Durham Spark - Durham, North Carolina, USA

Monday, April 07, 2008

BOCC and City Council meetings tonight

Both the County Commissioners and the City Council are meeting Monday at 7pm. The links for their agendas are www.co.durham.nc.us/departments/bocc/Agendas/Council_Meeting_Agen.html and www.durhamnc.gov (see the sidebar in the City Council section).

Board of County Commissioners

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

THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

Monday, April 7, 2008

9:00 A.M. Worksession

AGENDA

1. Citizen Comments

20 min.

1. Mr. Jack Steer, 2416 Dawn Trail, Durham, NC 27712, requested time on the agenda to speak to the Commissioners about the FY 2008/09 Budget.

2. Mr. Ralph McKinney Jr., 500 Fairfield Road, Durham, NC 27704, requested to speak to the Board about violence and racial division.

3. Ms. Gail Winton, 2625 Chapel Hill Road, Durham, NC 27707, requested to speak to the Commissioners about child abuse and protection.

4. Ms. Theresa El-Amin, PO Box 52731, Durham, NC 27717, requested to speak to the Commissioners about the prepared food sales tax.

2. Women's Commission—Removal of Tiketha Collins and Cheryl Dawes as Board Members due to Poor Attendance

10 min.

On June 26, 2006, the Board of County Commissioners appointed Cheryl Dawes to serve a full term on the Durham County Women's Commission; on August 28, 2006, the Board of County Commissioners appointed Tiketha Collins to serve a full term on the Durham County Women's Commission. Based on information from Women Commission Chairman Yvonne Dunlap, Ms. Dawes and Ms. Collins have failed to comply with the Policy and Procedures for Appointments to the County Boards, Commissions, Committees or Authorities, set forth by the County Commissioners. Section 1.(F) of the Policy states, "If an appointee has absences (excused or unexcused) which constitute more than 50% of the meetings in any calendar year which he or she is required to attend pursuant to his or her appointment, he or she is obligated to resign."

The Clerk to the Board's Office has attempted to contact both Ms. Collins and
Ms. Dawes several times via telephone, courier mail, and email, requesting their resignation; no response has been received.

County Manager's Recommendation: The Manager recommends that the Board suspend the rules and remove Ms. Collins and Ms. Dawes from the Women's Commission.

3. Annual Contract Performance: Downtown Durham, Inc.

15 min.

The Board of County Commissioners appropriated $55,000 to the Downtown Durham, Inc. (DDI) in Fiscal Year 2008 pursuant to a contract that requires the organization to submit an annual report in April. DDI representatives will present their finding and respond to questions that the Board may have.

Resource Person(s): Bill Kalkhof, President, Downtown Durham, Inc.

County Manager's Recommendation: The Manager recommends that the Board receive the report and advise the staff if any additional information or action is necessary.

4. Annual Contract Performance: Greater Durham Chamber of Commerce

15 min.

The Board of County Commissioners appropriated $128,000 to the Greater Durham Chamber of Commerce in Fiscal Year 2008 pursuant to a contract that requires the organization to submit an annual report in April. Chamber representatives will present their findings and respond to questions that the Board may have.

Resource Person(s): Casey Steinbacher, President, Greater Durham Chamber of Commerce

County Manager's Recommendation: The Manager recommends that the Board receive the report and advise the staff if any additional information or action is necessary.

5. Durham Center for Senior Life—Request to Modify Kitchen

15 min.

The Council for Senior Citizens has requested permission to modify the kitchen space currently housed in the Center for Senior Life. Specifically, the Council wants to divide what is now designated as the kitchen area into two spaces: a storage area and a multi-purpose room. The multi-purpose room would include sinks and provide space for caterers, meetings, etc. Costs for all modifications would be borne by the Council.

Resource Person(s): Gail Souare, Executive Director, Council for Senior Citizens; Mike Turner, General Services Director; Glen Whisler, County Engineer; and Carol Hammett, Assistant County Attorney

County Manager's Recommendation: The Manager recommends that the Board approve the request as presented.

6. American Tobacco East Parking Deck—Architectural Façade Treatments

20 min.

In 2007, the County of Durham entered into a performance contract for the provision of economic development incentive funds with Capitol Broadcasting Company, Inc. (CBC) for American Tobacco's Diamond View II office building and adjacent parking garage known as the East Deck. As a part of the agreement, CBC is to design and install architectural façade treatments to the west and south walls of the East Parking Deck if a residential wrapper is not built prior to the opening of the performing arts theater. The façade treatments are to be approved by the Durham Appearance Commission and the Board of County Commissioners. The Board is being asked to receive a presentation on the design of the architectural façade treatments, provide feedback, and approve them as per the contract.

The design was recommended for approval by the Durham City/County Appearance Commission on February 20, 2008 and is scheduled to go before the City Council on April 7,2008 for consideration.

Resource Person(s): Carolyn P. Titus, Deputy County Manager; Glen Whisler, County Engineer; Carol Hammett, Assistant County Attorney; Michael Goodman, Capitol Broadcasting Company, Inc.; and Phil Szostak, Architect

County Manager's Recommendation: The Manager recommends that the Board receive the presentation, provide feedback, and if acceptable place on the April 14, 2008 meeting agenda for approval.

7. Update on Utilities Ordinance Amendment

10 min.

The Board is requested to receive a presentation on proposed amendments to Chapter 26 of the Durham County Code of Ordinances, Utilities. Articles 1, 2, and 4 of the Utilities Ordinance are to provide uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the County and enable the County to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 CFR, Part 403).

In an effort to better provide those uniform requirements and comply with changes to applicable laws and regulations, staff recommends several amendments to the Ordinance. The proposed amendments include:

· Consolidation of Article 1, entitled "In General" and Article 2, entitled "Sewer Service" into Article 4, entitled "Sewer Use"

· Updates related to the industrial pretreatment program incorporating federal and state pretreatment regulations,

· Adjusting the local limits for discharged pollutants into the system,

· Adding requirements for fats, oil & grease removal systems, including minimum design requirements and minimum maintenance,

· A prohibition of discharging waste from cleaning or jetting sewer lines,

· A requirement that each user shall pay their specific cost of lateral installation to the sewer collection system,

· The use of permit self-monitoring data for surcharge evaluations,

· The specific allowance for the Publicly Owned Treatment Works (POTW) director to require a continuously monitoring effluent flowmeter for users with sewer credits,

· Specifying that sewer credits are annual, and

· Specifying that users must immediately contact the Triangle Wastewater Treatment Plant of a discharge violation, and provide written notice to the POTW director within 24 hours.

