City Council meeting Monday and missed BOCC agenda

The City Council agenda is below, followed by the agenda for the BOCC meeting I missed June 9th. They are also online at www.durhamnc.gov/agendas/ and www.co.durham.nc.us/departments/bocc/.

Among the agenda items tomorrow are zoning requests along Crooked Creek (near the corner of Fayetteville Rd. and Highway 54), Northeast Creek in RTP and north, New Hope Creek by Erwin Rd., and elsewhere, and a decision on increased frequency of voluntary annexation hearings, as Mayor Bell proposed recently. Apparently the City uses natural gas generated by its landfills and there is an item about opposing Duke Energy's Save-A-Watt program.

It is too late now, but the BOCC had a hearing on the new budget last Monday.

Monday evening at 7pm is also when Rep. David Price is hearing from constitutents at the Musuem of Life and Science.

I neglected to mention in the previous post that the printed issue has articles on Obama and the anti-torture actions last fall in Smithfield.

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 May 5, 2008 City Council Meeting; and

To approve City Council action taken at the May 8, 2008 City Council Work Session.

(Resource Person: D. Ann Gray – 4166) (PR# 5157)

2. Citizens Advisory Committee - Appointment

To reappoint DeWarren K. Langley to the Citizens Advisory Committee with the term to expire on June 30, 2011.

Note: At the Work Session on June 5, 2008 Mr. Langley received six (6) votes.

(Due to the terms expiring of DeWarren K. Langley)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 3 pages) (PR# 5144)

3. Mayor's Nominee for Appointment to the Durham Housing Authority Board of Commissioners

To reappoint Thomas Niemann to the Durham Housing Authority Board of Commissioners with the term to expire on September 28, 2012.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 3 pages) (PR# 5148)

4. Housing Appeals Board - Appointments

To reappoint Chandra T. Taylor (representing Tenant) and Tiffany Dawn Russell (representing Finance) as Regular Members to the Housing Appeals Board with terms to expire on June 30, 2011.

Note: At the Work Session on June 5, 2008 Ms. Taylor and Ms. Russell received six (6) votes.

(Due to the terms expiring of Tiffany Dawn Russell and Chandra T. Taylor)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 6 pages) (PR# 5145)

5. Durham City-County Appearance Commission - Appointment

To reappoint Rebecca Wellborn to the Durham City-County Appearance Commission with the term to expire on April 1, 2011.

Note: At the Work Session on June 5, 2008 Ms. Wellborn received five (5) votes.

(Due to the term expiring of Rebecca Wellborn)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 6 pages) (PR# 5146)

6. Durham Bicycle & Pedestrian Advisory Commission - Appointment

To appoint Merry G. Rabb to the Durham Bicycle & Pedestrian Advisory Commission with the term to expire on August 31, 2008.

Note: At the Work Session on June 5, 2008 Ms. Rabb received six (6) votes. (Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 6 pages) (PR# 5147)

7. Bid Report – April 2008

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of April 2008.

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #7 - 11 pages) (PR# 5123)

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

9. Annual Report - Design District Review Team

To receive the 2007 Annual Report of the Design Review Team.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #9 - 3 pages) (PR# 5121)

10. Street Closing - A 302.35 Linear Foot Unnamed Right-of-Way Between Iredell Street and Broad Street (SC07-16)

To adopt a Resolution to set a public hearing on the proposed closing of a 302.35 linear foot unnamed right-of-way between Iredell Street and Broad Street for August 4, 2008.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #10 - 6 pages) (PR# 5119)

11. Major Site Plan – Avon Townes (D06-982)

To approve a major site plan for "Avon Townes," submitted by Tony M. Tate Landscape Architecture, P. A. on behalf of Perimeter Developers, LLC, for 144 apartment units with 305 parking spaces on an 18.39 acre site, zoned Planned Development Residential-10.000 (PDR-10.000).

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #11 - 13 pages) (PR# 5122)

12. Major Site Plan – Southpoint Professional Center Phase II (D06-971)

To approve a major site plan for "Southpoint Professional Center Phase II," submitted by Coulter Jewell Thames, P.A. on behalf of Crooked Creek Development LLC, for a 64,500 square foot three-story office building with 182 motor vehicle parking spaces on a 5.3 acre site zoned Office Institutional (OI(D)) and Falls/Jordan Protected Area (F/J-B) watershed overlay.

[The property is located at 253 NC 54 Highway, on the south side of Crooked Creek Parkway, east of Fayetteville Road, west of Windcrest Road, and north of NC 54 Highway. PIN 0728-01-16-0792]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #12 - 13 pages) (PR# 5190)

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

14. Amendment to the Home CHDO Grant Agreements between Durham Community Land Trustees, Inc. and the City of Durham for Support of a Construction Manager and Site Acquisition and Demolition Activities

To authorize the City Manager to execute an Amendment to the existing HOME CHDO Grant Agreement for Acquisition and Demolition to extend the term from April 15, 2008 to October 15, 2008; and

To authorize the City Manager to execute an Amendment to the existing HOME CHDO Operating Agreement for Support of a Construction Manager to extend the term from April 15, 2008 to October 15, 2008.

