.M. Worksession
AGENDA
1. Citizen Comments
20 min.
1. Mr. Jack Steer, 2416 Dawn Trail, Durham, NC 27712, requested time on the agenda to speak to the Commissioners about the FY 2008/09 Budget.
2. Mr. Ralph McKinney Jr., 500 Fairfield Road, Durham, NC 27704, requested to speak to the Board about violence and racial division.
3. Ms. Gail Winton, 2625 Chapel Hill Road, Durham, NC 27707, requested to speak to the Commissioners about child abuse and protection.
4. Ms. Theresa El-Amin, PO Box 52731, Durham, NC 27717, requested to speak to the Commissioners about the prepared food sales tax.
2. Women's Commission—Removal of Tiketha Collins and Cheryl Dawes as Board Members due to Poor Attendance
10 min.
On June 26, 2006, the Board of County Commissioners appointed Cheryl Dawes to serve a full term on the Durham County Women's Commission; on August 28, 2006, the Board of County Commissioners appointed Tiketha Collins to serve a full term on the Durham County Women's Commission. Based on information from Women Commission Chairman Yvonne Dunlap, Ms. Dawes and Ms. Collins have failed to comply with the Policy and Procedures for Appointments to the County Boards, Commissions, Committees or Authorities, set forth by the County Commissioners. Section 1.(F) of the Policy states, "If an appointee has absences (excused or unexcused) which constitute more than 50% of the meetings in any calendar year which he or she is required to attend pursuant to his or her appointment, he or she is obligated to resign."
The Clerk to the Board's Office has attempted to contact both Ms. Collins and
Ms. Dawes several times via telephone, courier mail, and email, requesting their resignation; no response has been received.
County Manager's Recommendation: The Manager recommends that the Board suspend the rules and remove Ms. Collins and Ms. Dawes from the Women's Commission.
3. Annual Contract Performance: Downtown Durham, Inc.
15 min.
The Board of County Commissioners appropriated $55,000 to the Downtown Durham, Inc. (DDI) in Fiscal Year 2008 pursuant to a contract that requires the organization to submit an annual report in April. DDI representatives will present their finding and respond to questions that the Board may have.
Resource Person(s): Bill Kalkhof, President, Downtown Durham, Inc.
County Manager's Recommendation: The Manager recommends that the Board receive the report and advise the staff if any additional information or action is necessary.
4. Annual Contract Performance: Greater Durham Chamber of Commerce
15 min.
The Board of County Commissioners appropriated $128,000 to the Greater Durham Chamber of Commerce in Fiscal Year 2008 pursuant to a contract that requires the organization to submit an annual report in April. Chamber representatives will present their findings and respond to questions that the Board may have.
Resource Person(s): Casey Steinbacher, President, Greater Durham Chamber of Commerce
County Manager's Recommendation: The Manager recommends that the Board receive the report and advise the staff if any additional information or action is necessary.
5. Durham Center for Senior Life—Request to Modify Kitchen
15 min.
The Council for Senior Citizens has requested permission to modify the kitchen space currently housed in the Center for Senior Life. Specifically, the Council wants to divide what is now designated as the kitchen area into two spaces: a storage area and a multi-purpose room. The multi-purpose room would include sinks and provide space for caterers, meetings, etc. Costs for all modifications would be borne by the Council.
Resource Person(s): Gail Souare, Executive Director, Council for Senior Citizens; Mike Turner, General Services Director; Glen Whisler, County Engineer; and Carol Hammett, Assistant County Attorney
County Manager's Recommendation: The Manager recommends that the Board approve the request as presented.
6. American Tobacco East Parking Deck—Architectural Façade Treatments
20 min.
In 2007, the County of Durham entered into a performance contract for the provision of economic development incentive funds with Capitol Broadcasting Company, Inc. (CBC) for American Tobacco's Diamond View II office building and adjacent parking garage known as the East Deck. As a part of the agreement, CBC is to design and install architectural façade treatments to the west and south walls of the East Parking Deck if a residential wrapper is not built prior to the opening of the performing arts theater. The façade treatments are to be approved by the Durham Appearance Commission and the Board of County Commissioners. The Board is being asked to receive a presentation on the design of the architectural façade treatments, provide feedback, and approve them as per the contract.
The design was recommended for approval by the Durham City/County Appearance Commission on February 20, 2008 and is scheduled to go before the City Council on April 7, 2008 for consideration.
