City worker protest at Council meeting + EEUDO presentation

From the United Electrical public workers' union:  workerjustice at gmail dot com - 1-800-815-4946

 
"City of Durham:  Don't Balance the Budget on the Backs of City Workers!

As the banks and big corporations receive trillions in bailout money, governments are balancing budgets on workers' backs. Public workers are under attack! There is no fat left on services. Any cuts will be cuts to the bone.

The city manager, Tom Bonfield, recommends kicking 35 workers to the curb and eliminating their jobs, no pay for performance merit increases, longevity cuts, 2% cut to 401K contributions, and benefit cuts to part-time employees working less than 30 hours per week.

If cuts are necessary, then it should happen at the administrative levels only. Fire and police workers should be treated the same as other front-line city employees who provide essential services. Any stimulus money should be used for public jobs, not more privatization.

The city manager proposed that the City of Durham's Fund Balance, Rainy Day Fund, will not be used to balance the budget. "It will be maintained at 11%, but may increase using savings from FY2009". Well, HELLO. . . IT'S RAINING!!

In fact, it's a severe thunderstorm bordering on hurricane conditions for frontline workers! We are certainly being forced to go into our "rainy day funds" or savings, if we have them, to balance our household budgets or to keep from slipping two or three months behind in our bills.

We've had to pay for necessities for our family with high interest credit cards and yes, even from time to time, visit the dreaded cash advance/check cashing establishments. If workers' rainy day funds can get drained to 0%, why do the city administrators refuse to even consider lowering the city's below 11%? The pain should be shared!

The root of the budget problem faced by municipalities and the state is NC's outdated revenue systems. Proposals in the state legislature will increase the already huge tax breaks for corporations and the wealthy.

The only real chance that workers and the communities we serve have to stop the disasters we face is to organize, make our voices heard, and FIGHT BACK!

Come out to the Durham City Council Meeting on Monday, May 18th, 2009, 7:00 p.m. at 101 City Hall Plaza and let them see that Durham City Workers and the communities we serve are opposed to the budget being balanced on our backs!

Also, at 6:00 pm (right before the City Council meeting) Durham city workers will hold a City Worker Speak Out to talk about the important jobs we do. The Speak Out will take place at the Orange Street Mall next to City Hall. Please come out and support city workers and the work we do for our city!

The city works because we do!"

 

 

 

At the end of the agenda there are some items about floodplain fill near Rocky Creek and a rezoning request. 

 

Tuesday, 4:30-6:30, there will be an open house in the City Hall lobby on the Environmental Enhancements to the Unified Development Ordinance.    

 

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 April 6, 2009 and April 20, 2009 City Council Meetings; and

To approve City Council action taken at the March 19, 2009 and April 9, 2009 City Council Work Sessions. (Resource Person: D. Ann Gray – 4166) (PR# 6104)

2. Equal Business Opportunity Program Advisory Committee - Receive and Accept an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Equal Business Opportunity Program Advisory Committee for a SDBE Construction Firm Owner with the term to expire on April 1, 2011.

(Due to the expired term of Joyce Tipton)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 4 pages) (PR# 6122)

3. Durham Area Transit Authority Board of Trustees - Receive and Accept an Application

To receive and accept an application for a citizen to fill one (1) vacancy for an Alternate Member on the Durham Area Transit Authority Board of Trustees with the term to expire on March 1, 2012.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 3 pages) (PR# 6127)

4. Capital Program Advisory Committee - Appointments

To appoint James Richard Haggie (representing PAC 1) and to reappoint Maryann B. Crea (representing PAC 2) to the Capital Program Advisory Committee with the terms to expire on March 31, 2011.

Note: At the Work Session on May 7, 2009, Mr. Haggie received 6 votes and Ms. Crea received 6 votes.

(Due to the expired terms of Maryann B. Crea and Thomas M. Poole)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 9 pages) (PR# 6132)

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

6. Bids - Four Rear Loading Refuse Collection Vehicles

To accept the bid from Amick Equipment Company, Inc. in the amount of $359,796.00 for providing the City with four Rear Loading Refuse Collection Bodies;

To authorize the City Manager to enter into a contract with Amick Equipment Company, Inc. in the amount of $359,796.00 for providing the City with four Rear Loading Refuse Collection Bodies;

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

(Resource Persons: Joseph W. Clark and Paul Koch – 4132) (Attachment #6 - 5 pages) (PR# 6135)

7. Mortgage Loan Portfolio Quarterly Report, Third Quarter FY2009

To receive the Mortgage Loan Portfolio Quarterly Report, Third Quarter FY2009.