As the amendments involve many sections of the Utilities Ordinance, the proposed Utilities Ordinance Articles 1, 2 and 4 are provided for your review in a lined version. A descriptive summary of the amendments is also provided. NCDENR Division of Water Quality has approved a previous draft of the proposed amendments concerning the updates related to the industrial pretreatment program and the local limits for pollutants of concern. The proposed amendment will become effective upon Board approval.

Resource Person(s): Glen Whisler, P.E., County Engineer; Joseph Pearce, P.E., Utility Division Manager; Carol Hammett, Assistant County Attorney; and Nadine Blackwell, United Water Regional Manager

County Manager's Recommendation: The County Manager recommends that the Board receive the presentation on the proposed amendments to Chapter 26 of the Durham Code of Ordinances, Utitilies, and schedule adoption of the amendments for April 14, 2008.

8. Donated Leave Policy

20 min.

The Human Resources Department has developed a Donated Leave Policy designed to provide temporary financial relief to employees facing a catastrophic illness or injury. The Donated Leave Policy establishes a Donated Leave Bank which will be funded by voluntary donations of vacation and/or sick leave from employees. The policy requires an employee to exhaust all available leave options before making application for donated leave. The Donated Leave Bank creates no additional financial liability for the organization as hours donated will be converted to its monetary equivalent.

Resource Person(s): Marqueta Welton, Director of Human Resources

County Manager's Recommendation: The Manager recommends that the Board review, discuss and approve the policy and authorize staff to implement the policy immediately.

9. County of Durham v. Lynne Graham

20 min.

The Board is requested to consider whether to adopt Administrative Law Judge Beecher R. Gray's Order entering judgment in favor of Lynn Graham. Judge Gray ruled that "the matter has been fully resolved by prior litigation and the Doctrine of Res Judicata should apply." This request for Board action is made pursuant to N.C.G.S. section 150B-36 entitled Final decision, which provides in pertinent part within subsection (d):

For any decision by the administrative law judge granting judgment on the pleadings or summary judgment that disposes of all issues in the contested case, the agency shall make a final decision. If the agency does not adopt the administrative law judge's decision, it shall set forth the basis for failing to adopt the decision and shall remand the case to the administrative law judge for hearing. The party aggrieved by the agency's decision shall be entitled to immediate judicial review of the decision under Article 4 of this Chapter.

Resource Person(s): Glen Whisler, County Engineer, and Marie Inserra, Assistant County Attorney

County Manager's Recommendation: It is the recommendation not to adopt Judge Gray's decision as the decision does not address the time in violation that was not considered by the Court in the first action; the decision in the first action did not constitute a final binding judgment under the doctrine of res judicata.

10. Discussion of Issues for Durham County Legislative Agenda

35 min.

An initial discussion was held on March 3to begin the process of developing the Durham County Legislative Agenda for the upcoming General Assembly Short Session. Based on the input from members of the Board, additional items have been added for consideration. Staff will lead a discussion of proposed legislative issues. Following that conversation, a more complete listing will be developed for final approval prior to the start of the legislative session.

In addition, a meeting with the Durham Legislative Delegation has been calendared for April 30 at 8:00 a.m. in the County Commissioners' Chambers.

The North Carolina General Assembly will convene the Short Session at noon on
May 13 in Raleigh.

According to the adjournment resolution, Budget Bills must be submitted no later than 4:00 p.m., Friday, May 16 to bill drafting. Local Bills must be submitted to bill drafting by 4:00 p.m., Wednesday, May 21 and filed in the House or Senate by May 28.

Resource Person(s): Deborah Craig-Ray, Assistant County Manager, and Chuck Kitchen, Durham County Attorney

County Manager's Recommendation: The Manager's recommendation is that the Board receive the proposed agenda and direct staff.

11. Closed Session

30 min.

The Board is requested to adjourn to closed session to discuss matters relating to the location or expansion of business or industry pursuant to G. S. 143-318.11(a)(4).

12. Public Hearing for Nonprofit Agencies Applying for FY 2008-2009 Funding

2 hrs.

To hear presentations from nonprofit organizations that applied for funding in the 2008-2009 Fiscal Year.

Resource Person(s): Pam Meyer, Budget & Management Services Director

County Manager's Recommendation: The Manager recommends receiving the nonprofit presentations.

______

5½ hrs.

City Council

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. 2008 Legislative Program – Short Session

To receive the recommendation of the Council's Legislative Committee; and

To adopt the City Council's 2008 Legislative Program.

(Resource Person: Karen Sindelar – 4158) (Attachment #1 – 19 pages) (PR# 4871)

2. Matching Requirements Compliance Audit (January, 2008)

To receive and accept the Matching Requirements Compliance Audit (January, 2008) as presented and approved at the February 25, 2008 meeting of the Audit Services Oversight Committee Meeting.

(Resource Person: Kevin Neuman – 1319 ext. 235) (Attachment #2 - 10 pages) (PR# 4819)

3. Approval of City Council Minutes

To approve City Council Minutes for the March 3, 2008 City Council Meeting.

(Resource Person: D. Ann Gray - 4166) (PR# 4840)

4. Equal Business Opportunity Program Advisory Committee – Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill three (3) vacancies on the Equal Business Opportunity Program Advisory Committee to represent the categories of Non-SDBE Professional Services Firm Owner, Non-SDBE Construction Firm Owner and SDBE Professional Services Firm Owner with the terms expiring on April 1, 2010.

(Due to a vacancy and the terms expiring of Monique Velasqueze and Charles T. Wilson Jr.)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 7 pages) (PR# 4845)

5. Durham Area Transit Authority – Receipt and Acceptance of Applications

To receive and accept an application for a citizen to fill one (1) vacancy on the Durham Area Transit Authority for a Regular Member. The term will expire on March 1, 2011.