(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #14 - 7 pages) (PR# 5138)

15. CDBG Permanent Loan Agreement with Self Help Credit Union and the City of Durham

To authorize the expenditure of up to $100,000.00 additional funds from CDBG Program Income;

To authorize the City Manager to execute a Permanent Loan Agreement and associated legal documents with Self Help Credit Union for additional funding in an amount not to exceed $100,000.00; and

To authorize the City Manager to modify the 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: Shepherds Smith – 4570 ext. 227) (Attachment #15 - 32 pages) (PR# 5139)

16. Amendment to the Andover Apartments I Construction/Permanent Loan Agreement between Housing for New Hope (Formerly New Directions for Downtown, Inc.), and the City of Durham

To authorize the City Manager to execute an Amendment to the existing Agreement with Housing for New Hope, Inc. to change the Eligible Tenants income limits to 30% of Area Median Income.

(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #16 - 5 pages) (PR# 5140)

17. Amendment to the Andover Apartments II Construction/Permanent Loan Agreement between Housing for New Hope (Formerly New Directions for Downtown, Inc.), and the City of Durham

18. Amendment to the Home CHDO Grant Agreement Between Rebuild Durham, Inc., and the City of Durham for the Purchase and Rehabilitation of Five (5) Residential Units to Rent to Low-Moderate Income Families

To authorize the City Manager to execute an Amendment to the existing HOME CHDO Grant Agreement for Acquisition and Rehabilitation to extend the term from June 30, 2008 to December 31, 2008.

(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #18 - 4 pages) (PR# 5149)

20. Amendment to Contract #1738 County of Durham, Durham Center

To authorize the City Manager to execute an Amendment to the existing HOME contract with the Durham Center to extend the term from March 31, 2008 to November 31, 2008.

(Resource Person: Susan Solakian – 4570 ext. 250) (Attachment #20 - 4 pages) (PR# 5131)

21. Adoption of U.S. Department of Housing and Urban Development (HUD) Economic Development Initiative (EDI) – Special Projects FY 2001 Grant Project Ordinance Superseding Project Ordinance No. 12026

To authorize the City Manager to accept the U.S. Department of Housing and Urban Development Economic Development Initiative (EDI) Special Projects FY 2001 Grant by executing the grant documents; and

To adopt the U.S. Department of Housing and Urban Development Economic Development Initiative (EDI) Special Projects FY 2001 Grant Project Ordinance Superseding Ordinance No. 12026.

(Resource Person: Michael Pullum – 4570 ext. 241) (Attachment #21 - 3 pages) (PR# 5186)

23 – 27. These items can be found on the General Business Agenda.

28. Liability Claims Adjusting Service Contract Extension

To authorize the City Manager to negotiate and execute an extension of the current contract with the Inter-local Risk Financing Fund of North Carolina for liability claims adjusting services to be performed by the North Carolina League of Municipalities; and

To authorize the City Manager to modify the terms of the proposed contract amendment prior to execution provided that the modifications are consistent with the intent and purposes of the original contract.

(Resource Person: Arche McAdoo – 4455 ext. 223) (Attachment #28 - 2 pages) (PR# 5130)

29. Mutual Aid Agreement with North Chatham Fire Department

To authorize the City Manager to enter into a Mutual Aid Agreement with the North Chatham Fire Department.

(Resource Person: Bruce T. Pagan, Jr., - 4242 ext. 222) (Attachment #29 - 6 pages) (PR# 5115)

30. Supplemental Fire Protection Contract Renewal for the Parkwood Fire Department

To authorize the City Manager to execute a renewal amendment to the contract with the Parkwood Volunteer Fire Department to provide Supplemental Fire Protection to the Parkwood 97 Annexation Area; and

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

(Resource Person: Bruce T. Pagan, JR. – 4242 ext. 222) (Attachment #30 - 6 pages) (PR# 5126)

31. Addendum and Extension of Settlement Agreement between the United States of America and the City of Durham, North Carolina under the Americans with Disabilities Act in DJ# 204-54M-63

To authorize the City Manager to execute an Addendum and Extension to the Settlement Agreement Effective on September 26, 2005 between the United States of America and the City of Durham, North Carolina Under the Americans with Disabilities Act in DJ# 204-54M-63; and

To authorize the City Manager to make changes to the Addendum and Extension provided such changes do not materially affect the intent and purpose of the Settlement Agreement.