(Resource Person: Julie Quinn – 4570 ext. 248) (Attachment #7 - 6 pages) (PR# 6130)

8. Community Housing Development Organization (CHDO) Grant Agreement between the City of Durham and Builders of Hope, Inc.

To authorize the expenditure of $60,000.00 in HOME CHDO funds;

To authorize the City Manager to execute a CHDO Grant Agreement with Builders of Hope, Inc. in an amount of up to $60,000.00 in HOME CHDO funds;

To authorize the City Manager to execute a HOME Investment Partnership Agreement with Builders of Hope, Inc. in an amount of up to $60,000.00; and

To authorize the City Manager to modify the agreements and other related documents before execution provided that the modifications do not increase the dollar amount of the agreements and do not lessen the obligations of the contractor.

(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #8 - 30 pages) (PR# 6136)

9. ARRA (American Recovery and Reinvestment Act) - City of Durham Employment and Training Grant Project Ordinance FY 2008-2010

To authorize the City Manager to accept the federal formula American Recovery and Reinvestment Act funds from the State of North Carolina Division of Workforce Development by executing the grant documents; and

To adopt the American Recovery and Reinvestment Act "City of Durham Employment and Training" FY 2008-2010 Grant Project Ordinance in the amount of $1,317,711.00.

(Resource Person: Nicholas McCoy – 4965 ext. 15220) (Attachment #9 - 5 pages) (PR# 6147)

10. Proposed Sale of Property Located at 1212 Drew Street, Parcel #113250 and 1214 Drew Street, Parcel #113249 to Duke Energy Carolinas, LLC

To declare Parcel #113249 (City Tract #1155) and Parcel #113250 (City Tract #693) surplus;

To authorize the sale of Parcel # 113249 and Parcel #113250 by private sale to Duke Energy Carolinas, LLC under the authority of Section 86 of the City Charter;

To accept the offer of $15,700.00 from Duke Energy Corporation to purchase Parcel #113249 and Parcel # 113250; and

To authorize the City Manager to sell and the Mayor to convey to Duke Energy Corporation Parcel #113249 and Parcel # 113250 by non-warranty deed.

(Resource Person: Cecil Woods – 4197 ext. 251) (Attachment #10 - 6 pages) (PR# 6117)

11. Proposed Friendly Condemnation of Property of the Homeplace Townhomes Association, Inc. Parcel ID # 148306 – 324 Woodcroft Parkway (At Highgate Drive)

To find that it is necessary, in the public interest, and for the public use and benefit to condemn a fee simple in a 895.39 square foot portion of the property identified as Tax Map Parcel 148225 and owned by The Homeplace Townhomes Association, Inc., as shown on the map entitled, "Final Plat Showing Right-of-Way required for Woodcroft Parkway and Highgate Drive Roundabout" prepared by Durham Department of Public Works – Engineering Division, dated September 6, 2006 and recorded with the Durham County Register of Deeds at Plat Book 174, Page 135; and

To authorize the City Attorney to initiate condemnation proceedings for that purpose, with a deposit to the Clerk of Court's Office in the amount of $2,000.00 as the City's estimate of just compensation.

(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #11 - 3 pages) (PR# 6137)

12. Tower License Agreement with T-Mobile South, LLC to Attach Cellular Antenna to Cole Mill Road Cell Tower – 1701 Cole Mill Road - Parcel ID #174121

To authorize the City Manager to execute the Tower License Agreement with T-Mobile to attach antennas to the cell tower and make related improvements at 1701 Cole Mill Road, Parcel ID #174121; and

To authorize the City Manager to make changes to the agreement provided such changes do not materially affect the intent and purpose of the agreement.

(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #12 - 19 pages) (PR# 6138)

13. Proposed Acquisition of a Portion of 6519 S. Alston Ave., Parcel # 151271 for Cary Interconnection Projects – Installation of a 16-Inch Water Main and Booster Pump Station

To approve the acquisition of 1.06 acres in fee simple absolute that is a portion of 6519 S. Alston Avenue, Parcel 151271, for $226,000.00 from Triangle Brick Co., Inc. for the construction of a 16-inch water main interconnection and booster pump station.