(Due to the expired term of Johnsie Williams)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 6 pages) (PR# 4851)

6. Citizens Advisory Committee – Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Citizens Advisory Committee with a term to expire on June 30, 2009.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 3 pages) (PR# 4857)

7. Bid Report - February 2008

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

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #7 - 6 pages) (PR# 4828)

8. Bids – Term Contract for Sodium Hypochlorite

To accept the bid from Oltrin Solutions in the amount of $271,440.00 for providing the City with its estimated two (2) year requirements for Sodium Hypochlorite;

To authorize the City Manager to enter into a contract with Oltrin Solutions in the amount of $271,440.00 for providing the City with its estimated two (2) year requirements for Sodium Hypochlorite; 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 Vicki Westbrook – 4381) (Attachment #8 - 5 pages) (PR# 4829)

9. Bids – Term Contract for Liquid Aluminum Sulfate

To accept the bid from General Chemical Performance Products LLC in the amount of $1,212,732.00 for providing the City with its estimated two (2) year requirements for Liquid Aluminum Sulfate;

To authorize the City Manager to enter into a contract with General Chemical Performance Products LLC in the amount of $1,212,732.00 for providing the City with its estimated two (2) year requirements for Liquid Aluminum Sulfate; 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 Vicki Westbrook – 4381) (Attachment #9 - 5 pages) (PR# 4830)

10. Bids – Term Contract for Liquid Zinc Orthophosphate

To accept the bid from Carus Phosphates, Inc. in the amount of $246,000.00 for providing the City with its estimated annual requirements for Liquid Zinc Orthophosphate;

To authorize the City Manager to enter into a contract with Carus Phosphates, Inc. in the amount of $246,000.00 for providing the City with its estimated annual requirements for Liquid Zinc Orthphosphate; 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 #10 - 5 pages) (PR# 4831)

11. Bids – Term Contract for Hydrofluosilicic Acid

To accept the bid from Lucier Chemical Industries Ltd. in the amount of $222,800.00 for providing the City with its estimated annual requirements for Hydrofluosilicic Acid;

To authorize the City Manager to enter into a contract with Lucier Chemical Industries Ltd. in the amount of $222,800.00 for providing the City with its estimated annual requirements for Hydrofluosilic Acid; 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 Vicki Westbrook – 4381) (Attachment #11 - 5 pages) (PR# 4832)

12. Water and Sewer Extension Agreement with G & W Dream Homes, Inc.

To authorize the City Manager to enter into a water and sewer extension agreement with G & W Dream Homes, Inc. to serve Bivins Creek Subdivision; and

To authorize the City Manager to modify the contract prior to execution provided that such modifications do not increase the dollar amount of the contract and do not significantly decrease the obligations of the contractor.

(Resource Person: Robert N. Joyner – 4326 ext. 283) (Attachment #12 - 10 pages) (PR# 4788)

13. Water and Sewer Extension Agreement with Rhein Brightleaf, LLC to Serve Brightleaf Tract 3 Outparcel

To authorize the City Manager to enter into a water and sewer extension agreement with Rhein Brightleaf, LLC to serve Brightleaf Tract 3 Outparcel; and

To authorize the City Manager to modify the contract prior to execution provided that such modifications do not increase the dollar amount of the contract and do not significantly decrease the obligations of the contractor.

(Resource Person: Robert N. Joyner – 4326) (Attachment #13 – 11 pages) (PR# 4859)

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

15. Execution of a Contract with the Wooten Company for Acquisition and Relocation Services for the Rolling Hills Development Project

To authorize the appropriation of required funds from 1996 Housing Bond program income;

To authorize the City Manager to execute a contract with the Wooten Company to provide acquisition and relocation services for the Rolling Hills Development project in an amount not to exceed $199,140.00; and

To authorize the City Manager to make changes to the contract which does not increase the agreement amount, lessen the Wooten Company duties, or extend the term of the agreement beyond October 2009.

(Resource Person: Larry Jarvis – 4570 ext. 273) (Attachment #15 - 18 pages) (PR# 4839)

16. Sub-recipient Agreement – Operation Breakthrough Weatherization Program

To authorize the expenditure of $80,000.00 in CDBG Funds;

To authorize the City Manager to execute a sub-recipient agreement with Operation Breakthrough, Inc. to support the Weatherization/Energy Efficient Conservation Program; and

To authorize the City Manager to make changes to the agreement that does not increase the contract amount, lessen the contractor's duties, or extend the term of the contract beyond April 30, 2009.

(Resource Person: Donald R. Ham – 4570 ext. 257) (Attachment #16 - 20 pages) (PR# 4843)

17. Loan Portfolio Reports – Foreclosure and Delinquency Reports for the Loan Portfolio and Community Reinvestment Association of NC Foreclosure Report

To receive the following reports from the Administration on the community development loan portfolio in response to requests for information regarding the community development loan portfolio's foreclosure and delinquency rates and foreclosure rates for the City and North Carolina. Reports include:

1. Monthly Loan Portfolio Report, as of February 29, 2008
2. Foreclosure report, fiscal years 2006 and 2007
3. Empty Housing and Broken Dreams, an Analysis of the Impact of Foreclosures in Durham's Neighborhoods, a report from Community Reinvestment Association of North Carolina issued on February 25, 2008
4. 2007 NC Legislative Overview – Housing and Foreclosure, a report from the North Carolina Justice Center

(Resource Person: Julie Quinn – 4570 ext. 248) (Attachment #17 - 38 pages) (PR# 4844)

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

20. Setting the Date for a Public Hearing on the Draft FY 2008-09 Annual Action Plan

To set a public hearing for April 21, 2008 on the Draft FY2008-2009 Annual Action Plan.

(Resource Person: Wilmur Conyers – 4570 ext. 277) (Attachment #20 - 2 pages) (PR# 4873)

21. Business Loan Report January 2008

To accept the business loan report for January 2008

(Resource Person: Chris Dickey – 4965 ext. 204) (Attachment #21 – 5 pages) (PR# 4824)

22. East Deck Façade Treatment (West and South Walls)

To approve the architectural façade treatment plan for the west and south walls of the East Deck.