(Resource Person: Stacey Poston – 4197 ext. 254) (Attachment #31 - 6 pages) (PR# 5156)

32. Donation of Vacant Parcels 1300 Grove Street - Parcel 110935, 1400 and 1402 Clarendon Street – Parcels 100979 and 110978

To accept the following donations subject to receipt of a favorable Phase I Environmental Report, property conveyed by a General Warranty Deed, and clear title to each property identified as (1) Parcel ID # 110935, (1300 Grove Street) from Thomas M. Owen and Patricia F. Owen; Parcel ID # 100979, (1400 Clarendon Street) and Parcel ID # 100978, (1402 Clarendon Street) from R & K Real Estate Group, LLC; and

To authorize payment for Phase I Environmental Assessment Reports and other related closing expenses.

(Resource Person: Donna Lunsford – 4197 ext. 241) (Attachment #32 - 7 pages) (PR# 5161)

33. Walltown Park Recreation Center CMAR Construction Services Amendment

To authorize the City Manager to negotiate and execute an Amendment No. 2- with Skanska USA Building for construction for the Walltown Park Recreation Center project if the final Guaranteed Maximum Price does not exceed $5,588,518.00;

To establish a project contingency equal to the difference between $6,930,375.00 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 Old Walltown Park Recreation Center project provided the total project cost does not exceed the amount budgeted for construction phase services plus the project contingency.

(Resource Person: John Paces-Wiles – 4197 ext. 252) (Attachment #33 - 8 pages) (PR# 5162)

34. Proposed Sale of House Located at 1018 Burch Avenue by Private Sale to Durham Community Land Trustees, Inc.

To declare the house at 1018 Burch Avenue surplus;

To adopt a Resolution authorizing the private sale of the house at 1018 Burch Avenue to Durham Community Land Trustees, Inc. for $31,435.00 under G. S. 160A-279; and

To authorize the City Manager to sell and the Mayor to convey the house with a non-warranty deed.

(Resource Person: Sandra K. Harper – 4197) (Attachment #34 - 4 pages) (PR# 5163)

35. Parking Systems Management Services Contract

To authorize the City Manager to execute a three year contract with Lanier Parking Systems of North Carolina, Inc. to provide professional parking system management services and to be compensated in the amount of $3,328,061, plus additional fees for special events parking estimated to be $25,000.00 over the term of the contract, starting July 21, 2008; 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: Harmon E. Crutchfield – 4197) (Attachment #35 - 62 pages) (PR# 5172)

36. Contract and Interlocal Agreement for Domestic Violence Court ADA Position

To authorize the City Manager to execute an interlocal agreement and a contract between the City of Durham and the County of Durham under which $31,500.00 will be reimbursed to the County to fund a portion of the salary and benefits for one (1) Asst. District Attorney position for the 14th Judicial District to prosecute domestic violence cases for the period of July 1, 2008 through June 30, 2009; and

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

(Resource Person: Delilah Donaldson – 4107 ext. 246) (Attachment #36 - 4 pages) (PR# 5141)

37. Contract for Domestic Violence Project and Community Life Court

To authorize the City Manager to execute a contract between the City of Durham and the Administrative Office of the Courts (AOC) under which the AOC will expend City funds to continue to support salary and benefits for a judge to hear domestic violence cases in the community and a victim legal assistant in the amount of $122,800.00; and

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

(Resource Person: Delilah Donaldson – 4107 ext. 246) (Attachment #37 - 9 pages) (PR# 5150)

38. 2008-09 Benefits Recommendation

To approve the 2008-09 Employee Benefits Program for plan year September 1, 2008 through August 31, 2009.

(Resource Person: Virginia Jones – 4214) (Attachment #38 – 29 pages) (PR# 5176)

39. Approval of the Grant Award for Durham Youth Council to Refurbish Lawns to Senior's in Need

To authorize the City Manager to accept the North Carolina State Youth Advisory Council Mini-Grant by executing the grant documents; and

To adopt the North Carolina State Youth Advisory Council Mini-Grant Ordinance in the amount of $500.00.

(Resource Person: Evelyn Scott – 4222) (Attachment #39 - 9 pages) (PR# 5061)

40. Lease Agreement for the Police Department District #3 Substation

To authorize the City Manager to execute a three-year lease agreement with Durham Shopping Center, LLC for Police Department District #3 Substation in the total amount of $137,200.00; and

To authorize the City Manager to make changes to the lease prior to execution provided such changes do not change the intent of the agenda memo or increase the monthly rental expenses.

(Resource Person: Mark Sykes – 4322 ext. 265) (PR# 5104)

41. Lease Agreement for the Police Department District #2 Substation

To authorize the City Manager to execute a eight-year lease agreement with Majaja, Inc. for Police Department District #2 Substation in the total amount of $842,832.00; and

To authorize the City Manager to make changes provided such changes do not increase the rental rate or change the substance of the lease agreement.