(Resource Person: Jeannette Ramsay – 4197 ext. 248) (Attachment #13 - 3 pages) (PR# 6140)

14. Execution of Amendment 1 to Parking Systems Management Services Agreement with Lanier Parking Systems of NC, Inc.

To authorize the City Manager to negotiate and execute a contract amendment with Lanier Parking Systems (LPS) of North Carolina, Inc. for additional parking management services for a total amount not to exceed $3,835,506.67; and

To authorize the City Manager to make changes to the contract amendment 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 Crutchfield – 4197) (Attachment #14 - 11 pages) (PR# 6141)

15. Adding Interest Income from Invested Funds to the Durham Performing Arts Center (DPAC) Project Budget

To authorize the City Manager to add the unscheduled interest income to the DPAC project budget increasing the DPAC total project budget from $46,870,000 to $47,067,449 and to move the remaining project balance to the DPAC Fund upon formal closeout of the project; and,

To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal year 2008-2009, the same being Ordinance #13632 for the purpose of recognizing $197,449 of unanticipated interest income earned from DPAC funding sources.

(Resource Person: Chris Krueger – 4197 ext. 245) (Attachment #15 - 4 pages) (PR# 6143)

16. Durham City-County Planning Commission 2008 Annual Report

To receive the Durham City-County Planning Commission 2008 Annual Report.

(Resource Person: George Brine, Chair – 4137 ext. 223) (Attachment #16 - 11 pages) (PR# 6115)

17. Annual Report – Design District Review Team

To receive the 2008 Annual Report of the Design District Review Team.

(Resource Person: Kevin Lilley, Chair – 4137 ext. 223) (Attachment #17 - 3 pages) (PR# 6124)

18. Annual Report – Durham City-County Appearance Commission

To receive the 2008 Annual Report of the Durham City-County Appearance Commission.

(Resource Person: John Compton, Chair – 4137 ext. 223) (Attachment #18 - 7 pages) (PR# 6125)

19. Revised Durham City-County Inspections and Durham City-County Planning Department Fee Resolution

To adopt an Ordinance to Change the Durham City-County Inspections and Durham City-County Planning Department fees; and

To adopt an Ordinance to Modify Chapter 10 of the City Code by changing the due date for Inspections fees under the charge account system.

(Resource Persons: William E. Bradham – 4144 and Steven L. Medlin, AICP – 4137) (Attachment #19 - 11 pages) (PR# 6139)

20. Renewal of Police Department Software Agreements with SunGard Public Safety, Inc.

To authorize the City Manager to execute the Software License and Services Agreement and Software Maintenance Agreement with SunGard Public Safety, Inc. for an amount not to exceed $83,777.00 in Fiscal Year 2008-2009; and

To authorize the City Manager to modify the agreement prior to execution provided the modifications do not increase the dollar amount of the agreement and the modifications are consistent with the general intent of the version of the agreement. (Resource Person: Randy Browning – 4304 ext. 29130) (Attachment #20 - 23 pages) (PR# 6126)

21. Contract for Reimbursement of Costs Incurred for Law Enforcement Assistance and Accompanying Grant Project Ordinance

To authority the City Manager to execute a contract with the Town of Chapel Hill for Reimbursement of Costs Incurred for Law Enforcement Assistance;

To authorize the City Manager to accept the City of Durham and Town of Chapel Hill for Temporary Law Enforcement Assistance During the 2009 NCAA Basketball Tournament grant by executing the grant documents; and

To adopt the City of Durham and Town of Chapel Hill for Temporary Law Enforcement Assistance During the 2009 NCAA Basketball Tournament Grant Project Ordinance, in the amount of $8,771.14.

(Resource Person: Charlene Balch – 4322) (Attachment #21 - 8 pages) (PR# 6129)

22. Authorization of Contract with Renaissance Planning Group, Inc. for a Transportation Study of NC 54/I-40 Corridor/Sub-Area

To authorize the City Manager to execute a contract for $257,432.59 with Renaissance Planning Group, Inc. for the transportation study of the NC 54/I-40 corridor/sub-area; and

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

(Resource Person: Leta Huntsinger – 4366) (Attachment #22 - 29 pages) (PR# 6133)

23. Agreement for Engineering Services for Dam Regulatory Compliance Study

To authorize the City Manager to execute a contract with Hazen and Sawyer, P.C. for engineering services for the Dam Regulatory Compliance Study Project in the total amount not to exceed $409,900.00;

To authorize establishment of a contingency fund for the contract of $40,000.00;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $40,000.00 and the total project cost does not exceed $449,900.00; and To authorize the City Manager to modify the initial contract and amendment before execution provided the modifications do not increase the dollar amount of the contract and amendment and are consistent with the general intent of the version of the contract approved by City Council.