Resource Person(s): Carolyn P. Titus, Deputy County Manager; Glen Whisler, County Engineer; Carol Hammett, Assistant County Attorney; Michael Goodman, Capitol Broadcasting Company, Inc.; and Phil Szostak, Architect
County Manager's Recommendation: The Manager recommends that the Board receive the presentation, provide feedback, and if acceptable place on the April 14, 2008 meeting agenda for approval.
7. Update on Utilities Ordinance Amendment
10 min.
The Board is requested to receive a presentation on proposed amendments to Chapter 26 of the Durham County Code of Ordinances, Utilities. Articles 1, 2, and 4 of the Utilities Ordinance are to provide uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the County and enable the County to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 CFR, Part 403).
In an effort to better provide those uniform requirements and comply with changes to applicable laws and regulations, staff recommends several amendments to the Ordinance. The proposed amendments include:
· Consolidation of Article 1, entitled "In General" and Article 2, entitled "Sewer Service" into Article 4, entitled "Sewer Use"
· Updates related to the industrial pretreatment program incorporating federal and state pretreatment regulations,
· Adjusting the local limits for discharged pollutants into the system,
· Adding requirements for fats, oil & grease removal systems, including minimum design requirements and minimum maintenance,
· A prohibition of discharging waste from cleaning or jetting sewer lines,
· A requirement that each user shall pay their specific cost of lateral installation to the sewer collection system,
· The use of permit self-monitoring data for surcharge evaluations,
· The specific allowance for the Publicly Owned Treatment Works (POTW) director to require a continuously monitoring effluent flowmeter for users with sewer credits,
· Specifying that sewer credits are annual, and
· Specifying that users must immediately contact the Triangle Wastewater Treatment Plant of a discharge violation, and provide written notice to the POTW director within 24 hours.
As the amendments involve many sections of the Utilities Ordinance, the proposed Utilities Ordinance Articles 1, 2 and 4 are provided for your review in a lined version. A descriptive summary of the amendments is also provided. NCDENR Division of Water Quality has approved a previous draft of the proposed amendments concerning the updates related to the industrial pretreatment program and the local limits for pollutants of concern. The proposed amendment will become effective upon Board approval.
Resource Person(s): Glen Whisler, P.E., County Engineer; Joseph Pearce, P.E., Utility Division Manager; Carol Hammett, Assistant County Attorney; and Nadine Blackwell, United Water Regional Manager
County Manager's Recommendation: The County Manager recommends that the Board receive the presentation on the proposed amendments to Chapter 26 of the Durham Code of Ordinances, Utitilies, and schedule adoption of the amendments for April 14, 2008.
8. Donated Leave Policy
20 min.
The Human Resources Department has developed a Donated Leave Policy designed to provide temporary financial relief to employees facing a catastrophic illness or injury. The Donated Leave Policy establishes a Donated Leave Bank which will be funded by voluntary donations of vacation and/or sick leave from employees. The policy requires an employee to exhaust all available leave options before making application for donated leave. The Donated Leave Bank creates no additional financial liability for the organization as hours donated will be converted to its monetary equivalent.
Resource Person(s): Marqueta Welton, Director of Human Resources
County Manager's Recommendation: The Manager recommends that the Board review, discuss and approve the policy and authorize staff to implement the policy immediately.
9. County of Durham v. Lynne Graham
20 min.
The Board is requested 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, and 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; the decision in the first action did not constitute a final binding judgment under the doctrine of res judicata.
10. Discussion of Issues for Durham County Legislative Agenda
35 min.
An initial discussion was held on March 3 to begin the process of developing the Durham County Legislative Agenda for the upcoming General Assembly Short Session. Based on the input from members of the Board, additional items have been added for consideration. Staff will lead a discussion of proposed legislative issues. Following that conversation, a more complete listing will be developed for final approval prior to the start of the legislative session.
In addition, a meeting with the Durham Legislative Delegation has been calendared for 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., Friday, May 16 to bill drafting. Local Bills must be submitted to bill drafting by 4:00 p.m., 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 receive the proposed agenda and direct staff.
11. Closed Session
30 min.
The Board is requested to adjourn to closed session to discuss matters relating to the location or expansion of business or industry pursuant to G. S. 143-318.11(a)(4).
12. Public Hearing for Nonprofit Agencies Applying for FY 2008-2009 Funding
2 hrs.
To hear presentations from nonprofit organizations that applied for funding in the 2008-2009 Fiscal Year.
Resource Person(s): Pam Meyer, Budget & Management Services Director
County Manager's Recommendation: The Manager recommends receiving the nonprofit presentations.
