TSF: Middle class republic? Class in America 10/2

Especially because it is election season, there is a
lot of talk in the media and the campaigns about the
"middle class," as if what that means needs no
explanation.  The Triangle Socialist Forum is looking
at this question, the class system, and the class
appeals of politicians, at the next meeting, Thursday,
October 2nd at 7pm in the Chapel Hill Public Library
conference room.  The Library is on Library Drive, off
of Estes west of its intersection with East Franklin,
near University Mall.

Moncure workers strike for the 1st time, against management's rollback

Workers at Moncure Plywood LLC, on Corinth Road between Moncure and Brickhaven in southeast Chatham County, have been on strike, 24 hours a day, 7 days a week, since July 20^th.  This is the first time the union, Local Lodge W369 of the International Association of Machinists and Aerospace Workers, Woodworking Division, a member of the AFL-CIO, has struck in its 40-year existence. 

 

Management at the company, a subsidiary of Wood Resources LLC, has changed eight times in the past three years, after it was bought by Atlas Holdings LLC (www.atlasholdingsllc.com) from Weyerhaeuser in December 2004.  Moncure seems to be the only one of the three Wood Resources facilities that has a union.  Lewis Cameron has been president of the Local for 23 years and vice president before that.  He speculates that the Company was looking for a manager who would try to rollback what rights the workers have now, and they appear to have found their person when they hired Ernest Plaunty as plant manager in September 2007. 

 

The contract is re-negotiated every 1 to 3 years, and once or twice there has been a four-year contract.  In negotiations this spring the Company demanded the elimination of seniority, a 60-hour work week (40 hours with 20 hours overtime, 10 hours more), fewer holidays, raising health insurance costs 300-400%.  The workforce is about 60% black, 30% Latino, and 10% white, while there were about 20 supervisors, one black and the rest white.  Without explanation three black supervisors were fired after the 6^th change of management two years ago.  Last October OSHA fined the Company $37,000, and some things have improved, but Cameron says the plant has not been well maintained.  The violations included wood cutting machines without guards, holes in the floor, standing water under equipment, and excessive dust, which is a major fire hazard.  Last year 7 workers suffered serious injuries, including a lost thumb, and two workers had to get surgical treatment for repetitive motion injuries.  Workers also have had to work while ill.  Management tried to impose an impractical dress code.  According to Cameron, on 80-90° days the inside of the plant can be over 100°, while in cold weather it is colder inside than outside, and this is demanding physical work.  The Company produces hardwood plywood for the frames of upholstered furniture, starting from raw logs.  The logs are cut into blocks, lathed into thin strips and cores, the sheets are dried, glued into alternating layers, pressed at temperatures above 300°, and cut to size and graded.  Moncure Plywood has a capacity of 120,000 million square feet, and a larger permit of 160,000 MSF. 

 

The Local voted 90-3 to strike at 9pm on July 20^th.  The plant has 206 workers, but North Carolina is a "right to work" state, meaning workers can get the benefits of a union, without being required to join when they are hired, undermining the workers' collective bargaining power.  The strikers have been replaced by mostly Latino scab workers.  In one-on-one encounters, management tried to divide the workers by ethnicity before the strike.  Black workers were told no more blacks would be hired and Latinos were told they would be reported to immigration if they supported the Union, though Cameron believes most or all of the workers are citizens.  The first Company publication in Spanish was anti-union literature.  The intimidation increased the weekend before last, when strikers saw a red noose hanging on the log house inside the plant's fence.  It was removed early on Monday.  Cameron says there was not a racially charged atmosphere at the plant prior to the strike.  About 114 workers picket, at different times, since Moncure Plywood is always open. 

 

The workers have gotten a lot of community support from inside NC and beyond.  August 26^th there was a large rally at the Pittsboro Courthouse at 6pm.  On the 10^th workers spoke at a meeting of Balance and Accuracy in Journalism in Chapel Hill.  Members of the local chapter of the Women's International League for Peace and Freedom joined the picket line, and the community is welcome to come out.  There is a weekly carpool from Chapel Hill, on different days of the week, but mostly in the morning.  Call 919 968 1888 if you want to join.  There has also been church support and a donation from American Life Insurance Company. 

 

Sharpened conflict between management and the workers and attacks over ethnicity and immigration status look like the pattern as the economic crisis continues, but in Moncure workers are defending their rights and have solidarity from the community and beyond, and that can be a strong force. 

 

There are photos of the picket online at: http://flickr.com/photos/aflcionc/sets/72157606354360551/

 

Independent Voices did a segment on the strike, which can be seen online at: www.YouTube.com/watch?v=7vXQ2Buj48E

 

To contact or donate to the workers:

 

IAM Local Lodge W369

PO Box 318

Moncure, North Carolina 27559

 

919 770 5836

 

Moncure Plywood CEO Richard Yarborough can be contacted at:

 

(360) 432 5114      

BOCC meeting Monday

Below is the agenda for the meeting, originally posted at www.co.durham.nc.us/departments/bocc/agendas/current_meeting_agen.html.

 

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

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THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

 

Monday, September 22, 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.       August 25, 2008 Regular Session

b.      September 2, 2008 Worksession

b.   September 8, 2008 Regular Session

 

5.     Proclamation for 20^th Anniversary of Welcome Baby Program

                                                                                                                                                       5 min.

