Weekend roundup and next City Council agenda

Friday was International Workers' Day/May Day, the revolutionary labor day that started in Chicago in the late 1880s.  Recently it has been revived in the USA in a big way for immigrant rights, though there are usually May Day events of some kind in the Triangle.  There was a rally against the 287g program in Durham, organized by El Kilombo Intergalactico (see the Durham section of the Saturday issue of the Herald-Sun).  I didn't hear about it beforehand.     

 

Saturday was the second annual Festival for Wildlife, at Durham's Leigh Farm Park, and organized by the Piedmont Wildife Center.

 

There was a marijuana legalization rally in Raleigh.  On a related item, I thought the bill to ban Salvia divinorum (unless it is supposedly planted as a landscaping plant) was buried in committee.  Instead, UNCTV's Legislative Week in Review on Friday said the bill is moving along.  I've seen around three letters on this in the N&O, all of them against the ban.  

 

A State bill to allow more supposed erosion control structures on the coast was approved by the Senate and is going to the House.  It looks like NC might be going the way of all of the other states that allow people to save their oceanfront property at the expense of the rest of the beach.         

 

City Council agenda

 

There doesn't seem to be anything very outrageous coming up before the City Council Monday.  The issue of buying the old Scott Mill site for one or two schools is before the BOCC worksession Monday.  That agenda is on the County website.  The County government is also now on Facebook.   

 

From www.durhamnc.gov/agendas -

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]

2. Human Relations Commission - Appointment

To appoint Anna Davis to the Human Relations Commission with the term expiring on June 30, 2010.

Note: At the Work Session on April 23, 2009, Ms. Davis received seven (7) votes.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 3 pages) (PR# 6078)

3. Capital Program Advisory Committee - Receive and Accept Applications

To receive and accept applications for citizens to fill two (2) vacancies on the Capital Program Advisory Committee to represent PAC 1 and PAC 2 with the terms to expire on March 31, 2011.

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

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 9 pages) (PR# 6081)

4. Durham Planning Commission – Receive and Accept Applications

To receive and accept applications for a citizen to fill one (1) vacancy on the Durham Planning Commission to represent District 4 with the term expiring on June 30, 2012.

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

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 8 pages) (PR# 6079)

5. Bid Report – March 2009

To receive a report and to record into the minutes bids which were acted upon by the City Manager during the month of March 2009.

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #5 - 5 pages) (PR# 6082)

6. Bids - Term Contract For Lubricants

To accept the bid from Hutchens Petroleum Corporation, in the estimated amount of $278,959.90 for providing the City with a term contract for Lubricants;

To authorize the City Manager to enter into a contract with Hutchens Petroleum Corporation., in the amount of $278,959.90 for providing the City with a term contract for Lubricants; and

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

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #6 - 5 pages) (PR# 6083)

7. Contract Extension - Low Entry Refuse Collection Cab & Chassis

To authorize the City Manager to enter into a contract extension with Southern Truck Service, Inc., in the amount of $505,472.00 for providing the City with four Low Entry Refuse Collection Cab & Chassis; and

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

(Resource Persons: Joseph W. Clark – 4132 and Paul Koch - 4101) (Attachment #7 - 3 pages) (PR# 6091)

8. Contract Extension - Rental Contract for Multi-Function Print Devices

To authorize the City Manager to enter into a contract extension with Sharp Business Systems, in the estimated amount of $591,458.10 ($0.0243 per black & white copy and $0.065 per color copy) for providing the City with Multi-Function Print Devices; and

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

(Resource Person: Joseph W. Clark – 4132) (Attachment #8 - 4 pages) (PR# 6107)

9. Setting Public Hearings for the Confirmation of Assessment Rolls

To adopt a resolution setting a public hearing for May 18, 2009 for confirmation of 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 #9 - 13 pages) (PR# 6085)

10. Non-City Agency Selection Process Performance Audit (March, 2009)

To receive and accept the Non-City Agency Selection Process Performance Audit dated March, 2009, as presented and approved at the March 23, 2009 meeting of the Audit Services Oversight Committee.

(Resource Person: Germaine Brewington - 4213 ext. 14244) (Attachment #10 - 13 pages) (PR# 6066)

11. 2005 General Obligation Bond and 2007 General Obligation Street Bond Financial Audit (March 2009)

To receive and accept the 2005 General Obligation Bond and 2007 General Obligation Street Bond Financial Audit dated March 2009 as presented and approved at the March 23, 2009 meeting of the Audit Services Oversight Committee.