(Resource Person: Thomas A. Bastable – 4381 ext. 255) (Attachment #23 - 41 pages) (PR# 6120)

24. Engineering Contract Amendment with Black and Veatch for Water Treatment Regulatory Compliance, Upgrade, Expansion and Improvement Project

To adopt a Resolution Exempting the Water Treatment Regulatory Compliance Project from G.S. 143-64.31;

To authorize the City Manager to negotiate and execute a contract amendment with Black and Veatch, Inc. for additional engineering services for the Water Treatment Regulatory Compliance, Upgrade, Expansion and Improvement Project for a total amount not to exceed $3,990,881.00; and

To authorized the establishment of a contingency fund for the contract of $399,088.00; and

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $399,088.00 and the total amendment cost does not exceed $4,389,969.00; and

To authorize the City Manager to modify the amendment before execution provided the modifications do not increase the dollar amount of the contract, as amended and are consistent with the general intent of the version of the contract approved by City Council.

(Resource Person: Nancy Newell – 4381) (Attachment #24 - 5 pages) (PR# 6134)

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

29 – 31. Those items can be found on the General Business Agenda – Public Hearing.

[General Business Agenda]

5. Durham Planning Commission - Appointment

To appoint a citizen to fill one (1) vacancy on the Durham Planning Commission to represent At-Large with the term expiring on June 30, 2012.

Note: At the Work Session on May 7, 2009, Frederick A. Davis received three (3) votes, Barbara Beechwood received two (2) votes and Colin Crossman received one (1) vote. Also, at the Joint City-County Planning Committee meeting on April l, 2009, Ms. Beechwood was recommended to fill this seat.

(Due to the term expiring of Corinne A. Mabry)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 8 pages) (PR# 6151)

28. Adoption of Proposed Water and Sewer Rates for FY 2009-2010

To adopt an Ordinance Amending Durham City Code Section 70-51- Monthly Rates for Water Service, Sewer Service, and Water and Sewer Service effective May 18, 2009 with rates applied to bills beginning in August of 2009.

(Resource Person: Vicki Westbrook – 4381 ext. 266) (Attachment #28 - 48 pages) (PR# 6144)

[General Business Agenda - Public Hearings]

Assessments and Improvements

29. Confirmation of Assessment Rolls

To conduct a public hearing and receive public comments; and

To adopt a resolution confirming each of the following assessment rolls:

Curb, Gutter and Paving on Wynn Road from NC Hwy 55 East to Railroad Right-of-Way;

Water and Sewer Laterals on Wynn Road from NC Hwy 55 East to Railroad Right-of-Way;

Street Opening, Curb, Gutter and Paving on Roane Street from end of pavement at the North Property Line of Tax Map 603-4-3 to North Property Line of Tax Map 603-4-1

Water and Sewer Laterals on Roane Street from end of pavement at the North Property Line of Tax Map 603-4-3 to North Property Line of Tax Map 603-4-1

Water Main on Roane Street from end of pavement at the North Property Line of Tax Map 603-4-3 to North Property Line of Tax Map 603-4-1.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #29 - 13 pages) (PR# 6105)

30. Major Special Use Permit – Stewart Heights Apartment Building "TT" (M0800004)

To hold a quasi-judicial public hearing to consider a Major Special Use Permit for development within the 100-year floodplain floodway fringe; and

To direct the Planning Director to prepare an order for adoption, for 1) approval, 2) approval with conditions or 3) denial, or to continue the hearing to a specified later meeting. (A draft order for approval with staff recommended conditions will be available at the meeting)

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #30 - 66 pages) (PR# 6075)

31. Initial Zoning Map Change – Alexander Village Initial (Z0800036A)

To conduct a public hearing and receive public comments on the initial zoning map change for Alexander Village Initial (Z0800036A); and

To adopt an ordinance amending the Unified Development Ordinance, to establish Commercial Center (CC) and Residential Rural (RR) 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 T.W. Alexander Drive and east of Page Road, PINs 0759-02-60-7163 (partial)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #31 - 9 pages) (PR# 6113)

[Supplimental Items]

38. Proposed Fiscal Year 2009-2010 Budget and Fiscal Year 2010-2015 Capital Improvement Plan

To receive a presentation on the Proposed Fiscal Year 2009-2010 Budget and Fiscal Year 2010-2015 Capital Improvement Plan.

(Resource Person: Bertha T. Johnson – 4111 ext. 20285) (PR# 6210)

[Adjournment]