Twenty years ago, Durham County's award winning Welcome Baby Program began with a $50,000 grant from the Junior League of Durham and Orange Counties as a hospital visitation program.  Since that time, the program has grown extensively to provide parent education and support for more than 5,000 parents, visited 12,550 families in the hospital for the birth of a new baby, and served Durham families raising over 30,000 children.  Throughout its existence, Welcome Baby has been successful thanks to dedicated staff and volunteers who provide extraordinary care to area families.

 

County Manager's Recommendation: The Manager's recommendation is that the Board approve the proclamation and honor the positive work that the Welcome Baby Program has done in supporting children and families in Durham County.

 

6.    Resolution to Recognize Minority Enterprise Development Week—October 6 – October 10, 2008

                                                                                                                                                       5 min.

On January 14, 2008, the Board of County Commissioners approved an ordinance to continue the County's Minority/Women Business Enterprise Program.  As a part of the program promotion and continued efforts to enhance participation in governmental contract awards to minority and women businesses, it is hereby requested that October 6 through October 10, 2008 be recognized as Minority Enterprise Development Week in the County of Durham, North Carolina.

 

Local and National Minority Enterprise Development programs provide assistance to minority and women groups who own or wish to start or expand their own businesses.

 

        Resource Person(s):  Pamela Gales, CLGPO, Assistant Purchasing Manager

 

       County Manager's Recommendation:  The Manager recommends that the Board approve the Resolution and recognize October 6 through October 10, 2008 as Minority Enterprise Development Week in Durham County.

 

7.     Consent Agenda

                                                                                                                                                     20 min.

a.   Contract with Cox & Company (renew the contract with Cox & Company to provide support and updates to the Tax Administration Department; contract amount not to exceed $90,500 for support services and other system enhancements);

b.   Approval for the Purchase of Additional SAP Licenses to bring Durham County in Compliance as a Result of the Annual SAP License Audit (authorize the Manager to enter into an agreement with SAP Public Service Inc. in the amount of $93,760.20);

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

d.   Capital Project Amendment No. 09CPA00004—Appropriate $4,338,640 to the 2008 IT Computer Replacement Project (DC097) and $475,000 to the 2008 IT Telecommunications Project (DC098); funding will come from a short-term bank financing loan, and any General Fund funds spent towards these projects will be reimbursed once loan funds are secured;

e.   Declaration of Surplus Personal Property and Approval of Resolution to Donate to Triangle United Way (declare the personal property as surplus, approve the resolution authorizing the donation to Triangle United Way, and authorize the County Manager to enter into an agreement which reflects the terms of the conveyance);

f.    Extend Contract with RS&M Appraisal Services Inc. (approve to provide revaluation assistance to the Tax Administration Department; contract amount not to exceed $150,000 for support services);

g.   2005 Annual Report of the Durham Environmental Affairs Board (accept the report);

h.   Amend Contract with Sungard Public Sector Inc. (authorize the County Manager to enter into a service contract with SunGuard Public Sector Inc. [OSSI] in the amount of $58,617.25 for the completion of the EMS Automation Project);

i.    Approve Contract between Durham County and N.C. Agricultural Development and Farmland Preservation Trust Fund for Grant Award of $398,000 for Tilley Farm (approve the contract and authorize the Manager to execute the agreement);

j.    Budget Ordinance Amendment No. 09BCC000010—FY 2007-2008 Encumbrances;

k.   Budget Ordinance Amendment No. 09BCC000011 and Capital Project Amendment No. 09CPA000005—$194,548 Appropriation of Capital Financing Fund fund balance for the BOCC Chambers Technology Upgrades Project (No.: DC089) for a total project budget of $964,548 and Approve Contract Amendments with Harrod & Associates Constructors Inc. (H&AC) for Completing BOCC Chambers Technology Upgrades Project—Bid No: 08-021r;

l.    Capital Project Amendment No. 09CPA000006—Appropriation of $367,004 for the Human Services Complex Project (DC070) for a total budget of $8,313,646 and Execution of the Construction Contract with Environmental Holdings Group LLP in the amount $258,265 (Base Bid Only) for the Demolition of the 500 Block Area of East Main Street Project No.: DC070-56, Bid. No: IFB 09-002; funding for this project will come from a COPS financing loan and any General Fund funds spent towards these projects will be reimbursed once loan funds are secured;

m.  Execution of Design Contract Amendment with Cherry Huffman Architects P.A. for the Expansion and Renovation of the Durham County Southwest Branch Library.  RFQ 07-005 Project No.: DC075-67 (authorize execution of a $7,100 amendment, thus increasing the total compensation for the basic design services, additional services, and reimbursement to $399,250);

n.   Execution of Design Contract Amendment with The Freelon Group P.A. for the Road Widening Design for the Proposed Durham County South Regional Branch Library.  Project No.: DC076-50/58 (authorize the execution of the amendment in the amount $27,800 for additional architectural design services);

o.   Acceptance of a Conservation Easement for Impervious Surface Rights Transfer per Unified Development Ordinance Section 8.7.2.B.2 (accept the conservation easement from the Eno River Association for a conservation easement to limit permanently impervious surfaces on parcel # 177548); and

p.   Appointments—Criminal Justice Partnership Act Advisory Board (approve the recommended appointments).

 

8.     Draft of the Work First Block Grant Plan for 2009-2011

                                                                                                                                                     15 min.

Work First is the primary program in North Carolina for administering the Temporary Assistance for Needy Families (TANF) Program.  Since Work First is administered locally in each county, North Carolina law (NCGS 108A-27) requires each county to submit a County Work First Block Grant Plan every two years. 