(Resource Person: Alan DeLisle – 4965) (Attachment #22 - 6 pages) (PR# 4834)

24. Architectural Design Services Agreement for Water Infiltration Design Repair at the Solid Waste Operations Facility

To authorize the City Manager to execute a design services agreement with Gurlitz Architectural Group, PA for the design of Solid Waste's water infiltration design repair project for $49,796.00;

To authorize the City Manager to establish a project contingency in the amount $4,980.00 authorizing the City Manager to negotiate and execute change orders not exceeding such amount; and

To adopt a resolution, pursuant to N. C. General Statute §143-64.32, exempting the Solid Waste Water Infiltration design repair Project from N. C. General Statute §143-61.31.

(Resource Person: Lisa R. Smith – 4197 ext. 273) (Attachment #24 - 48 pages) (PR# 4856)

25. Lease Agreement with S&H Services, Inc. at the Durham Civic Center

To authorize the City Manager to execute the lease with S&H Services, Inc. for office space in the Durham Civic Center; and

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

(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #25 - 13 pages) (PR# 4858)

26. Professional Services Agreement for Leigh Farm Park Restoration and Reconstruction Project

To authorize the City Manager to execute an Agreement for Design of Leigh Farm Restoration and Reconstruction with HagerSmith Design PA in an amount not to exceed $58,421.00;

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 establish a project contingency in the amount of $5,092.00;

To authorize the City Manager to negotiate and execute change orders on the Design of Leigh Farm Restoration and Reconstruction Agreement provided the total project cost does not exceed the amount budgeted for design phase services plus the project contingency;

To authorize the City Manager to negotiate and execute Amendment No. 1A to Preconstruction Services Amendment with Skanska USA Building for preconstruction services for the Leigh Farm Park Restoration and Reconstruction project in an amount not to exceed $5,354.00; and

To adopt a resolution, pursuant to N.C.G.S. 143-64.32, exempting the Leigh Farm Restoration and Reconstruction Project from N.C.G.S. 143-64.31.

(Resource Person: Lamarco M. Morrison – 4197 ext. 22) (Attachment #26 - 42 pages) (PR# 4860)

27. Lyon Park Management Agreement - Extension

To authorize the City Manager to execute an amendment to the management agreement for the Community Family Life and Recreation Center at Lyon Park with Calvary Ministries of the Westend, Inc. to extend the term to June 30, 2008; and

To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the contractor.

(Resource Persons: Rhonda Parker and Ruben Wall – 4355) (Attachment #27 – 19 pages) (PR# 4876)

28. SAFIS Livescan Equipment Grant

To authorize the City Manager to accept the State of North Carolina, State Bureau of Investigation, Department of Justice, SAFIS Livescan Equipment Grant by executing the grant documents; and

To adopt the State of North Carolina, State Bureau of Investigation, Department of Justice, SAFIS Livescan Equipment grant project ordinance in the amount of $23,780.00.

(Resource Person: Steve Mihaich – 4322) (Attachment #28 - 12 pages) (PR# 4852)

29. Inter-Local Agreement with North Carolina Department of Transportation and the City of Raleigh for Funding the Intelligent Transportation Systems (ITS) Strategic Deployment Plan (SDP) and Grant Project Ordinance

To authorize the City Manager to execute a Inter-local Agreement between North Carolina Department of Transportation, the City of Raleigh, and the City of Durham for the development of the ITS strategic deployment plan update;

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; and

To adopt the Grant Project Ordinance.

(Resource Person: Felix Nwoko – 4366) (Attachment #29 - 10 pages) (PR# 4796)

30. Appeal of the Revocation of Three "On Time Taxi" Taxicab Operating Permits

To refer the appeal back to the Passenger Vehicle for Hire Commission for further consideration.

(Resource Person: Gracie Chamblee – 4366) (Attachment #30 – 4 pages) (PR# 4846)

31. Construction Contract with H. G. Reynolds, Inc. for the Water Treatment Reliability Improvements Project

To adopt an Ordinance Amending the water and wastewater Capital Improvement Project Ordinance, Fiscal Year 2007-08, as amended, the same being Ordinance #13429 for the purpose of reducing sewer projects and increasing water projects by $800,000.00 with no change to the total ordinance;

To authorize the City Manager to execute a contract with H.G. Reynolds, Inc. for construction services for the Water Treatment Reliability Improvements Project in the total amount not to exceed $1,522,440.00;

To establish a contingency fund for the contract of $41,244.00;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $41,244.00 and the total project cost does not exceed $1,563,684.00; and

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

(Resource Person: Nancy Newell – 4381) (Attachment #31 - 5 pages) (PR# 4841)

32. Contract SR-46, East Durham Outfalls Replacement Project, Phase III

To authorize the City Manager to execute a contract with Gaines and Company for construction services for the SR-46 Project in the total amount $1,437,807.25;

To establish a contingency fund for the contract of $287,592.75;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $287,592.75 and the total project cost does not exceed $1,714,400.00; and

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

(Resource Person: James E. Harding – 4381) (Attachment #32 - 3 pages) (PR# 4850)

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

37. Recodifying the City Code and Adopting a Fee Schedule

To conduct a public hearing and receive public comments on the proposed revised city code and fee schedule;

To adopt the Ordinance Repealing the 1982 City Code and Adopting a Revised City Code;

To adopt the Ordinance to Make Corrections to and to Fill Omissions in the 2008 City Code;

To adopt the Ordinance to Adopt the Fee Schedule;

To adopt the Ordinance to Amend Section 50-86 of the City Code with Respect to Penalties for Violation of the Taxicab Ordinances; and

To adopt the Resolution Revising Resolution Establishing Fees, Rates and Charges on Certain Delinquent and Past Due Accounts.