(Resource Person: Germaine Brewington – 4213 ext. 14244) (Attachment #11 - 18 pages) (PR# 6067)

12. Approval of the FY 2009-2010 Annual Action Plan for the Use of CDBG, HOME and ESG Funds

To approve the FY 09-10 Annual Action Plan for the Use of CDBG, HOME and ESG funds for submission to the U.S. Department of Housing and Urban Development (Attachment A);

To authorize the City Manager to execute all administrative requirements and contractual documents necessary for implementation of the Annual Action Plan to include all CDBG, HOME and ESG program agreements and related documents;

To adopt the City of Durham/U.S. Department of Housing and Urban Development Community Development Block Grant Project Ordinance in the amount of $2,095,004.00 (Attachment B);

To adopt the City of Durham/U.S. Department of Housing and Urban Development HOME Investment Partnerships Program/American Dream Down payment Initiative Grant Project Ordinance in the amount of $1,496,000.00 (Attachment C); and

To adopt the City of Durham/U.S. Department of Housing and Urban Development Emergency Shelter Grant Project Ordinance in the amount of $84,684.00 (Attachment D).

(Resource Person: Wilmur Conyers – 4570 ext. 277) (Attachment #12 - 65 pages) (PR# 6090)

13. Subrecipient Contract – Durham Affordable Housing Coalition Volunteer Minor Repair Program

To approve the expenditure of $50,000.00 of CDBG funds for a subrecipient contract with Durham Affordable Housing Coalition for the Volunteer Minor Home Repair Program;

To authorize the City Manager to execute a subrecipient contract with Durham Affordable Housing Coalition for the Volunteer Minor Home Repair Program; and

To authorize the City Manager to make changes to the contract that do not increase the contract amount, lessen the contractor's duties or extend the contract period.

(Resource Person: Donald R. Ham – 4570) (Attachment #13 - 23 pages) (PR# 6098)

14. Award of Home Funds to Woodland Associates, Inc. for the Purchase of Nine Affordable Rental Units

To authorize the expenditure of $205,000.00 in budgeted HOME funds for the purpose of affordable housing;

To authorize the City Manager to execute a Loan Agreement, HOME Investment Partnerships Agreement and other related legal documents in the amount of $205,000.00 that will be repaid over a period of 20 years at 2%; and

To authorize the City Manager to make changes to the agreements prior to execution that does not increase the loan amounts or lessen the obligations of Woodland Associates, Inc.

(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #14 - 57 pages) (PR# 6102)

16. Neighborhood Revitalization Contract with St. Joseph's Historic Foundation, Inc.

To authorize the City Manager to execute a contract with St. Joseph's Historic Foundation, Inc., in the amount of $50,000.00 for the preparation of development and curatorial services plans for the proposed expansion for the Hayti Heritage Center along the Fayetteville Street Corridor; and To authorize the City Manager to modify the contract provided that the modifications do not increase the dollar amounts and the modifications are consistent with the general intent of the contracts.

(Resource Person: Chris Dickey – 4965 ext. 15204) (Attachment #16 - 16 pages) (PR# 6094)

17. Amendment to the Retirement Health Savings (RHS) Plan

To approve the amendment to the Retirement Health Savings (RHS) Plan; and

To authorize the City Manager to execute the affirmative statement and submit the amendment agreement.

(Resource Person: Keith Herrmann – 4455 ext. 230) (Attachment #17 - 9 pages) (PR# 6099)

18. St. Joseph's Historic Foundation Development Agreement First Amendment

To approve the First Amendment to the St. Joseph's Development Agreement;

To authorize the City Manager to execute the First Amendment to Development Agreement between City of Durham and St. Joseph's Historic Foundation, Inc.; and

To authorize the City Manager to make changes to the amendment, so long as the changes do not add to the City's costs or lessen the Developer's obligations.

(Resource Person: Shelia A. Huggins – 4197 ext. 274) (Attachment #18 - 11 pages) (PR# 5791)

19. LCID (Land Clearing and Inert Debris) Phase II Closeout Professional Services Agreement

To authorize the City Manager to execute an Agreement to provide Survey and Engineering Services for the LCID Landfill Phase II project between the City of Durham and CH Engineering, PLLC in the amount of $34,000.00;

To authorize the City Manager to make changes to the contract before executing it if the changes do not increase the fee to be paid by the City and do not decrease the goods and services to be provided to the City;

To authorize the City Manager to negotiate and execute amendments on the agreement, provided the total project design cost does not exceed the amount budgeted for design phase services plus a project design contingency amount equal to $6,800.00; and

To adopt the Resolution Exempting the LCID Landfill Phase II Project from G.S. 143-64.31.

(Resource Person: Donna Maskill – 4197 ext. 228) (Attachment #19 - 52 pages) (PR# 6084)

20. Members Credit Union Automatic Teller Machine (ATM) and Local Government Federal Credit Union (LGFCU) Compass Kiosks Lease Agreements

To authorize the City Manager to execute lease agreements with Members Credit Union for an ATM to be placed in City Hall and Local Government Federal Credit Union for two kiosks to be located in the Public Works Operation Center lobby and the old Solid Waste Management building; and

To authorize the City Manager to modify the agreement 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 agreement.