 

Local leaders were appointed by the Board of County Commissioners from various community agencies and organizations to form the Work First Planning Committee which is responsible for the development of the Work First Block Grant Plan.

 

On August 25, 2008, the Board of County Commissioners voted to have Durham County remain as a Standard County as recommended by the Planning Committee.

 

By October 31, 2008, the Board of County Commissioners must submit the new Work First Plan to DHHS.

 

The Planning Committee has forwarded the draft plan to the Board of Commissioners for their review, questions, and revision.  The draft plan will be made available for public comment from October 6-9, 2008.  The Planning Committee requests that the Board set a public hearing on the draft Work First Plan for the October 13, 2008 Commissioner's meeting.

 

Resource Person(s): Jim Polk, Chair of the Work First Planning Committee, and Rhonda Stevens, Assistant Director of the Department of Social Services, Family Economic Independence Division

 

County Manager's Recommendation: The Manager recommends that the Board provide input on the draft plan and set a public hearing on the Work First Plan for October 13, 2008.

 

9.     Ordinance Amending Durham County Animal Control Ordinance

                                                                                                                                                     20 min.

The current Animal Control Ordinance places the responsibility of billing and collection of animal fees with the Animal Control Division of the General Services Department.  At the request and recommendation of the Animal Control Advisory Board, the Tax Department was approached to bill and collect for animal fees, due to their experience and success in collection of taxes.

 

As a result of such request, a review of the process and an implementation plan was developed.  To transfer the billing and collection of the animal fees to the Tax Department requires amendments.  The provision changes the animal fee to an animal tax and places the listing, billing, and collection of animal taxes with the Office of the Tax Administrator.

 

Resource Person(s): Kimberly H. Simpson, Tax Administrator

 

County Manager's Recommendation: Approve the changes to the animal ordinance allowing the fee to become a tax; therefore, requiring the Tax Administrator to be responsible for the listing, billing, and collection of such tax. 

 

10.   Board and Commission Appointments

                                                                                                                                                       5 min.

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

 

·         Community Child Protection Team/Child Fatality Prevention Team

·         Criminal Justice Partnership Act Advisory Board

·         Historic Preservation Commission

·         Industrial Facilities & Pollution Control Authority

 

Resource Person(s): Vonda Sessoms

 

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

 

11.   Closed Session

                                                                                                                                                         1 hr.

The Board is requested to adjourn to closed session pursuant to G.S. 143.318.11(a)(3) to consult with an attorney and to preserve the attorney-client privilege and pursuant to
G. S. 143-318.11(a)(4) to discuss matters relating to the location or expansion of a business or industry.

 

                                                                                                                                                            ______

                                                                                                                                                             2½ hrs.

Council meeting + Police "counterterrorism" training

The City Council is meeting Monday night and the agenda, from www.durhamnc.gov/agendas, is below. 

 

The Herald-Sun had a brief article buried in the Metro section on Friday about Police Chief Lopez's trip to Israel to learn "advanced counterterrorism strategies" along with many other American police chiefs, organized by the Anti-Defamation League.  I wonder what strategies and attitudes he might be learning there.  Are the police going to call in airstrikes and otherwise conduct urban warfare, kill civilians with impunity, assassinate suspects, torture and mistreat prisoners, violate civil and human rights, violate court orders, justify racial profiling and especially target Arab and Muslims who support Palestinian rights, bulldoze the homes of alleged criminals, or wall off and expropriate parts of Durham, as the Israelis do for "counterterrorism?"  What terrorist threat is Durham expecting and why would Durham want its police to emulate the policies of one of the world's worst state terrorists?     

 

 

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. Designation of Voting Delegate - North Carolina League of Municipalities Annual Conference, October 12-14, 2008, Charlotte, North Carolina

To appoint Council Member Eugene Brown as the voting delegate to attend the North Carolina League of Municipalities Annual Business Meeting on Tuesday, October 14, 2008 at 8:30 a.m. in Charlotte, North Carolina.

(Resource Person: D. Ann Gray – 4166) (PR# 5413)

2. Designation of Voting Delegates - Annual Congress of Cities & Exposition, November 11-15, 2008, Orlando, Florida

To appoint Mayor Pro Tempore Cora Cole-McFadden as the voting delegate to attend the National League of Cities Annual Business Meeting on Saturday, November 15, 2008 in Orlando, Florida.

(Resource Person: D. Ann Gray – 4166) (PR# 5415)

3. Durham Housing Authority Board of Commissioners - Reappointment

To reappoint Isaac A. Robinson to the Durham Housing Authority Board of Commissioners with the term to expire on September 28, 2013. Note: At the Work Session on September 4, 2008, Mr. Robinson received seven (7) votes.

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

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 4 pages) (PR# 5402)

4. Human Relations Commission - Receipt and Acceptance of Applications

To receive and accept applications for a citizen to fill one (1) vacancy on the Human Relations Commission for a Minority Male member with the term to expire on June 30, 2011.