(Resource Person: Lew Wardell – 4155) (Attachment #41 - 29 pages) (PR# 5155)

42. NC Department of Transportation Utility Agreement B-4109

To authorize the City Manager to execute a utility agreement with the NCDOT for the relocation of water and sewer lines along Pickett Road in the vicinity of the Mud Creek Bridge;

To authorize the expenditure of $98,030.00 from the Water Extensions and Improvements Account;

To establish a contingency fund in the amount of $19,606.00 (20%);

To authorize the expenditure of $109,400.00 from the Sewer Extensions and Improvements Account; and

To establish a contingency fund in the amount of $21,880.00 (20%) for the relocation of these utilities; and

To authorize the City Manager to expend contingency funds associated with this project if necessary to complete the project.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #42 - 5 pages) (PR# 5152)

43. Cart Rental, Delivery, Repair and Maintenance Services

To authorize the City Manager to execute a contract between the City of Durham and Otto Container Management, LLC, to provide cart rental, delivery, repair, and maintenance services for a period of five years effective July 1, 2008 and ending June 30, 2013; and

To authorize the City Manager to modify the contract prior to 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: Donald M. Long – 4186 ext. 222) (Attachment #43 - 23 pages) (PR# 5128)

44 – 45. These items can be found on the General Business Agenda.

46. E-Mail Management and Archival Solution

To authorize the City Manager to purchase an e-mail management and archival solution through CDW-G and EMC in the amount of $110,940.00; and

To authorize the City Manager to modify the agreement 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 agreement.

(Resource Person: Bill Hess – 4122 ext. 231) (Attachment #46 - 4 pages) (PR# 5133)

47. Landfill Gas Utilization, Cooperation and Royalty Agreement between the City of Durham and MP Durham, LLC

To authorize the City Manager to execute the Landfill Gas Utilization Cooperation and Royalty Agreement with MP Durham, LLC; and

To authorize the City Manager to modify the contract before execution provided the modifications are consistent with the general intent of the version of the contract approved by City Council.

(Resource Person: Nancy Newell – 4381) (Attachment #47 - 17 pages) (PR# 5118)

48. Agreement between Cary and Durham Establishing Conditions for the Purchase of Water - Amendment No. 1

To authorize the City Manager to execute Amendment No. 1 to the Agreement between Cary and Durham establishing Conditions for the Purchase of Water; 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 #48 – 6 pages) (PR# 5134)

49. Contract SR-39, Chemical Control of Sanitary Sewer Root Intrusion

To authorize the City Manager to execute a contract with Duke's Root Control, Inc for SR-39, Chemical Control of Sanitary Sewer Root Intrusion services for a cost not to exceed $345,543.48; and

To authorize the City Manager to make changes to the Contract provided the changes do not increase the amount to be paid by the City and do not decrease the goods and services provided to the City.

(Resource Person: James E. Harding – 4381 ext. 260) (Attachment #49 - 3 pages) (PR# 5159)

50. New Elevated Storage Tank Engineering Design Services Contract

To authorize the City Manager to negotiate a contract with Kimley-Horn & Associates for the New Elevated Storage Tank Engineering Design for a cost not to exceed $441,100.00;

To establish a contingency fund for the contract of $70,000.00;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $70,000.00 and the total project cost does not exceed $511,100.00; and

To authorize the City Manager to make changes to the contract provided the changes do not increase the amount to be paid by the City and do not decrease the goods and services to be provided to the City.

(Resource Person: Donald F. Greeley – 4381) (Attachment #50 - 3 pages) (PR# 5182)

51. Sanitary Sewer Flow Monitoring Network Improvements Contract Amendment – Ads Environmental Services

To authorize the City Manager to execute a contract amendment with ADS Environmental Services, Inc. for the Sanitary Sewer Flow Monitoring Network Improvements Contract in an amount of $7,768.32 for a total project cost not to exceed $833,484.32; and

To authorize the City Manager to make changes to the contract before execution provided the changes do not increase the amount to be paid by the City and do not decrease the goods and services to be provided to the City.

(Resource Person: Donald F. Greeley – 4381) (Attachment #51 - 3 pages) (PR# 5183)

54 – 59. These items can be found on the General Business Agenda – Public Hearings.

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

67. Duke Save-A-Watt

To adopt a resolution of the City Council of the City of Durham on Duke Energy's Save-A-Watt Proposal; and

To authorize the City Manager and City Attorney to participate in the Save-A-Watt docket and other energy efficiency dockets before the North Carolina Utilities Commission in order to oppose the Save-a-Watt program as now proposed, and to seek comprehensive, coherent and cost-effective energy efficiency programs which save energy and reduce greenhouse gas emissions, and which are fairly funded by electricity and gas customers in proportion to their energy use.