(Resource Person: Virginia H. Jones – 4214) (Attachment #20 - 17 pages) (PR# 6108)

21. Peer Cities for Benchmarking

To receive a report on Peer Cities to be used for Benchmarking.

(Resource Person: Julie Brenman – 4222 ext. 224) (Attachment #21 - 2 pages) (PR# 6086)

22. Capital Project Ordinance Amendment for the Third Fork Creek Trail

To adopt an Ordinance Amending the General Capital Project Ordinance, Fiscal Year 2008-09, as amended, the same being Ordinance #13632, for the purpose of allocating $1,200,000.00 from the 501 Rail Corridor Project to the Open Space and Greenways/Third Fork Creek Trail Project.

(Resource Person: Beth Timson – 4355) (Attachment #22 - 7 pages) (PR# 6076)

23. Use of Controlled Substance Abuse Funds and Federal Asset Forfeiture Funds

To authorize the Use of Controlled Substance Abuse Funds and Federal Asset Forfeiture Funds in an amount not to exceed $134,140.00 for a Promotional Assessment Center;

To authorize the City Manager to execute a contract with Morris & McDaniel, Inc. to conduct the Promotional Assessment Center; and

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

(Resource Person: Kathy Koechling – 4168) (Attachment #23 – 96 pages) (PR# 6100)

24. License Agreement with The Hills at Southpoint Community Association, Inc. for Decorative Column with Fixed Swing-Gates within the South Heritage Drive Public ROW

To recommend approval of a license agreement with The Hills at Southpoint Community Association, Inc. to install and maintain a decorative column with fixed swing-gates within the South Heritage Drive public ROW, entrance to The Hills at Southpoint Subdivision with the additional provision that the HOA provide and maintain insurance in an amount recommended by the City of Durham Risk Management Division.

(Resource Persons: Edward R. Venable and Robert N. Joyner – 4326) (Attachment #24 - 7 pages) (PR# 6092)

25. Amendment to Agreement for Engineering Services for Water Treatment Plant Improvements

To authorize the City Manager to execute a contract amendment with Hazen and Sawyer, P.C. for engineering services for work to be performed at the Brown and Williams Water Treatment Plants which will increase the contract amount by $267,613.00 and the total project cost will not exceed $855,233.00; and

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

(Resource Person: Thomas A. Bastable – 4381 ext. 255) (Attachment #25 - 7 pages) (PR# 6065)

26. Encroachment Agreement with CSX Transportation, Inc., for a 36" Potable Waterline Crossing Railroad

To authorize the City Manager to execute an Encroachment Agreement with CSX Transportation, Inc., for 134 lf of 36" bored waterline crossing along East Pettigrew Street for the Southern Reinforcing Main Project – Phase I; 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 are consistent with the general intent of the version of the agreement.

(Resource Person: James E. Harding – 4381 ext. 260) (Attachment #26 - 28 pages) (PR# 6093)

27. Ordinance to Adopt Water Efficiency Measures

To adopt an Ordinance Amending Chapter 70 Article VI of the Durham City Code ("Water Conservation") to adopt an Ordinance Creating a New Division to Implement Year-Round Water Efficiency Requirements and Related Enforcement Provisions and to Reorganize Article VI to Create Two Divisions.

(Resource Person: Reginald Hicks – 4381) (Attachment #27 - 10 pages) (PR# 6096)

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

34 – 37. These items can be found on the General Business Agenda – Public Hearings.

40. This item can be found on the General Business Agenda – Public Hearings.

[General Business Agenda]

32. 2009 First Quarter Crime Report

To receive the 2009 First Quarter Crime Report.

(Resource Person: Chief Jose Lopez Sr. – 4322) (Attachment #32 – 14 pages) (PR# 6109)

[General Business Agenda - Public Hearings]

34. ARRA (American Recovery and Reinvestment Act) - The Proposed Amendments to the FY 2005-2010 Consolidated Plan and the FY 2008-2009 Annual Action Plan

To conduct a public hearing and receive public comments on the proposed amendments to the FY 2008-2009 Annual Action Plan;

To approve the amendments to the FY 2008-2009 Annual Action Plan (Attachments A and B);

To authorize the City Manager to execute all administrative requirements and contractual documents necessary for the implementation of the amended Annual Action Plan;

To adopt the City of Durham/U.S. Department of Housing and Urban Development Community Development Block Grant –Recovery Project Ordinance in the amount of $516,025.00 (Attachment C); and

To adopt the City of Durham/U.S. Department of Housing and Urban Development Homelessness Prevention and Rapid Re-Housing Program Grant Project Ordinance in the amount of $789,101.00 (Attachment D).