(Due to the term expiring of James Hill)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 8 pages) (PR# 5404)

5. Setting Public Hearings to Consider Ordering Petitioned Improvements

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

To adopt a resolution setting a public hearing for October 6, 2008, to consider ordering each of the following improvements:

Curb, Gutter and Paving, Water and Sewer Laterals on Missell Avenue from Cook Road to the South Property Line of PIN 0729-01-49-7397

Sidewalk on Fayetteville Road (West Side) from the North Property Line of PIN 0717-02-69-7405 to the South Property Line of PIN 0717-02-69-7405

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #5 - 3 pages) (PR# 5395)

6. Correction of City Code and Fee Schedule Provisions Relating to Water Management

To adopt an Ordinance to Clarify Water Reconnections Service Charges and Penalties; and

To adopt an Ordinance to Repeal Portions of the Article of the City Code Respecting Permissive and Prohibited Use of Public Sewers.

(Resource Person: Richard Weintraub – 4158) (Attachment #6 - 4 pages) (PR# 5409)

7. Contract with Durham Technical Community College Foundation, Inc. for Brownfield Job Training (Option to Renew)

To authorize the City Manager to execute a contract with Durham Technical Community College Foundation, Inc. in an amount not to exceed $130,000.00; and

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

(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #7 - 26 pages) (PR# 5397)

8. Downtown Durham, Inc. FY 09 Contract for Economic Development Services

To authorize the City Manager to execute the FY 09 Contract for Economic Development Services within the Downtown Durham District between the City of Durham and Downtown Durham, Inc. in an amount not to exceed $158,048.00; 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: Alan DeLisle – 4965 ext. 212) (Attachment #8 - 14 pages) (PR# 5376)

9. WIA Grant Project Ordinance FY 2008-2010 Superseding Grant Project Ordinance #13635

To authorize the City Manager to accept the "Employment and Training" Grant by executing the grant documents; and To adopt the "Employment and Training" Grant Project Ordinance FY 2008-2010 in the amount of $ 1,345,074.00, superseding the Grant Project Ordinance #13635 that was approved by Council June 16, 2008.

(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #9 - 5 pages) (PR# 5398)

10. Durham Cultural Master Plan Interlocal Agreement Amendment

To authorize the City Manager to execute the FY 09 Cultural Master Plan Interlocal Agreement with Durham County with an end date of June 30, 2009; and

To authorize the City Manager to make modifications to the agreement so long as the modifications do not increase the dollar amount or decrease the scope of services provided to the City.

(Resource Person: Chris Dickey – 4965 ext. 204) (Attachment #10 - 12 pages) (PR# 5378)

11. Emergency Communications Telephone System Maintenance Contract

To authorize the City Manager to execute the agreement with Carolina Telephone and Telegraph Company LLC d/b/a Embarq for the purchase of an E911 Evergreen Maintenance Contract in the amount of $199,198.73 payable from the Emergency Telephone System Surcharge fund; and

To authorize the City Manager to modify the agreement before execution provided that the modifications do not increase the dollar amount of the purchase price or decrease the amount of goods and/or services received.

(Resource Person: James T. Soukup – 4191) (Attachment #11 - 11 pages) (PR# 5387)

13. City Hall Renovations Professional Services Agreements Amendments and Increased Project Contingency

To adopt an Ordinance Amending the General Capital Improvement Project Ordinance, Fiscal year 2008-2009, the same being Ordinance #13632 for the purpose of increasing the total appropriation for the design and construction of City Hall and Annex Renovations Project by $400,000.00;

To authorize the City Manager to execute a contract amendment to the Agreement for Professional Design Services for Durham City Hall and Annex Renovations with Roughton Nickelson De Luca Architects PA in an amount not to exceed $210,003.00 so that the total contract amount will not exceed $1,617,858.00;

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 change orders on the Agreement for Professional Design Services for Durham City Hall and Annex Renovations, provided the total fee does not exceed $1,686,858.00 which is the total contract amount plus contingency;

To authorize the City Manager to execute a contract amendment to the agreement for HVAC design peer review services with MPB Construction Engineering, Inc. in an amount not to exceed $49,400.00 so that the total contract amount will not exceed $79,400.00;

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 increase the design contingency to $5,600.00 for peer review services for City Hall and Annex Renovations project;

To authorize the City Manager to negotiate and execute change orders on the Amendment for Review of City Hall and Annex Renovation Project Services provided the total contract amount does not exceed $85,000.00 which is the total amount of the contract plus contingency;

To increase the project contingency for construction from the originally authorized amount of $461,100.00 in the amount of $298,622.00 to a total of $759,722.00; and

To authorize the City Manager to negotiate and execute change orders to the agreement with Balfour Beatty Construction for construction of the City Hall and Annex renovations so long as the contracted amount does not exceed $8,564,917.00 which is the full amount budgeted for construction plus the project contingency.

(Resource Person: Doreen Sanfelici – 4197 ext. 249) (Attachment #13 - 19 pages) (PR# 5419)

14. Rigsbee Avenue Substation Request for Additional Funds

To adopt an Ordinance Amending the General Capital Improvement Project Ordinance, Fiscal year 2008-2009, the same being Ordinance #13632 for the purpose of increasing the total appropriation for the design and construction of Broadway/Rigsbee Renovation by $80,000.00;

To increase project contingency by $111,000.00 from the originally authorized amount of $202,800 to a total of $313,800; and

To authorize the City Manager to negotiate and execute change orders on the Rigsbee Police Substation Renovation Project provided that the cost of all change orders does not exceed the contingency and provided the total construction cost does not exceed $3,211,554.00.

(Resource Person: TJ McDermott, IV – 4197) (Attachment #14 - 4 pages) (PR# 5421)

17. Ordinance Revision and Citywide Compensation and Classification System Implementation

To adopt an Ordinance to Amend City Code Section 42-5 to Change "Pay Bands" to "Pay Grades";

To revise and amend the City of Durham's Comprehensive Compensation and Classification System; and

To set a new livable wage pursuant to Section 18-23 of the Durham City Code, increasing the livable wage rate from $10.10 to $10.42."