(Resource Person: Sherri Rosenthal – 4158) (Attachment #67 - 6 pages)

69 – 70. These items can be found on the General Business Agenda – Public Hearings.

[General Business Agenda]

13. Fiscal Year 2008-09 Budget Matters

To adopt the FY2008-09 City of Durham Budget Ordinance, Capital Improvement Plan Ordinances, and other related ordinances:

Fiscal Year 2008-09 City of Durham Budget Matters

a) Fees

1) To adopt a resolution superseding resolution #9474 approving Parks and Recreation Fee changes.

2) To adopt a resolution establishing fees and surcharges charged by the Durham Planning Department.

3) To adopt a resolution establishing fees charged by the Solid Waste Department for cart rental and maintenance, roll-off container rental, dumpster rental services, bulky item pick up and stationary container bulky item removal.

b) To authorize the City Manager to execute Non-City Agency contracts as recommended in the attachment and to make amendments to the Non-City Agency contracts that do not increase the contract sum.

c) Capital Project Ordinances

1) To adopt the City of Durham General Capital Improvements Projects Ordinance Fiscal Year 2008-09.

2) To adopt the City of Durham Water and Wastewater Capital Improvements Project Ordinance Fiscal Year 2008-09.

3) To adopt the City of Durham Stormwater Capital Improvements Project Ordinance Fiscal Year 2008-09.

d) Grant Project Ordinances

1) To adopt the City of Durham Employment and Training Grant Project Ordinance July 1, 2008 – June 30, 2010.

2) To adopt the City of Durham and North Carolina Department of Transportation Section 104(F) and Section 133(B)(3)(7) Transportation Planning Grant Project Ordinance.

3) To adopt the City of Durham Grant Project Ordinance Fiscal Year 2008-09 Transit Planning and Capital Grants.

4) To adopt a revision of grant project ordinance #13433 the City of Durham Grant Project Ordinance Fiscal Year 2007-08 Transit Planning and Capital Grants.

5) To adopt the City of Durham and U.S. Department of Justice Federal Asset Forfeiture Funds Grant Project Ordinance Fiscal Year 2008-09.

6) To adopt the City of Durham and State of North Carolina Controlled Substance Abuse Funds Grant Project Ordinance Fiscal Year 2008-09.

7) To adopt the City of Durham and U.S. Department of Justice 2007 Bulletproof Vest Partnership Program Grant Project Ordinance Fiscal Year 2008-09.

8) To adopt the City of Durham and Federal Task Team Initiatives Fiscal Year 2007 Grant Project Ordinance Fiscal Year 2008-09.

9) To adopt the City of Durham and U.S. Department of Justice 2008 Gang Resistance Education and Training (G.R.E.A.T.) Project Ordinance Fiscal Year 2008-09.

10) To adopt a revision of grant project ordinance #13437 the City of Durham and State of North Carolina Controlled Substance Abuse Funds Grant Project Ordinance Fiscal Year 2007-08.

11) To adopt a revision of grant project ordinance #13489 the City of Durham and U.S. Department of Justice Federal Asset Forfeiture Funds Grant Project Ordinance Fiscal Year 2007-08.

12) To adopt a revision of grant project ordinance #13472 the City of Durham and N.C. Department of Crime Control and Public Safety, Division of Governor's Crime Commission, "2008 Comprehensive Anti-Gang Initiative" Grant Project Ordinance Fiscal Year 2007-08.

13) To adopt the City of Durham and the U.S. Department of Justice FY2009 Hayti Weed and Seed Initiative Year 5 Weed & Seed Grant Project Ordinance Fiscal Year 2008-09.

e) To adopt the resolution establishing Financial Plans for Internal Service Funds for Fiscal Year 2008-09;

f) To adopt a resolution establishing Financial Plans for Internal Service Funds for Fiscal Year 2007-08 superseding resolution #9480;

g) To adopt a resolution establishing salary adjustments for the Mayor and Council Members equivalent to the average salary percentage increase awarded to general employees;

h) To adopt the City of Durham Budget Ordinance Option 1 for Fiscal Year 2008-09; and

i) To adopt the City of Durham Budget Ordinance Option 2 for Fiscal Year 2008-09.