(Resource Person: Larry Jarvis – 4570 ext. 273) (Attachment #34 - 6 pages) (PR# 6103)

35. Street Closing – 295 Linear Feet of Sumter Street (SC0800007)

To conduct a public hearing on the permanent closing of 295 linear feet of Sumter Street, north of Maxwell Street, south of West Pettigrew Street; and

To adopt an Order permanently closing 295 linear feet of Sumter Street subject to conditions that prior to the street closings becoming effective and the recordation of the street closing documents the following actions must be completed:

1) A site plan must be submitted and approved for the subject tract that contains and/or represents the following site conditions:

a. The former Sumter and Maxwell Street alignments must be generally maintained however the location may be adjusted to allow for reasonable design considerations.

b. This alignment must be available for unrestricted general public use between the hours of 6 a.m. and 12:00 a.m., 365 days a year. A note must be placed in the Special Conditions Box (SCB) on the face of the site plan to this effect.

c. If gates or similar structural barriers are to be utilized then the barrier arms or panels must be maintained in their raised or open position during the hours of 6 a.m. and 12:00 a.m. A note must be placed in the Special Conditions Box (SCB) on the face of the site plan to this effect.

d. That both bicycle and pedestrian access must be maintained along the former Maxwell and Sumter Street alignments with no limitation to the hours of access. A note must be placed in the Special Conditions Box (SCB) on the face of the site plan to this effect.

e. That Duke University will allow for reasonable community access to the parking areas for special events that are being held after normal business operation hours or on weekends. A note must be placed in the Special Conditions Box (SCB) on the face of the site plan to this effect.

f. That a note be placed in the SCB on the face of the site plan that should an amendment be requested that modifies any of the above conditions that a site plan amendment be submitted and that the staff will notify the City Council of the new application and subsequent potential change to the conditions.

2) The initiation of physical construction of site improvements consistent with the site plan which reflects the above conditions.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #35 - 11 pages) (PR# 5900)

36. Street Closing – 1,067 Linear Feet of Maxwell Street (SC0800008)

To conduct a public hearing on the permanent closing of 1,067 linear feet of Maxwell Street, west of South Buchanan Boulevard, east of Campus Drive; and

To adopt an Order permanently closing 1,067 linear feet of Maxwell Street subject to conditions that prior to the street closings becoming effective and the recordation of the street closing documents the following actions must be completed:

1) A site plan must be submitted and approved for the subject tract that contains and/or represents the following site conditions:

a. The former Sumter and Maxwell Street alignments must be generally maintained however the location may be adjusted to allow for reasonable design considerations.

b. This alignment must be available for unrestricted general public use between the hours of 6 a.m. and 12:00 a.m., 365 days a year. A note must be placed in the Special Conditions Box (SCB) on the face of the site plan to this effect.

c. If gates or similar structural barriers are to be utilized then the barrier arms or panels must be maintained in their raised or open position during the hours of 6 a.m. and 12:00 a.m. A note must be placed in the Special Conditions Box (SCB) on the face of the site plan to this effect.

d. That both bicycle and pedestrian access must be maintained along the former Maxwell and Sumter Street alignments with no limitation to the hours of access. A note must be placed in the Special Conditions Box (SCB) on the face of the site plan to this effect.

e. That Duke University will allow for reasonable community access to the parking areas for special events that are being held after normal business operation hours or on weekends. A note must be placed in the Special Conditions Box (SCB) on the face of the site plan to this effect.

f. That a note be placed in the SCB on the face of the site plan that should an amendment be requested that modifies any of the above conditions that a site plan amendment be submitted and that the staff will notify the City Council of the new application and subsequent potential change to the conditions.

2) The initiation of physical construction of site improvements consistent with the site plan which reflects the above conditions.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #36 - 11 pages) (PR# 5901)

37. Street Closing – 80 Linear Feet of Conyers Avenue (SC0900001)

To conduct a public hearing on the permanent closing of 80 linear feet of Conyers Avenue, south of Wilkerson Avenue and north of NC 147; and

To adopt an Order permanently closing 80 linear feet of Conyers Avenue.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #37 - 9 pages) (PR# 6074)

40. Establish Third Residential Stormwater Billing Rate Tier

To conduct a public hearing and receive public comments on the establishment of a third residential stormwater billing rate tier; and

To adopt an Ordinance Amending Chapter 15 of the Durham Fee Schedule, Part 15-113 to establish a third residential stormwater billing rate to be effective July 1, 2009.

(Resource Person: Edward Cherry – 4326 ext. 228) (Attachment #40 - 3 pages) (PR# 6101)

[Adjournment]