(Resource Person: Kevin R. Patton – 4214 ext. 273) (Attachment #17 - 35 pages) (PR# 5371)

21. Contract for Construction Management Services for ST-233 (Resurfacing of Streets)

To authorize the City Manager to execute a contract for Construction Management Services for ST-233 (Resurfacing of Streets) with Earth Tech in the amount not to exceed $998,913.00; and

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

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #21 - 3 pages) (PR# 5364)

22. No Cost Contract Amendment for Goose Creek Stream Restoration

To authorize the City Manager to execute an amendment for the Goose Creek Stream Restoration Contract extending the contract term until December 31, 2009; 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: Sandra Wilbur – 4326) (Attachment #22 - 4 pages) (PR# 5383)

23. License Agreement with Edgemont Realty, LLC

To authorize the City Manager to enter into a license agreement with Edgemont Realty, LLC for construction and maintenance of a safety fence within public right-of-way.

(Resource Persons: Edward R. Venable and Robert N. Joyner – 4326) (Attachment #23 - 4 pages) (PR# 5379)

24. License Agreement with Oakhaven Homeowners Association, Inc.

To authorize the City Manager to enter into a license agreement with Oakhaven Homeowners Association, Inc. for construction and maintenance of specialty street signs within public right-of-way.

(Resource Persons: Edward R. Venable and Robert N. Joyner – 4326) (Attachment #24 - 4 pages) (PR# 5386)

25. License Agreement with Elmwood Investments, LLC

To authorize the City Manager to enter into a license agreement with Elmwood Investments, LLC for installation and maintenance of a monitoring well within the public right-of-way.

(Resource Persons: Edward R. Venable and Robert N. Joyner – 4326) (Attachment #25 - 4 pages) (PR# 5388)

26. Hybrid Bus Capital Grants

To authorize the City Manager to execute the FY2008-09 Section 5307 Bus Grant by executing the grant documents for the purchase of two (2) hybrid buses; and

To adopt the FY2008-09 Section 5307 Bus Grant Project Ordinance, in the amount of $1,080,000.00;

To authorize the City Manager to execute the FY2008-09 Section 5307 Bus Grant by executing the grant documents for the purchase of six (6) hybrid buses; and

To adopt the FY2008-09 Section 5307 Bus Grant Project Ordinance, in the amount of $3,240,000.00;

To authorize the City Manager to execute the FY2008-09 Section 5307 Bus Grant by executing the grant documents for the purchase of seven (7) hybrid buses; and

To adopt the FY2008-09 Section 5307 Bus Grant Project Ordinance, in the amount of $3,850,000.00;

To authorize the City Manager to execute the FY2007-08 Section 5307 Bus Grant by executing the grant documents; and

To adopt the FY2007-08 Section 5307 Bus Grant superseding Grant Project Ordinance #13522.

(Resource Person: Stephen Mancuso – 1535 ext. 209) (Attachment #26 – 6 pages) (PR# 5390)

27. Municipal Agreement with NC Department of Transportation for Installation of Automatic Warning Devices at the Crossing of Drew Street and Norfolk Southern Railway Tracks

To adopt a Resolution authorizing the City Manager to enter into an agreement with the NCDOT for the installation and maintenance of the protective devices at the crossing of Drew Street and Norfolk Southern Railway Tracks(Crossing No. 470 630P) at an estimated cost of $19,900.00 to the City for the installation of the devices; and

To authorize the City Manager to modify the agreement before 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 approved by the City Council.

(Resource Person: Bill Egan – 4366) (Attachment #27 - 14 pages) (PR# 5410)

28. Municipal Agreement with NC Department of Transportation for Installation of Automatic Warning Devices at the Crossing of Gilbert Street and Norfolk Southern Railway Tracks

To adopt a Resolution authorizing the City Manager to enter into an agreement with the NCDOT for the installation and maintenance of the protective devices at the crossing of Gilbert Street and Norfolk Southern Railway Tracks(Crossing No. 470 634S) at an estimated amount of $15,000.00 to the City for the installation of the devices; and

To authorize the City Manager to modify the agreement before 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 approved by the City Council.

(Resource Person: Bill Egan – 4366) (Attachment #28 - 13 pages) (PR# 5411)

29 (a). Contract Amendment No. 2 Contract ST-227, 2006 Street Improvements

To authorize the City Manager to execute a contract amendment for ST-227, 2006 Street Improvements for the following:

A. Chesapeake Avenue Stormwater and Wedgewood Lane Water and Sewer Projects totaling $465,000.00

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #29 - 2 pages) (PR# 5416)

30. Contract SW-21, 2008 Curb Ramps

To authorize the City Manager to execute a contract for SW-21 2008 Curb Ramps with Holmes Contracting, Incorporated in the amount of $691,963.50;

To establish a contingency fund in the amount of $103,794.53 (15%); and

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $103,794.53 and the total project cost does not exceed $795,758.03.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #30 - 2 pages) (PR# 5406)

31. FY 2011-2017 Transportation Improvement Program (TIP) Priority List

To adopt a Resolution to Endorse the City of Durham's Project Priority List for the FY 2011-2017 Transportation Improvement Program.