______
5½ hrs.
City Council
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. 2008 Legislative Program – Short Session
To receive the recommendation of the Council's Legislative Committee; andTo adopt the City Council's 2008 Legislative Program.
(Resource Person: Karen Sindelar – 4158) (Attachment #1 – 19 pages) (PR# 4871)
2. Matching Requirements Compliance Audit (January, 2008)
To receive and accept the Matching Requirements Compliance Audit (January, 2008) as presented and approved at the February 25, 2008 meeting of the Audit Services Oversight Committee Meeting.(Resource Person: Kevin Neuman – 1319 ext. 235) (Attachment #2 - 10 pages) (PR# 4819)
3. Approval of City Council Minutes
To approve City Council Minutes for the March 3, 2008 City Council Meeting.(Resource Person: D. Ann Gray - 4166) (PR# 4840)
4. Equal Business Opportunity Program Advisory Committee – Receipt and Acceptance of Applications
To receive and accept applications for citizens to fill three (3) vacancies on the Equal Business Opportunity Program Advisory Committee to represent the categories of Non-SDBE Professional Services Firm Owner, Non-SDBE Construction Firm Owner and SDBE Professional Services Firm Owner with the terms expiring on April 1, 2010.(Due to a vacancy and the terms expiring of Monique Velasqueze and Charles T. Wilson Jr.)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 7 pages) (PR# 4845)
5. Durham Area Transit Authority – Receipt and Acceptance of Applications
To receive and accept an application for a citizen to fill one (1) vacancy on the Durham Area Transit Authority for a Regular Member. The term will expire on March 1, 2011.(Due to the expired term of Johnsie Williams)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 6 pages) (PR# 4851)
6. Citizens Advisory Committee – Receipt and Acceptance of an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Citizens Advisory Committee with a term to expire on June 30, 2009.(Due to a vacancy)
(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 3 pages) (PR# 4857)
7. Bid Report - February 2008
To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of February 2008.(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #7 - 6 pages) (PR# 4828)
8. Bids – Term Contract for Sodium Hypochlorite
To accept the bid from Oltrin Solutions in the amount of $271,440.00 for providing the City with its estimated two (2) year requirements for Sodium Hypochlorite;To authorize the City Manager to enter into a contract with Oltrin Solutions in the amount of $271,440.00 for providing the City with its estimated two (2) year requirements for Sodium Hypochlorite; and
To authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Persons: Joseph W. Clark – 4132 and Vicki Westbrook – 4381) (Attachment #8 - 5 pages) (PR# 4829)
9. Bids – Term Contract for Liquid Aluminum Sulfate
To accept the bid from General Chemical Performance Products LLC in the amount of $1,212,732.00 for providing the City with its estimated two (2) year requirements for Liquid Aluminum Sulfate;To authorize the City Manager to enter into a contract with General Chemical Performance Products LLC in the amount of $1,212,732.00 for providing the City with its estimated two (2) year requirements for Liquid Aluminum Sulfate; and
To authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Persons: Joseph W. Clark – 4132 and Vicki Westbrook – 4381) (Attachment #9 - 5 pages) (PR# 4830)
10. Bids – Term Contract for Liquid Zinc Orthophosphate
To accept the bid from Carus Phosphates, Inc. in the amount of $246,000.00 for providing the City with its estimated annual requirements for Liquid Zinc Orthophosphate;To authorize the City Manager to enter into a contract with Carus Phosphates, Inc. in the amount of $246,000.00 for providing the City with its estimated annual requirements for Liquid Zinc Orthphosphate; and
To authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #10 - 5 pages) (PR# 4831)
11. Bids – Term Contract for Hydrofluosilicic Acid
To accept the bid from Lucier Chemical Industries Ltd. in the amount of $222,800.00 for providing the City with its estimated annual requirements for Hydrofluosilicic Acid;To authorize the City Manager to enter into a contract with Lucier Chemical Industries Ltd. in the amount of $222,800.00 for providing the City with its estimated annual requirements for Hydrofluosilic Acid; and
To authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Persons: Joseph W. Clark – 4132 and Vicki Westbrook – 4381) (Attachment #11 - 5 pages) (PR# 4832)
