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]