(Resource Person: Ellen Beckmann – 4366) (Attachment #31 - 12 pages) (PR# 5436)

36 - 38. These items can be found on the General Business Agenda – Public Hearings.

[General Business Agenda – Public Hearings]

36. Street Closing - Portion of Watkins Road (SC07-05)

To conduct a public hearing on the closing of a 0.111 acre portion of Watkins Road; and

To adopt an Order permanently closing a 0.111 acre portion of Watkins Road located at southeast of the intersection of Southwest Durham Drive and Witherspoon Boulevard.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #36 - 10 pages) (PR# 5392)

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

To conduct a public hearing on the permanent closing of a 105.10 linear foot unnamed alley off East Club Boulevard; and

To adopt an Order permanently closing a 105.10 linear foot unnamed alley off East Club Boulevard. (Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #37 - 9 pages) (PR# 5393)

38. Zoning Map Change – Davis Park West (Z07-27)

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

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 Z07-27 out of CC(D) and SRP and placing same in and establishing same as CG(D); 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, 12-1 on August 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, comments received during the public hearing and an additional committed element proffered by the applicant at the meeting.

[The site is located on the northwest corner of the intersection of Hopson Road and Davis Drive, east of Jenkins Road. PINs: 0737-03-95-9189-SLP, -04-94-7413, 0747-03-04-2491]

(Resource Person: Steven L. Medlin, AICP – 4132 ext. 223) (Attachment #38 – 42 pages) (PR# 5444)

[Adjournment]

Aero vigil Saturday + Moncure strike

Stop Torture Now (www.ncstoptorturenow.net) has its monthly anti-torture vigil at the Johnston Co. Airport this Saturday, 11am-4 at Aero's building on Swift Creek Road.  If I am thinking of the right place, that is a road off of Highway 70 on the right as one goes east, and Aero is down a side road after another entrance to the Airport.  There is also going to be an Airport open house that day.  

 

If you want to stand with the striking Moncure plywood workers, the plant is at 306 Corinth Road in Moncure in Chatham County.  IAM Local Lodge W369 can be contacted at Box 318 Moncure, NC 27559 and 919 770 5836.      

Some events

PROTEST TO COMMEMORATE THE 17 INNOCENT IRAQI CITIZENS MURDERED BY BLACKWATER IN NISOUR SQUARE

One Year Anniversary Protest and Rally Against Blackwater

Sponsored by Blackwater Watch (http://blackwaterwatch.net) and NC Stop Torture Now (http://www.ncstoptorturenow.org)

For more information email admin at  blackwaterwatch.net or telephone 919-801-0734

Saturday, Sept. 13, 2008 4-6 p.m.

at Blackwater's Lobbyist Firm Headquarters:

 

Womble Carlyle Sandridge & Rice
One West Fourth Street, Winston-Salem, NC 27101
Headquartered in Winston-Salem, North Carolina, Womble Carlyle Sandridge & Rice is the third lobbying firm hired by Blackwater since October 2007. Womble Carlyle lobbyists representing Blackwater are: John Mashburn, former general counsel and policy director for Sen. Judd Gregg, R-N.H., who is the top Republican on the Senate Budget Committee; and Mark Harkins, who was chief of staff to Rep. Brad Miller, D-N.C., chairman of the Investigations and Oversight subcommittee of the House Science and Technology

Committee.

FIVE KEY REASONS TO GET BLACKWATER OFF OUR BORDER AND OUT OF GOVERNMENT CONTRACTING:

Blackwater Worldwide, a mercenary group, has a history of killing innocent civilians. In Nisour Square, Iraq, on September 16, 2007, Blackwater "security personnel" shot and killed without provocation seventeen Iraqis civilians, including a nine year old boy.

Blackwater has taken no responsibility for any of the killings. Erik Prince, founder of Blackwater, told Congress one month after the Nisour Square Massacre that he had no knowledge of his men hurting innocent civilians.

Blackwater is not part of the military! It is a business that profits from bloodshed and killing. Its personnel are not accountable to military, civil, or criminal law. One year after the killings, no one at Blackwater has been charged for any of the killings of innocent civilians.

Blackwater used subsidiary business names to apply for its building permits in San Diego to avoid the normal permit process and avoid public scrutiny. Blackwater has done everything in their power to stop the right of the San Diego City Council, the City Attorney, and San Diego residents to say "no" to having Blackwater there, including suing the City of San Diego.

Blackwater is a company that profits from conflict. NO CONFLICT = NO PROFIT! Blackwater mercenaries along the US-Mexico border will seek to profit from border instability. Any minor difference among ethnic groups can easily be exploited by Blackwater mercenaries to intervene and make money. 

9/10:  Discussion of NC immigration law enforcement
Join the Triangle Socialist Forum in discussing the immigration struggle - what is going on, what economic forces drive each side, and what are some progressive responses?  The meeting is at 7pm in the Chapel Hill Public Library's conference room.  Email your blogger for more information.

9/11:   6:30pm  Dinner & a Documentary: "9-11 Ripple Effect: Lies, Propaganda and A Call For Justice"
Fuquay-Varina United Methodist Church,  100 S. Judd Pky SW, Fuquay-Varina
At 6:30 we will have a Pizza dinner available for a $5 donation.  Movie to start at 7pm.  Childcare is available. Please contact Denise Frie before hand at: niesee at embarqmail dot com to discuss your needs.  We meet the 2nd & 4th Thursday of every month.  This week we will be viewing 9-11 Ripple Effect: Lies, Propaganda and A Call For Justice, takes the audience on a behind-the-scenes tour of the largest attack in US history while at the same time exposing the falsehoods of the official account using live video feed & photographs shot the morning of 9-11-2001. Pilots, military personal & 9-11 researchers examine some of the most talked about footage ever uncovered.