(Resource Person: Richard Weintraub – 4158) (Attachment #37 - 84 pages) (PR# 4825)

38. Interlocal Agreement with Durham County for Sustainability Program

To authorize the City Manager to execute an interlocal agreement with Durham County that establishes a sustainability program, including a position of Sustainability Coordinator to implement the Greenhouse Gas Local Action Plan; 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: Theodore L. Voorhees – 4222) (Attachment #38 – 8 pages) (PR# 4898)

[General Business Agenda]

14. HOME Investment Partnership Agreement with Housing for New Hope, Inc. Providing $252,000.00 in HOME Funds to Support the Construction of Williams Square Apartments Phase I

To authorize the expenditure of $252,000.00 in HOME funds for the purpose of affordable housing;

To authorize the City Manager to execute a loan agreement and related legal documents with Housing for New Hope, Inc. in an amount not to exceed $252,000.00 funded from FY 07-08 HOME funds, in the form of a construction/permanent loan for Williams Square Apartments Phase I; and

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

(Resource Person: Richard Valzonis – 4570) (Attachment #14 – 70 pages) (PR# 4835)

19. Award of Funding to Housing for New Hope and CASA (Community Alternatives for Supportive Abodes) for Special Needs Housing

To authorize the expenditure of $300,000.00 in budgeted general funds for the purpose of affordable housing for persons with special needs;

To authorize the expenditure of $95,000.00 in general funds from the sale of City-owned properties at 410-426 N. Roxboro Road and 308 Elliott Street and/or 218 N. Dillard Street, subject to the closing of those sales transactions, for the purpose of affordable housing for persons with special needs;

To authorize the expenditure of $20,000.00 in HOME CHDO funds and $191,079.00 in CDBG program income;

To authorize the City Manager to execute a general fund grant agreement with Housing for New Hope in the amount of $280,000.00;

To authorize the City Manager to make changes to the grant agreement prior to execution which do not increase the grant amount or lessen the grantee's duties;

To authorize the City Manager to execute a general fund permanent loan agreement and other related legal documents in the amount of $115,000.00 that is forgiven over a period of 20 years at 0%, a CDBG grant agreement in the amount of $191,079.00 and a HOME CHDO grant agreement in the amount of $20,000.00 with Community Alternatives for Supportive Abodes;

To authorize the City Manager to make changes to the agreements prior to execution that do not increase loan and/or grant amounts or lessen the duties of Community Alternatives for Supportive Abodes;

To adopt an Ordinance Amending the General Capital Improvement Project Ordinance, Fiscal Year 2007-08, as amended, the same being Ordinance #13428 for the purpose of recognizing revenue of $154,500.00 for the reserve for special projects; and

To adopt an Ordinance Amending the FY2007-08 City of Durham Budget Ordinance, the same being Ordinance4 #13451.

(Resource Person: Larry Jarvis – 4570 – 273) (Attachment #19 - 107 pages) (PR# 4855)

[General Business Agenda – Public Hearings]

35. Unified Development Ordinance (UDO) Text Amendment – Sidewalks (TC07-20)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Sidewalks (TC07-20); and

To adopt an Ordinance Amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 12, Infrastructure and Public Improvements.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 233) (Attachment #35 – 4 pages) (PR# 4833)

[Supplimental Agenda]

39. Reinstatement of Durham Workforce Development Board Members

To reinstate Dr. Carl Harris and Denise Motley-Johnson to the Durham Workforce Development Board (DWDB).

(Resource Person: Kevin Dick – 4965 ext. 219) (Attachment #39 – 4 pages) (PR# 4900)

40. The City of Durham and City of Raleigh Long Range Transportation Plan Revenue Element Grant Project Ordinance

To adopt the City of Durham and City of Raleigh Long Range Transportation Plan Revenue Element Grant Project Ordinance.

(Resource Person: Andy Henry – 4366) (Attachment #40 – 1 page) (PR# 4761)

[Adjournment]

Sunday, April 06, 2008

Afghan history and the "War on Terror" - 4/17

Find out how one of the roots of 9/11 and today's
"Global War on Terror" comes from the policies of
Carter (including the link to Obama today), Brezhnev,
Reagan, Gorbachev, and GWH Bush in Afghanistan. For historical
color and discussion, we will show an English-language Afghan-Soviet
propaganda film from the 80's, April Revolution. This is a reason to come
by itself, since you won't casually find Soviet media like this.
I assume this film was made for foreign audiences though.

This discussion of Afghan history, especially in the
70's and 80's, is Thursday, April 17th at 7pm at the
Chapel Hill Public Library, in the downstairs
conference room. It is part of the monthly Triangle
Socialist Forum.

The May 1st (May Day/International Workers' Day) forum (location TBA)
will be a discussion
of the national, state, and local candidates in the
May 6th election. I think April 11th is the last day to register
to vote or update your voter information for May, and I met
an Obama canvasser doing that Saturday in Durham.
The water supply, drought, and class will be the topic
in June, and land use and development issues is what
we are considering for the July topic.

Thursday, April 03, 2008

Our Vanishing Night - 4/21

National Dark Sky Week is March 29th-April 4th this year (see the
International Dark Sky Association's website at www.darksky.org), and
I think I heard that this is dark sky month, so I thought I would
mention this event at the Morehead Planetarium in Chapel Hill. Light
pollution is a waste of energy that cuts us off from the stars and can
be bad for our health, safety, and wildlife, and is a problem for much
of the country, so it is important to minimize it.

OUR VANISHING NIGHT

Join Morehead Planetarium and Science Center on Monday, April 21, 2008
at 7:30 p.m. in the Star Theater for a special free program, "Our
Vanishing Night."

For generations, everyone experienced the breathtaking beauty of an
unspoiled night sky, with views into our Universe of thousands of
stars, the Milky Way and even another galaxy. Inspired by the sky,
those who came before us told imaginative stories about the patterns
they saw in the stars. But when many of us go home tonight and look
up, we may not see much more than a washed-out orange glow.

During this program, we'll use the Zeiss VI star projector to reveal
how light pollution--the illumination of the atmosphere by outdoor
lighting--robs us of our heritage of a natural dark sky. And we'll
experience the sky studded with stars--and stories--as our ancestors
did and as our grandchildren might, if we commit to better designed
outdoor lighting.

Following the Star Theater presentation, join us for a short walking
tour (choose North Campus or downtown) to consider how our outdoor
lighting might improve visibility and safety, while also minimizing
energy use. Back at the Morehead Sundial, telescopes will be active.
Be sure to check out Saturn and Mars.

Co-sponsored by UNC Sustainability Office; Chapel Hill Town Council
Committee for Sustainability, Energy, and the Environment; and CHAOS
(Chapel Hill Astronomical and Observational Society).

Free. Part of UNC's Earth Week celebration.

For more information:
http://moreheadplanetarium.org/index.cfm?fuseaction=page&filename=vanish.html
<http://moreheadplanetarium.org/index.cfm?fuseaction=page&filename=vanish.html>

Morehead Planetarium is at 250 E. Franklin Street, in downtown Chapel Hill.