12. Water and Sewer Extension Agreement with G & W Dream Homes, Inc.
To authorize the City Manager to enter into a water and sewer extension agreement with G & W Dream Homes, Inc. to serve Bivins Creek Subdivision; andTo 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 ext. 283) (Attachment #12 - 10 pages) (PR# 4788)
13. Water and Sewer Extension Agreement with Rhein Brightleaf, LLC to Serve Brightleaf Tract 3 Outparcel
To authorize the City Manager to enter into a water and sewer extension agreement with Rhein Brightleaf, LLC to serve Brightleaf Tract 3 Outparcel; andTo 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 #13 – 11 pages) (PR# 4859)
14. This item can be found on the General Business Agenda.
15. Execution of a Contract with the Wooten Company for Acquisition and Relocation Services for the Rolling Hills Development Project
To authorize the appropriation of required funds from 1996 Housing Bond program income;To authorize the City Manager to execute a contract with the Wooten Company to provide acquisition and relocation services for the Rolling Hills Development project in an amount not to exceed $199,140.00; and
To authorize the City Manager to make changes to the contract which does not increase the agreement amount, lessen the Wooten Company duties, or extend the term of the agreement beyond October 2009.
(Resource Person: Larry Jarvis – 4570 ext. 273) (Attachment #15 - 18 pages) (PR# 4839)
16. Sub-recipient Agreement – Operation Breakthrough Weatherization Program
To authorize the expenditure of $80,000.00 in CDBG Funds;To authorize the City Manager to execute a sub-recipient agreement with Operation Breakthrough, Inc. to support the Weatherization/Energy Efficient Conservation Program; and
To authorize the City Manager to make changes to the agreement that does not increase the contract amount, lessen the contractor's duties, or extend the term of the contract beyond April 30, 2009.
(Resource Person: Donald R. Ham – 4570 ext. 257) (Attachment #16 - 20 pages) (PR# 4843)
17. Loan Portfolio Reports – Foreclosure and Delinquency Reports for the Loan Portfolio and Community Reinvestment Association of NC Foreclosure Report
To receive the following reports from the Administration on the community development loan portfolio in response to requests for information regarding the community development loan portfolio's foreclosure and delinquency rates and foreclosure rates for the City and North Carolina. Reports include:1. Monthly Loan Portfolio Report, as of February 29, 2008
2. Foreclosure report, fiscal years 2006 and 2007
3. Empty Housing and Broken Dreams, an Analysis of the Impact of Foreclosures in Durham's Neighborhoods, a report from Community Reinvestment Association of North Carolina issued on February 25, 2008
4. 2007 NC Legislative Overview – Housing and Foreclosure, a report from the North Carolina Justice Center
(Resource Person: Julie Quinn – 4570 ext. 248) (Attachment #17 - 38 pages) (PR# 4844)
19. This item can be found on the General Business Agenda.
20. Setting the Date for a Public Hearing on the Draft FY 2008-09 Annual Action Plan
To set a public hearing for April 21, 2008 on the Draft FY2008-2009 Annual Action Plan.(Resource Person: Wilmur Conyers – 4570 ext. 277) (Attachment #20 - 2 pages) (PR# 4873)
21. Business Loan Report January 2008
To accept the business loan report for January 2008(Resource Person: Chris Dickey – 4965 ext. 204) (Attachment #21 – 5 pages) (PR# 4824)
22. 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 #22 - 6 pages) (PR# 4834)
24. Architectural Design Services Agreement for Water Infiltration Design Repair at the Solid Waste Operations Facility
To authorize the City Manager to execute a design services agreement with Gurlitz Architectural Group, PA for the design of Solid Waste's water infiltration design repair project for $49,796.00;To authorize the City Manager to establish a project contingency in the amount $4,980.00 authorizing the City Manager to negotiate and execute change orders not exceeding such amount; and
To adopt a resolution, pursuant to N. C. General Statute §143-64.32, exempting the Solid Waste Water Infiltration design repair Project from N. C. General Statute §143-61.31.
(Resource Person: Lisa R. Smith – 4197 ext. 273) (Attachment #24 - 48 pages) (PR# 4856)
25. Lease Agreement with S&H Services, Inc. at the Durham Civic Center
To authorize the City Manager to execute the lease with S&H Services, Inc. for office space in the Durham Civic Center; andTo authorize the City Manager to make changes to the lease provided such changes do not materially affect the intent and purpose of the lease and agenda memo.