(Resource Person: Bertha T. Johnson – 4111 ext. 285) (PR# 5184)

8. Sole Source Purchase - Terraplas Field Protectant

To approve the purchase of Terraplas Field Protectant without competitive bidding as authorized by G.S. 143-129 (e) (6) "on the grounds that the product is available from only one source of supply";

To authorize the City Manager to enter into a contract with Terraplas North America, in the amount of $653,600.00 for providing the City with Terraplas Field Protectant, edging and ramps; and

To authorize the City Manager to modify the contracts 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 Beth Emerson – 4197) (Attachment #8 - 6 pages) (PR# 5143)

23. Contract between the City of Durham and Communities in Schools of Durham for WIA-Funded Youth Services

To authorize the City Manager to execute a Workforce Investment Act Contract with Communities in Schools of Durham in an amount not to exceed $32,500.00; and

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

(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #23 - 31 pages) (PR# 5167)

24. City of Durham and Dominion Ministries Contract for Workforce Investment Act (WIA) Youth Program Element Services

To authorize the City Manager to execute a Workforce Investment Act Contract with Dominion Ministries in an amount not to exceed $32,160.00 for Leadership Development and Adult Mentoring services; and

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

(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #24 - 28 pages) (PR# 5170)

25. Second Amendment to the Contract between the City of Durham and Community Partnerships, Inc. for Workforce Investment Act-Funded Youth Programs

To authorize the City Manager to execute the Second Amendment to Workforce Investment Act Contract with Community Partnerships, Inc. in an amount not to exceed $350,000.00; and

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

(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #25 - 7 pages) (PR# 5164)

26. Workforce Investment Act Adult and Dislocated (Laid-Off) Worker Contract with General Management Solutions, Inc. (GMSI)

To authorize the City Manager to execute a Workforce Investment Act Contract with General Management Solutions, Inc. in an amount not to exceed $731,000.00; and

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

(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #26 - 25 pages) (PR# 5120)

27. Workforce Investment Act Contract between the City of Durham and the Achievement Academy of Durham, Inc. for Workforce Investment Act-Funded Youth Services

To authorize the City Manager to execute a Workforce Investment Act Contract with Achievement Academy of Durham in an amount not to exceed $80,582.10; and

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

(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #27 - 31 pages) (PR# 5165)

44. Telephone System Maintenance Contract--Workgroup Technologies Inc.

To authorize the City Manager to execute a one (1) year contract with Workgroup Technologies Inc., to provide telephone system support and maintenance and data cabling services not to exceed $50,000.00; and

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

(Resource Person: Martha J. Lester-Harris – 4122 ext. 229) (Attachment #44 - 10 pages) (PR# 5111)

45. Unisys Mainframe Lease Agreement

To authorize the City Manager to execute a new lease agreement in the amount of $63,733.44 with Unisys Leasing Corporation for one year beginning 07/01/08 and ending 06/30/09; and

To authorize the City Manager to modify the agreement 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 agreement.

(Resource Person: Bill Hess – 4122 ext. 231) (Attachment #45 - 16 pages) (PR# 5113)

66. Durham Athletic Park Renovation Project Construction Agreements

To accept cash donation from Renaissance Downtown Durham in an amount up to $28,000.00 for the purchase and installation of 395 seats for the Durham Athletic Park;

To authorize the City Manager to execute a contract amendment to the Professional Services Agreement for Durham Athletic Park Renovation Project with D'Agostino Izzo Quirk Architects, Inc. in the amount of $94,200.00 so that the total contract amount will not exceed $421,318.00;

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 authorize the City Manager to execute a contract amendment to the Contract for Consulting Engineering Services for the Durham Athletic Park with S&ME, Inc. in an amount not to exceed $55,100.00 so that the total contract amount will not exceed $85,000.00;

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;

To authorize the City Manager to execute an Amendment No. 1A to the Construction Manager at Risk Preconstruction Services Agreement with Skanska USA Building, Inc. in the amount of $34,800.00 so that the total contract amount will not exceed $64,800.00;

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 authorize the City Manager to negotiate and execute an Amendment No. 2- with Skanska USA Building, Inc. for construction of the Durham Athletic Park Renovation Project if the Guaranteed Maximum Price (GMP) does not exceed $5,182,726.00;

To establish a project contingency equal to the difference between $5,507,726.00 which is the full amount budgeted for construction phase services and the final GMP;

To authorize the City Manager to negotiate and execute change orders or contract amendments on the Construction Manager at Risk Agreement with Skanska USA Building, Inc. or the Professional Services agreement with D'Agostino Izzo Quirk Architects, Inc. or the Contract for Consulting Engineering Services with S&ME, Inc. for the Durham Athletic Park Renovation Project, provided the aggregate dollar value of the change orders and contract amendments does not exceed the amount established for the project contingency.

(Resource Person: Beth Emerson – 4197 ext. 277) (Attachment #66 – 42 pages) (PR# 5185)

[General Business Agenda – Public Hearings]

54. Plan Amendment – 2900 South Miami Boulevard (A0800004)

To conduct a public hearing and receive public comments on the 2900 South Miami Boulevard (A0800004) Plan Amendment; and

To adopt a resolution to change the Land Use designation on the Future Land Use Map of the Durham Comprehensive Plan from Commercial to Industrial.

Staff Recommendation: Approval, based on the justification and meeting the four criteria for plan amendments.