Wednesday, April 02, 2008

Rally against Iran war today

I forgot to mention one more event - there will be a rally to petition
Senator Dole to oppose an attack on Iran, Wednesday 4-6pm at the
Federal building in downtown Raleigh on the 300 block of New Bern
Avenue, where Dole has an office. The Iran Mobile will put in an
appearance, which has Mr. Bush riding a missile.

Two events coming up

1. NC Voters for Clean Elections (www.ncvce.org) is hosting a press
conference on public financing in the Council of State elections this
year, which apparently is popular with most of the candidates,
Wednesday at 11am (they ask participants to gather at 10:30) on the
south side of the Capitol Square, 1 East Edenton Street, in downtown
Raleigh.

While I am speaking of the election, I found out that former Alaska
senator and presidential candidate Mike Gravel has changed his
affiliation to Libertarian and is seeking their nomination. I assume
his name will still appear on the Democratic ballot May 6th, otherwise
it will just be Clinton or Obama, or not much of a choice when you
look at substance.

2. Several labor organizations are hosting a presentation at NCCU
Thursday evening.

40th Anniversary of Martin Luther King's Stand with the Memphis
Sanitation Workers

A Teach-in on Collective Bargaining at
North Carolina Central University

Thursday April 3rd
7-9pm
NCCU Student Union Building [off of Fayetteville St. at the south end of campus]

Speakers include members of Durham City Workers chapter of
UE 150, Teamsters Local 391, State Employees Association of North Carolina,
and North Carolina Association of Educators.

A brief video on Martin Luther King Jr. will be shown.
Food and refreshments will be served.

Members of the Durham state legislative delegation, Durham City Council and
Durham County Commissioners are our invited guests.

Anti-communism at Duke - 4/5

There are some communist and aware progressive students and academics
at the Triangle's universities, but they are also centers for
intellectual anti-communism. For example, on Saturday there will be a
surely one-sided day long conference at Duke, "Remembering the Gulag."
The announcement below does not once mention communism, but this is
obviously an anti-communist event sponsored by Duke. They say
Stalin's socialist USSR extraordinarily repressed its citizens, and
even imply that it was worse than Nazi Germany. Even worse, a major
goal seems to be to indoctrinate middle and high school teachers, so
they can in turn try to indoctrinate their students. What else can
you call it when in a certain Durham high school class a book by an
anti-communist such as Richard Pipes (I think his name is Richard
Pipes, but there are other famous reactionary Pipes) was used as the
main source on the Russian Revolution, as if Pipes provides an
accurate view?

For a view of the pro-Stalin communist side, see the website of Grover
Furr (listed in the links on the right), said to be one of the 'most
dangerous academics in America,' the Progressive Labor Party's site
(www.plp.org, and look at the articles under The Communist and PL
Magazine tabs), which defends Stalin while having some positions that
could be called anarchistic rather than communist, and the articles on
Stalin at www.allianceml.com.

Stalin's ideas and policies should be
examined critically, but not in the way most American academics seem
to, with the purpose of attacking socialism and defending capitalism,
that perfect system. It would be good if these anti-communist
academics faced some opposition to their libel and lies against
socialism.

The Center for Slavic, Eurasian, and East European Studies at Duke University
is pleased to invite you to participate in a unique one-day workshop on
Saturday, April 5: REMEMBERING THE GULAG.

The GULAG—the prison camp system that arose in the Soviet Union after
1929—served primarily as a way to gain control over the entire population,
rather than punish criminal acts. The incarceration of millions of innocent
people in the GULAG system is correctly seen as one of the worst and most
shocking episodes of the twentieth century.

Millions of innocent people were incarcerated in the GULAG, serving sentences
of five to twenty years of hard labor. Prisoners in camps worked outdoors and
in mines, in arid regions and the Arctic Circle, without adequate clothing,
tools, shelter, food, or even clean water. We will never know how many
prisoners suffered from starvation, illness, violence, and cold; an immense
number of people died. More people passed through the GULAG, for a much longer
period of time, than through Nazi concentration camps; yet, the GULAG is still
not nearly as well known.

REMEMBERING THE GULAG is intended to introduce participants to this notorious
Soviet prison system and its long-lasting effects on Russian society. We will
provide middle and high school teachers who participate with the background
understanding and curricular materials to introduce their students to it as
well.

WHEN: Saturday, April 5, 9 a.m.-4 p.m.
WHERE: Room 320 Languages Building, Duke West Campus, Durham, NC
COST: No registration fee. CSEEES is able to provide limited financial
assistance for participants who travel substantial distances to attend.
CONTINUING EDUCATION CREDIT: CSEEES will provide participating
teachers with documentation for CE credit.

The program speakers will be drawn from leading scholars and specialists at
Duke and other universities. Each talk will be followed by ample opportunity
for questions and answers. The program schedule will be:

9:00 a.m.--Welcome: Dr. Edna Andrews, Director of CSEEES, professor of Slavic &
Eurasian studies, Duke University
9:15--"Behind Barbed Wire: The Gulag and the Shaping of Soviet Society,"
Dr. Steven A. Barnes, Professor of history, George Mason University
10:15--"'It's Impossible to Express': Stories from Gulag Survivors, " Dr.
Jehanne Gheith, Professor of Slavic & Eurasian studies, Duke University
11:15--Break
11:30--Documentary film: "A Trial in Prague" (2000)
1:00 p.m.--Lunch (on your own)
2:00--"Thinking about 'A Trial in Prague': A Discussion of Political Terror
and Stalinist Rule in Eastern Europe," Dr. Chad Bryant, Professor of history,
University of North Carolina at Chapel Hill
2:45--Break
3:00--"Camps in the Classroom: Bringing Stalin's Gulag Alive for Your
Students," Dr. Pamela Kachurin, Professor of art history, Duke University

Curricular and other teaching materials will be distributed to all
participants.

If you might be interested in attending or have any questions, please contact
me at mnewcity [at] duke [dot] edu. Further information about the venue, driving
directions, parking, etc. will be distributed to those who express an interest
in attending.

PLEASE SHARE THIS MESSAGE WITH ANY OF YOUR COLLEAGUES WHO MIGHT BE INTERESTED.