(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #25 - 13 pages) (PR# 4858)
26. Professional Services Agreement for Leigh Farm Park Restoration and Reconstruction Project
To authorize the City Manager to execute an Agreement for Design of Leigh Farm Restoration and Reconstruction with HagerSmith Design PA in an amount not to exceed $58,421.00;To authorize the City Manager to make changes to the contract before executing it if the changes do not increase the fee to be paid by the City and do not decrease the goods and services to be provided to the City;
To establish a project contingency in the amount of $5,092.00;
To authorize the City Manager to negotiate and execute change orders on the Design of Leigh Farm Restoration and Reconstruction Agreement provided the total project cost does not exceed the amount budgeted for design phase services plus the project contingency;
To authorize the City Manager to negotiate and execute Amendment No. 1A to Preconstruction Services Amendment with Skanska USA Building for preconstruction services for the Leigh Farm Park Restoration and Reconstruction project in an amount not to exceed $5,354.00; and
To adopt a resolution, pursuant to N.C.G.S. 143-64.32, exempting the Leigh Farm Restoration and Reconstruction Project from N.C.G.S. 143-64.31.
(Resource Person: Lamarco M. Morrison – 4197 ext. 22) (Attachment #26 - 42 pages) (PR# 4860)
27. Lyon Park Management Agreement - Extension
To authorize the City Manager to execute an amendment to the management agreement for the Community Family Life and Recreation Center at Lyon Park with Calvary Ministries of the Westend, Inc. to extend the term to June 30, 2008; andTo 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: Rhonda Parker and Ruben Wall – 4355) (Attachment #27 – 19 pages) (PR# 4876)
28. SAFIS Livescan Equipment Grant
To authorize the City Manager to accept the State of North Carolina, State Bureau of Investigation, Department of Justice, SAFIS Livescan Equipment Grant by executing the grant documents; andTo adopt the State of North Carolina, State Bureau of Investigation, Department of Justice, SAFIS Livescan Equipment grant project ordinance in the amount of $23,780.00.
(Resource Person: Steve Mihaich – 4322) (Attachment #28 - 12 pages) (PR# 4852)
29. Inter-Local Agreement with North Carolina Department of Transportation and the City of Raleigh for Funding the Intelligent Transportation Systems (ITS) Strategic Deployment Plan (SDP) and Grant Project Ordinance
To authorize the City Manager to execute a Inter-local Agreement between North Carolina Department of Transportation, the City of Raleigh, and the City of Durham for the development of the ITS strategic deployment plan update;To authorize the City Manager to modify the agreement 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; and
To adopt the Grant Project Ordinance.
(Resource Person: Felix Nwoko – 4366) (Attachment #29 - 10 pages) (PR# 4796)
30. Appeal of the Revocation of Three "On Time Taxi" Taxicab Operating Permits
To refer the appeal back to the Passenger Vehicle for Hire Commission for further consideration.(Resource Person: Gracie Chamblee – 4366) (Attachment #30 – 4 pages) (PR# 4846)
31. Construction Contract with H. G. Reynolds, Inc. for the Water Treatment Reliability Improvements Project
To adopt an Ordinance Amending the water and wastewater Capital Improvement Project Ordinance, Fiscal Year 2007-08, as amended, the same being Ordinance #13429 for the purpose of reducing sewer projects and increasing water projects by $800,000.00 with no change to the total ordinance;To authorize the City Manager to execute a contract with H.G. Reynolds, Inc. for construction services for the Water Treatment Reliability Improvements Project in the total amount not to exceed $1,522,440.00;
To establish a contingency fund for the contract of $41,244.00;
To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $41,244.00 and the total project cost does not exceed $1,563,684.00; and
To authorize the City Manager to modify the contract before execution provided the modifications do not increase the dollar amount of the contract and are consistent with the general intent of the version of the contract approved by City Council.
(Resource Person: Nancy Newell – 4381) (Attachment #31 - 5 pages) (PR# 4841)
32. Contract SR-46, East Durham Outfalls Replacement Project, Phase III
To authorize the City Manager to execute a contract with Gaines and Company for construction services for the SR-46 Project in the total amount $1,437,807.25;To establish a contingency fund for the contract of $287,592.75;
To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $287,592.75 and the total project cost does not exceed $1,714,400.00; and
To authorize the City Manager to modify the contract before execution provided the modifications do not increase the dollar amount of the contract and are consistent with the general intent of the version of the Contract approved by City Council.
(Resource Person: James E. Harding – 4381) (Attachment #32 - 3 pages) (PR# 4850)
35. This item can be found on the General Business Agenda – Public Hearings.
37. Recodifying the City Code and Adopting a Fee Schedule
To conduct a public hearing and receive public comments on the proposed revised city code and fee schedule;To adopt the Ordinance Repealing the 1982 City Code and Adopting a Revised City Code;
To adopt the Ordinance to Make Corrections to and to Fill Omissions in the 2008 City Code;
To adopt the Ordinance to Adopt the Fee Schedule;
To adopt the Ordinance to Amend Section 50-86 of the City Code with Respect to Penalties for Violation of the Taxicab Ordinances; and
To adopt the Resolution Revising Resolution Establishing Fees, Rates and Charges on Certain Delinquent and Past Due Accounts.