9/10:  BAJ - Dignity or Serfdom? 7:30 Wednesday September 10 at the Community Church of Chapel Hill 106 Purefoy Road [see directions below] Balance & Accuracy in Journalism, with co-sponsors Carolina Interfaith Taskforce Connecting the Americas and the Charles Jones Peace and Justice committee present: DIGNITY OR SERFDOM? 60 hr mandatory work week and shrinking benefits provoke strike in the Chatham County town of Moncure by the International Association of Machinists and Aerospace Workers, local 369.  [I also read that there is a racial divide and conquer aspect, Latino immigrant workers being told they will be deported if they join the union and the majority black workers being told that no more blacks will be hired now]. Management proposals demanding a 60 hour mandatory work week with reduced health and pension benefits at the Moncure Plywood plant provoke a strike now in its 8th week.   Hear from longtime workers, new management, and media. Details to follow. Community involvement can support the struggle for fair wages, benefits and working conditions.

DIRECTIONS to

Community Church of Chapel Hill:

106 Purefoy Road, in Chapel Hill

FROM EITHER DIRECTION ON THE CHAPEL HILL BY-PASS:  take 15-501 [or 54] to the 15-501 Pittsboro exit

As you exit, TURN at the traffic light toward Chapel Hill.

In half a block, TURN RIGHT just short of the convenience store.  That's PUREFOY ROAD, and you take it almost a half mile, passing side streets and curving left up the hill past speed bumps and an extra stop sign, until you can just see the stop sign at the end of the street.  Watch for a driveway on the left with a white-painted curb and a tan colored sign for the church. That driveway takes you to the parking lot and the Community Church.

 

9/20:  Durham Bill of Rights Defense Committee 

The meeting will be at 3pm in the Auditorium at the Main Library, with continuing focus on immigrant rights in Durham.

9/23:  September Meeting of Orange County BORDC

7 PM, Tuesday, September 23, Orange Water and Sewer Authority meeting room, 400 Jones Ferry Road, Carrboro. Theme continues on immigrant rights, with speakers NC State Senator Ellie Kinnaird and Marty Rosenbluth of the Southern Coalition for Social Justice [http://www.southerncoalition.org ].
9/12:  The Ukrainian Famine-Genocide:  Reflections after 75 Years

 

I'm not recommending this event, but I want to mention it, like I mentioned the anti-communist academic conference at Duke in the spring, and again they want to indoctrinate teachers in anti-communism. 

 

UNC is sponsoring a conference at the appropriately named FedEx Global Education Center on the "Holodormor."  This is one of the pillars of Ukraine's bourgeois nationalists, puppets of the US and EU, and their predecessors, the collaborators who fought for Nazi Germany, claiming that the USSR, and Stalin specifically, wanted to and did cause mass starvation in Ukraine in the 30's.  There are articles refuting this charge at the pro-Stalin sites list on the right.   

 

The three panels and art exhibit have relatively innocuous sounding titles, except for the panel at 7:30pm, "The Ukrainian Famine-Genocide and Confronting Stalinism in Ukraine and Russia."  The capitalists and their supporters know they have to confront "Stalinism," or real revolutionary Marxist-Leninist communism, because it is the ideology the oppressed workers and nations need to defeat the capitalist system, as they did in many places when Stalin headed the revolutionary Communist Party of the Soviet Union.  Maybe there wouldn't be so much starvation and malnourishment around the world and mass killings and ethnic cleansing, perhaps even genocide, in Iraq and Afghanistan now, if not for the Soviet revisionists, led first by Khrushchev, who joined with the capitalist world to destroy socialism and revolutions wherever they occurred. 

 

Does Ukraine want to be a puppet like Georgia and a possible ground zero for the next world war, or will Ukraine's working people fight US, EU, and Russian imperialism and their local capitalists and build a better future for themselves and the world?    

 

The FedEx Center is that big new building at the corner of McCauley and Pittsboro streets, just west of the main campus.  I thought it was further away - maybe I will stop by Friday.  For more information about the events: global.unc.edu/index.php?option=com_content&view=article&id=691&Itemid=94

 

BOCC Monday - tax and road plan reports

Below is the agenda, originally posted at www.co.durham.nc.us/departments/bocc/Agendas/Current_Meeting_Agen.html.  The main item is probably the report on the proposed restaurant tax, as well as a report on road construction plans for the next year. 

 

---

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

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REVISED

(Item No. 8)

 

THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

 

Monday, September 8, 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.

 

3a.   Report from "A Taste for Durham's Future" Committee

                                                                                                                                                       5 min.

An advisory referendum on a 1% Prepared Food Tax is scheduled for November 4.  If approved, the proceeds will be used by the City and the County to fund community cleanup, workforce training, visitor marketing, and many cultural amenities including museums, trails, the County Stadium, Civic Center, and much more.

 

A committee of business and community leaders has been working to develop information and marketing strategies for the vote.  The group has adopted the theme, "A Taste for Durham's Future".  Co-Chairs of this comprehensive effort are Mr. Robb Teer, Mrs. Sylvia Kerckhoff, and Mr. Charles Watts.

 

Mr. Teer will present a progress report on the group's efforts to date.