Center for Slavic, Eurasian, and East European Studies
Duke University
Box 90260
303 Languages Building
Durham, NC 27708-0260
Tel: [1] (919) 660-3150
Fax: [1] (919) 660-3188

Update 4/5

I didn't go to the conference, but I did send this tongue in cheek email Thursday morning to a Slavic and Eurasian Studies adjunct professor (apparently studying Soviet copyright law, not the prison system) who has no replied.

Hello,

I live in Durham and might come to the conference on Saturday (thoughI forgot where the Languages building is, or public parking).

I helped publicize the event, but I am concerned, judging by the email I received, about scholarly objectivity. Surely there will be bias in the dominant capitalist state against the USSR's building of socialismin the 30's and 40's, but is it going to be on the level of accepting any questionable assertion that smears Stalin and the USSR? It sounds like the USSR under Stalin's leadership is going to be labelled worse than fascist Germany, and I suppose worse than occupied Iraq.

In high school here in Durham, I had a history class in which the main reading on the Russian Revolution was by a well-known American anti-communist and politically influential rightist academic, though there were a few very brief primary sources. It was similar at a local university, though in that Western Civilization class Behind the Urals was considered, in addition to the textbook. Is this the way Duke will encourage middle and high school teachers to 'educate' their students? If I'm not mistaken, historians consider it important to know the bias of their sources, and considering the author's strong opposition to the USSR, it is reasonable to expect a lot of bias, yet there was little balance. High school students are unlikely to ask for balance, especially when they have been told that European (and other) history is dusty and irrelevant. I am for criticals cholarship, but all views claiming to be scholarly should be heard and refuted or accepted as factual. There are academics in the USA with views on the left, though maybe not in the Triangle.

Also, the email did not say what The Trial in Prague is about.

Thank you for any information.

Patrick Meagher

I guess I'm not worth informing or replying to, and I am surprised if I did not strike a nerve, just for being pro-Stalin. Don't they think they can blow a Stalinist out of the water with their evidence? I think there is a lot of evidence on my side, but I still have a lot to learn in order to fully defend a Marxist-Leninist view on the USSR. I will try to be more of a thorn in the side for local academic anti-communists in the future. Eventually they will have to take notice, because there will be a growing American communist counterpoint to anti-communism from all quarters. Even a non-communist should be able to see how biased our schools are, on communism and other subjects, and I hope some students ask good questions to combat this.

Saturday, March 22, 2008

BOCC meeting Monday + upcoming events

I'm not sure if the discussion of the Triangle Parkway below is about
a toll road or just a major new road in RTP, but it is something to
watch.

The annual Pilgrimage for Peace and Justice ends Saturday, I think in
Raleigh, having gone through Durham on Friday. Taxi to the Dark Side,
a documentary about the government's use of torture, is being shown at
theatres in Chapel Hill and Cary this weekend.

Current Meeting Agenda
________________________________

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

THE BOARD OF COUNTY COMMISSIONERS

DURHAM, NORTH CAROLINA

Monday, March 24, 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.

On Tuesday, March 25, the NC Turnpike Authority will hold an Open
House and Design Public Hearing on the Triangle Parkway Project. The
open house is from 4:30 p.m. until 6:30 p.m.; the public hearing will
begin at 7:00 p.m. The location is Sigma Xi at 3106 E. North Carolina
Highway 54 in the Research Triangle Park.

4. Minutes

5 min.
February 25, 2008

5. Child Abuse Prevention Month Proclamation

5 min.

Child Abuse Prevention month is celebrated annually across the nation
in April. This celebration provides the opportunity to raise
awareness and educate the community about the many ways to support
families and prevent abuse and neglect. The theme for this year's
celebration is "When Families are Fine, Communities Shine."

Wearing Blue Ribbons is a visible way you can show that you support
families and children. We are encouraging Durham residents to make
their neighborhoods "Blue Ribbon Communities" by developing effective
networks of support for parents and caregivers. Parents are
encouraged to learn tips for effective discipline, read about child
development, get advice from the child's pediatrician or childcare
provider, and utilize community services when needed. The attention
of a caring adult can make a big difference in the life a child.

Durham County DSS is celebrating Child Abuse Prevention month to raise
awareness about ways to prevent abuse and educating the community
about how to identify child maltreatment and to make a report of abuse
or neglect. In addition to the proclamation, staff members are
distributing "Blue Ribbons" in support of Child Abuse Prevention
Month, holding the annual "A Good Parent Is" art contest in Durham
Public Schools, holding the annual Child Abuse Prevention Walk, and
dedicating the Investing in Human Capital: DSS Partnership Series
workshop on April 10 to sharing information on the child welfare
system.

DSS Staff will present Commissioners, staff and meeting attendees with
Blue Ribbons to raise awareness of Child Abuse Prevention.

Resource Person(s): Sammy R. Haithcock, DSS Director; Chuck Harris,
Assistant Director; and Gail Angle, Child Protective Services Program
Manager

County Manager's Recommendation: Recommend approval of proclamation
declaring National Child Abuse Prevention Month in Durham County and
to raise community awareness of the many ways to support parents and
children.

6. Proclamation for 2008 National County Government Week

5 min.

The week of April 6-12 has been declared National County Government
Week. Durham County Government will participate in this event by
hosting various community and employee events.

National County Government Week (NCGW) is an annual celebration of
county government. First held in 1991, the goal of county government
week is to raise public awareness and understanding about the roles
and responsibilities of the nation's counties.

This year's theme is Protecting of Children.

County Manager's Recommendation: Approve the proclamation.

7. Consent Agenda

20 min.

a. Street Closing—T.W. Alexander Drive (SC07-10) (set a public
hearing for April 28, 2008 on the proposed street closing);

b. Property Tax Releases and Refunds for Fiscal Year 2007-2008
(accept the property tax release and refund report for February 2008
as presented and authorize the Tax Assessor to adjust the tax records
as outlined by the report);

c. Award of Contract for Purchase of Vehicles for the Sheriff's
Office and General Services (Animal Control) (authorize Manager to
enter into a contract with University Ford Inc. for $820,294);

d. Budget Ordinance Amendment No. 08BCC000066—Recognition of City
Revenue and Movement of County Funds; Interlocal Agreement for
Sustainability Program; and One New FTE (approve the interlocal
agreement for a Sustainability Program; the creation of one new FTE
Sustainability Manager; create a FY 2007-08 $100,000 budget for the
Sustainability program to be located in the Engineering Department;
and recognize revenue from the City of Durham funding half of the cost
of the program);

e. Capital Project Amendment No. 08CPA000017—Creating Ten New Durham
Public School Capital Projects with Advanced Durham County Funds From
the 2007 GO Bond Referendum to be reimbursed per a February 11, 2008
County Reimbursement Resolution when the funds become available);

f. Letter of Commitment for Federal Funding for Lincoln Community
Health Center Renovation Project (authorize the Manager to sign a
"Letter of Commitment" to include in the Health Care and Other
Facilities Program Application for Lincoln Community Health Center);
and

g. Approve the Second Amendment to the Interlocal Agreement with
Durham Public Schools and authorize the Manager to execute said
amendment.