(Resource Person: Richard Weintraub – 4158) (Attachment #37 - 84 pages) (PR# 4825)
38. Interlocal Agreement with Durham County for Sustainability Program
To authorize the City Manager to execute an interlocal agreement with Durham County that establishes a sustainability program, including a position of Sustainability Coordinator to implement the Greenhouse Gas Local Action Plan; andTo authorize the City Manager to modify the agreement 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.
(Resource Person: Theodore L. Voorhees – 4222) (Attachment #38 – 8 pages) (PR# 4898)
[General Business Agenda]
14. HOME Investment Partnership Agreement with Housing for New Hope, Inc. Providing $252,000.00 in HOME Funds to Support the Construction of Williams Square Apartments Phase I
To authorize the expenditure of $252,000.00 in HOME funds for the purpose of affordable housing;To authorize the City Manager to execute a loan agreement and related legal documents with Housing for New Hope, Inc. in an amount not to exceed $252,000.00 funded from FY 07-08 HOME funds, in the form of a construction/permanent loan for Williams Square Apartments Phase I; and
To authorize the City Manager to modify the loan agreement and other related documents before execution, provided that the modifications do not increase the dollar amount of the agreement and do not lessen the obligations of the contractor.
(Resource Person: Richard Valzonis – 4570) (Attachment #14 – 70 pages) (PR# 4835)
19. Award of Funding to Housing for New Hope and CASA (Community Alternatives for Supportive Abodes) for Special Needs Housing
To authorize the expenditure of $300,000.00 in budgeted general funds for the purpose of affordable housing for persons with special needs;To authorize the expenditure of $95,000.00 in general funds from the sale of City-owned properties at 410-426 N. Roxboro Road and 308 Elliott Street and/or 218 N. Dillard Street, subject to the closing of those sales transactions, for the purpose of affordable housing for persons with special needs;
To authorize the expenditure of $20,000.00 in HOME CHDO funds and $191,079.00 in CDBG program income;
To authorize the City Manager to execute a general fund grant agreement with Housing for New Hope in the amount of $280,000.00;
To authorize the City Manager to make changes to the grant agreement prior to execution which do not increase the grant amount or lessen the grantee's duties;
To authorize the City Manager to execute a general fund permanent loan agreement and other related legal documents in the amount of $115,000.00 that is forgiven over a period of 20 years at 0%, a CDBG grant agreement in the amount of $191,079.00 and a HOME CHDO grant agreement in the amount of $20,000.00 with Community Alternatives for Supportive Abodes;
To authorize the City Manager to make changes to the agreements prior to execution that do not increase loan and/or grant amounts or lessen the duties of Community Alternatives for Supportive Abodes;
To adopt an Ordinance Amending the General Capital Improvement Project Ordinance, Fiscal Year 2007-08, as amended, the same being Ordinance #13428 for the purpose of recognizing revenue of $154,500.00 for the reserve for special projects; and
To adopt an Ordinance Amending the FY2007-08 City of Durham Budget Ordinance, the same being Ordinance4 #13451.
(Resource Person: Larry Jarvis – 4570 – 273) (Attachment #19 - 107 pages) (PR# 4855)
[General Business Agenda – Public Hearings]
35. Unified Development Ordinance (UDO) Text Amendment – Sidewalks (TC07-20)
To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Sidewalks (TC07-20); andTo adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 12, Infrastructure and Public Improvements.
(Resource Person: Steven L. Medlin, AICP – 4137 ext. 233) (Attachment #35 – 4 pages) (PR# 4833)
[Supplimental Agenda]
39. Reinstatement of Durham Workforce Development Board Members
To reinstate Dr. Carl Harris and Denise Motley-Johnson to the Durham Workforce Development Board (DWDB).(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #39 – 4 pages) (PR# 4900)
40. The City of Durham and City of Raleigh Long Range Transportation Plan Revenue Element Grant Project Ordinance
To adopt the City of Durham and City of Raleigh Long Range Transportation Plan Revenue Element Grant Project Ordinance.(Resource Person: Andy Henry – 4366) (Attachment #40 – 1 page) (PR# 4761)
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