Planning Commission Recommendation: Approval, 13-0, April 8, 2008, based on the justification and meeting the four criteria for plan amendments.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #54 - 10 pages) (PR# 5101)

55. Zoning Map Change – 2900 South Miami Boulevard (Z0800009)

To conduct a public hearing and receive public comments on the zoning map change for 2900 South Miami Boulevard (Z0800009); 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 Z0800009 out of CN and RS-20 placing same in and establishing same as IL; 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, should the pending plan amendment (A0800004) be approved, 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, should the plan amendment be approved, 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, should the plan amendment be approved, based on consistency with the Comprehensive Plan, and considering the information contained in this report.

Planning Commission Recommendation and Vote: Approval, 11-2 on April 8, 2008. The Planning Commission finds that the ordinance request is not consistent with the adopted Comprehensive Plan. However, should the plan amendment be approved, the request would be consistent with the 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 2900 South Miami Boulevard, on the west side of South Miami Boulevard, south of Brunson Street and north of Brassfield Road. PIN: 0749-04-52-6920

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #55 - 14 pages) (PR# 5100)

56. Davis Park West Initial (Z07-27A)

To conduct a public hearing and receive public comments on the initial zoning map change for Davis Park West Initial (Z07-27A);

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Science Research Park (SRP) 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 northwest corner of the intersection of Hopson Road and Davis Drive, east of Jenkins Road PIN 0737-03-95-9189-SLP]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #56 - 8 pages) (PR# 5099)

57. Zoning Map Change – Brightleaf Tract 3 Outparcel Initial (Z0800001A)

To conduct a public hearing and receive public comments on the initial zoning map change for Brightleaf Tract 3 Outparcel Initial (Z0800001A);

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) 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 not consistent with the Comprehensive Plan but 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 US 70 and the east side of Copper Leaf Parkway PIN 0759-01-29-1296]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #57 - 7 pages) (PR# 5102)

58. Freeman Road/Roberts Property Initial (Z0800013A)

To conduct a public hearing and receive public comments on the initial zoning map change for Freeman Road/Roberts Property Initial (Z0800013A);

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish Residential Suburban-10 (RS-10) and Residential Suburban-20 (RS-20) 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 Freeman Road, east of Valmet Drive and west of Mineral Springs Road PIN 0851-01-47-0488, -1487, -2453, -2491, -3349, -4318, -5334]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #58 - 8 pages) (PR# 5103)

59. Street Closing - A 150.71 Linear Feet Unnamed Alley Off Chapel Hill Road (SC0800001)

To conduct a public hearing on the permanent closing of a 150.71 linear feet unnamed alley off Chapel Hill Road; and

To adopt an Order permanently closing a 150.71 linear feet unnamed alley off Chapel Hill Road, located west of Chapel Hill Road and south of Whitcomb Street.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #59 - 10 pages) (PR# 5057)

69. Unified Development Ordinance (UDO) Text Amendment – IL/Compact Height (TC0800001)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – IL/Compact Height (TC0800001); and

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 6, District Intensity Standards.

(Resource Person: Steve L. Medlin, AICP – 4137 ext. 223) (Attachment #69 - 6 pages) (PR# 5036)

70. Zoning Map Change – Duke Lemur Center Initial (Z0800012A)

To conduct a public hearing and receive public comments on the initial zoning map change for Duke Lemur Center Initial (Z0800012A);

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish University College (UC) zoning for the property described in the attached staff report; or

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish a direct translation of the County zoning of Residential Rural (RR) and Residential Suburban – 20 (RS-20) for the property described in the attached staff report; or

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish a combination of University College (UC) zoning and a partial direct translation of the County zoning of Residential Rural (RR) and/or Residential Suburban – 20 (RS-20) 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 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 and Vote: Denial, 9-4 on April 8, 2008. The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. The Commission believes the request is not reasonable and in the public interest and recommends denial based inadequate transportation infrastructure and insufficient information due to the lack of a development plan. In light of the information in the staff report and comments received during the public hearing, the Commission believes it is reasonable and in the public interest for the Council to adopt a direct translation of the existing zoning in the County.

[The site is located South of NC 751, west of US 15-501, north of Cornwallis Road and east of Erwin Road PIN 0860-02-67-0888 (partial)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #70 - 19 pages) (PR# 5072)

[Supplimental Agenda]

73. Change in Frequency of Voluntary Annexations

To direct the City Manager to change the frequency of presentation to City Council of ordinary voluntary annexation petitions from twice annually, with June 30th and December 31st target effective dates, to four times annually with June 30th, December 31st, March 31st and September 30th target effective dates.

(Resource Person: Theodore L. Voorhees – 4222 ext. 231)

74. Resolution Memorializing Southgate Jones, Jr.

To adopt a Resolution Memorializing Southgate Jones, Jr.