 

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

 

County Manager's Recommendation: The Manager's recommendation is that the Board receive the report of "A Taste for Durham's Future" from Co-Chairman Teer. 

 

4.    North Regional Branch Library—2008 AIA (American Institute of Architects) North Carolina Merit Award & 2008 ALA/IIDA (American Library Association/International Interior Design Association) Library Interior Design Award

                                                                                                                                                       5 min.

The Board is hereby requested to receive the following awards for the North Regional Branch Library project:

 

2008 AIA (American Institute of Architects) North Carolina Merit Award:

 

The American Institute of Architects is the leading professional membership association for licensed architects, emerging professionals, and allied partners.  During the North Carolina Chapter's yearly awards program, projects designed by North Carolina firms are judged on the basis of their architectural excellence.  The selected jury determines the number of awards to be given and whether to confer honor or merit awards.  This year, nine awards were given—three honor awards and six merit awards.  The awards were announced on August 23 at this year's AIA North Carolina's annual conference in Charlotte, NC.

 

Honorable Mention Award from the American Library Association (ALA) and the International Interior Design Association (IIDA) for the 2008 ALA/IIDA Library Interior Design Awards:

 

The Library also received an honorable mention award from the American Library Association (ALA) and the International Interior Design Association (IIDA) for the 2008 ALA/IIDA Library Interior Design Competition.  The award recognizes excellence in library interior design, incorporating aesthetics, design creativity, function, and satisfaction of the client's objectives.  Nine winners and two honorable mentions were selected from 100 projects submitted from throughout North America.  Winners were honored on July 1, 2008 at the ALA/IIDA Library Interior Design Awards Reception during the American Library Association Annual Conference in Anaheim, California, and will be featured in an upcoming issue of Contract magazine, the publishing partner of the competition.  The North Regional Branch Library was recognized under the category for Public Libraries: 30,000 sq. ft. and smaller.

 

Resource Person(s): Glen Whisler, P.E., County Engineer, Engineering Department; Skip Auld, Director of Library Services; Priscilla Lewis, Asst. Director for Facilities Management, Library Services;  Zena Howard, AIA, The Freelon Group; Ademola Shobande, Assoc. AIA, Sr. Project Manager; and Peri Manns, Assoc. ASLA, Project Manager

 

County Manager's Recommendation: The Manager recommends that the Board recognize the North Regional Library project team for receiving the 2008 AIA North Carolina Merit Award and an honorable mention award for the 2008 ALA/IIDA Library Interior Design Awards.

5.     Consent Agenda

                                                                                                                                                     15 min.

a.   Approval of the New Cultural Master Plan Interlocal Agreement and Establishment of the Cultural Master Plan Advisory Board;

b.   Raleigh-Durham Airport Authority Grant Offer (accept the $1,193,929 grant offer from the Federal Aviation Administration);

c.   Budget Ordinance Amendment No. 09BCC000009—Results Based Accountability Program Grants to County Departments (approval to recognize $19,700 in RBA grant funds for The Durham Center, Public Health, and the Department of Social Services);

d.   Urban Ministries of Durham Inc.—Contract Approval (authorize the Manager to enter into a contract with Urban Ministries of Durham Inc. in the amount of $145,000 to provide homeless shelter services);

e.   Selection of External Auditors (approve the recommendation of Cherry, Bekaert & Holland LLP for $105,000);

f.    Capital Project Amendment No. 09CPA000004—Appropriate $4,338,640 to the IT Computer Replacement Project (DC080) and $475,000 to the IT Telecommunications Project (DC084);

g.   Offer to Purchase County Surplus Properties (2600 Lincoln Street and 540 Belt Street); the Board has the authority to accept or reject any offer at the conclusion of the upset bid process; and

h.   Proposed Amendments to the Animal Control Ordinance (approve the Animal Control Advisory Committee's proposed revisions to the Animal Control Ordinance).

 

6.     Public Hearing—Proposed Secondary Road Construction Program for Durham County (2008-2009)

                                                                                                                                                     15 min.

Tasha Johnson, P.E., District Engineer for the North Carolina Department of Transportation, will present the Board with the Annual Secondary Road Construction Program for Durham County (2008—2009).  Division Engineer Wally Bowman, P.E., and Division Maintenance Engineer Brandon Jones, P.E., will accompany Ms. Johnson.

 

Resource Person(s): Tasha Johnson, P.E., North Carolina Department of Transportation, Division of Highways, Division Five

 

County Manager's Recommendation: The Manager recommends that the Board review the Proposed Secondary Road Construction Program and hold the public hearing.  Note that any changes to the priorities will affect others on the priority listing.  After the public hearing, if appropriate, approve the Proposed Secondary Road Program.

 

7.     Board and Commission Appointments

                                                                                                                                                       5 min.

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

 

·      Audit Oversight Committee

·      City-County Appearance Commission

·      Civic Center Authority

·      Juvenile Crime Prevention Council

·      Library Board

·      Nursing Home Community Advisory Committee

·      Women's Commission

 

Resource Person(s): Vonda Sessoms

 

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

 

8.    Closed Session

                                                                                                                                                     15 min.

       The Board is requested to adjourn to closed session to consult with an attorney and to preserve CVS the attorney-client privilege and to discuss County of Durham v. E.T. Development Corporation, 08 CVS 3340, pursuant to G.S. § 143-318.11(a)(3).

                                                                                                                                                   _________

                                                                                                                                                        1¼ hrs.