(Resource Person: Council Member J. Michael Woodard – 4333) (Attachment #74 - 1 page) (PR# 5203)

75. Construction Agreement-Birchwood Heights Community Center

To authorize the City Manager to execute a construction agreement with Blue Ridge Enterprises, Inc. in the amount of $270,000.00 for the renovation of the Birchwood Heights Community Center;

To authorize the City Manager to execute a cooperative agreement with the Birchwood Heights Homeowners' Association for operations at the Birchwood Heights Community Center; and

To authorize the City Manager to make changes to the agreements that do not increase the contract amount, lessen the contractor's duties, or extend the term of the contract beyond December 31, 2008.

(Resource Person: Donald Ham – 4197) (Attachment #75 – 28 pages) (PR# 5204)

76. Program Management Services-Task Order #2

To authorize the City Manager to execute an amendment to add Task Order #2 to the consulting contract with MWH Americas, Inc. increasing the original contract amount by $2,500,000.00 so that the total contract amount will not exceed $3,207,500.00; and

To authorize the City Manager to make changes to the amendment if the changes do not increase the compensation to be paid by the City and do not decrease the services to be provided to the City.

(Resource Person: Chris Boyer – 4197) (Attachment #76 – 19 pages) (PR# 5188)

[Adjournment]

BOCC agenda for June 9th meeting

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

REVISED

(see Consent Agenda Item No. 6[f])

THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

Monday, June 9, 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.

_________________________

4:30 P.M.

Joint Meeting with the Durham County Commissioners and the Durham City Council

1. Service of Warrants

2. Interlocal Agreement for the Prepared Food Tax

_________________________

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.

May 27, 2008 Regular Session

5. Resolution Honoring the Service of an Outstanding Citizen 5 min.

6. Consent Agenda 20 min.

a. Approval of Durham's Home and Community Care Block Grant Funding Plan through the Department of Social Services (funding for the Plan has been incorporated into the Manager's proposed FY 2009 Budget);

b. Board Appointment—Animal Control Advisory Committee (appoint Joyce Archus to the Animal Control Advisory Committee as the official representative of the Animal Protection Society);

c. Approve the First Amendment to the Interlocal Cooperation Agreement between the County and the City of Durham for the Joint Funding of an Assistant District Attorney for Domestic Violence Cases for Fiscal Year 2009;

d. Budget Ordinance Amendment No. 08BCC000073 and Capital Project Amendment No. 08CPA000021—Movement of Mental Health and Public Health Operating Funds ($92,800) to the Telephone System Upgrade Capital Project (DC084) (to complete telephone upgrade needs; this action will increase the project budget to $1,502,800);

e. Intentionally Left Blank;

f. Approval of Professional Services for the Architectural Programming and Planning Study for the Durham County Main Library Renovations: Project No: DC093 (authorize the execution of a $197,766 contract with ~~O'Brien/Atkins Associates, P.A.~~ SmithGroup, PLLC to provide professional services for the programming and planning study for the Durham County Main Library renovations, plus a reimbursable amount of $10,000, thus totaling $207,766; execute any other related contracts, if necessary, not to exceed the estimated budget of $225,000); and

g. Receive the Annual Report of the Design District Review Team.

7. Public Hearing on the FY2008-2009 Recommended Budget

45 min.

The Board of Commissioners will conduct a public hearing to receive citizen input on the FY 2008-09 recommended budget. To be able to hear from all interested citizens, the Commissioners usually set a time limit of three minutes for each speaker; however, the time limit may be adjusted at the discretion of Chairman Reckhow.

County Manager's Recommendation: The County Manager recommends that the Board receive input from speakers and incorporate in the deliberations prior to finalization of next fiscal year's budget.

8. Public Hearing—Unified Development Ordinance (UDO) Text Change—Driveway Names (TC07-17)

10 min.

Receive public comments on Text Change—Driveway Names (TC07-17) and adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 12, Infrastructure and Public Improvements, and Article 13, Additional Requirements for Subdivisions.

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

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

9. Public Hearing—Unified Development Ordinance (UDO) Text Change—Stormwater (TC07-21)

10 min.

Receive public comments on Text Change—Stormwater (TC07-21) and adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 8, Environmental Protection, and Article 16, Definitions.

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

10. Public Hearing—Unified Development Ordinance (UDO) Text Change—IL/Compact Height (TC0800001)

10 min.

Receive public comments on Text Change—IL/Compact Height (TC0800001) and adopt an ordinance amending the Unified Development Ordinance, incorporating revisions to Article 6, District Intensity Standards.

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

11. Closed Session

15 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).

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2¼ 2 1/4 hrs.

Durham Spark - Durham, North Carolina, USA

Sunday, June 15, 2008