8. Public Hearing—Unified Development Ordinance (UDO) Text
Change—Sidewalks (TC07-20)

10 min.

Receive public comments on Text Change—Sidewalks (TC07-20) and adopt
an ordinance amending the Unified Development Ordinance, incorporating
revisions to Article 12, Infrastructure and Public Improvements.

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

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

9. Closed Session

60 min.

The Board is requested to adjourn to Closed Session to consult with an
attorney and to preserve the attorney-client privilege pursuant to
G.S. § 143-318.11(a)(3); to discuss matters relating to the location
or expansion of business or industry pursuant to
G. S. 143-318.11(a)(4); and pursuant to G.S. § 143-318.11(a)(1) to
prevent the disclosure of information that is privileged or
confidential pursuant to N.C.G.S. § 143-318.10(e).

_____

2 hrs.

Wednesday, March 19, 2008

More events on the 19th

More anti-war events

Wednesday at 12:30 there will be a march and rally at UNC's Pit (near the entrance of Davis Library, the tallest brick building near the intersection of South Rd. and Raleigh St.), organized by the UNC Coalition against the War.

At 3:30 there will be an anti-sweatshop event with a group of workers from the Dominican Republic. There is a longer announcement below from Student Action with Workers (SAW).

At 7pm (possibly earlier, it is probably listed at www.moveon.org) there will be a MoveOn.org vigil in front of the Chapel Hill Post Office, across from UNC.

LIVING THE CAROLINA WAY: SWEATSHOP WORKERS TO SPEAK OUT ABOUT ABUSE AT HANES FACTORY

Workers from the Dominican Republic to speak in the pit with Members of
the UNC Sweatfree Coalition to urge Chancellor Moeser to end sweatshop
exploitation

Chapel Hill, NC- On Wednesday March 19 at 3:30 pm, workers from the TOS
Dominicana factory in the Dominican Republic, which is owned by the
locally based Hanes Brands, a supplier of blank t-shirts to numerous
university licensees, will speak out about the poverty wages, forced
overtime, verbal harassment, and physical threats that they have
received at the hands of Hanes management. This event is part of a
nation-wide tour sponsored by United Students Against Sweatshops, which
has also included events at Brown University, Rutgers University,
University of Maryland, and Virginia Tech University.

Students from the UNC sweatfree coalition (which includes the Graduate
and Professional Student Federation branch of student government and
thirteen undergraduate student groups including CHispA, YD, and
Alianza) will also be speaking about how supporting the rights of
workers in the supply chain of the university is part of their struggle
to live the Carolina way.

"In honor of our friend Eve, our work will continue. On Tuesday we
stopped to celebrate all that she's given us, the will, the heart to
fight these tough battles. After the formal memorial, her real memorial
begins, and it does so through the work we do for the rest of our
lives. Her legacy is our burden, and what a great burden it is. We have
something more than just righteousness and justice on our side now;
now, we have the memory of our beloved friend to push us forward. For
Eve." says sophomore Ronald Bilbao, former Executive Assistant to
Student Body President Eve Marie Carson.

Manuel Pujols and Julio Angel Castillo Fermín, two illegally fired
workers from the Dominican Republic factory, are the leaders of a
movement to form a union in response to low wages, unsafe working
conditions, and forced overtime that has become routine in their
factory. In response, management fired many union members and
threatened others. Since then, despite the fact that the government of
the Dominican Republic has found in favor of the workers, Hanes refuses
to recognize the union and bargain with the workers to improve working
conditions. Workers have been speaking out at high schools and
universities around the country to demand that Hanes respect the rights
of its workers.

Three years ago, students throughout the U.S. and Canada demanded that
their universities take a stand against sweatshop exploitation by
adopting the Designated Suppliers Program. Since that time, UNC-CH
Chancellor James Moeser has refused to join the 40 major colleges and
universities that have adopted this policy, which would ensure that
workers producing university apparel can form independent worker bodies
and negotiate living wages. Major universities that have adopted the
Designated Suppliers Program include Duke University, Georgetown
University, the University of Wisconsin-Madison, and the entire
University of California system.

"Across the globe, workers in apparel factories face systematic
violations of their rights. Wages are insufficient to provide for a
worker's basic needs. Respect for the right to organize does not exist,
and workers who attempt to improve their conditions are harassed,
abused, illegally fired, and even killed. The Designated Suppliers
Program will ensure that UNC-CH apparel is made where workers have
freedom of association and can bargain for a living wage. There can be
no Tar Heel pride in sweatshop apparel. As students who are trying to
live the Carolina way, we want our university to be a leader in setting
ethical standards by adopting the Designated Suppliers Program," says
senior Salma Mirza, organizer for Student Action with Workers, an
affiliate of United Students against Sweatshops.

WHO: SWEATSHOP WORKERS FROM DOMINICAN REPUBLIC

WHAT: WORKERS SPEAK OUT ABOUT ABUSE AT HANES FACTORY, URGE UNC TO SIGN
ONTO DSP

WHERE: UNC-CH PIT

WHEN: WEDNESDAY MARCH 19 AT 3:30 PM

Eve's words:
"I love UNC. I love the quad in the spring and the arboretum in the
fall. I love the Pit on a sunny day and Graham Memorial Lounge on a
rainy one. I love Roy all the time. But what makes UNC truly special is
not our beautiful campus, our distinguished reputation or even our
basketball team. It's us--the student body--who make UNC what it is."
"I've been thinking a lot about staff workers at UNC recently. [We need
to be] in tune to the needs of the thousands of staffers who support,
clean, serve, truly run the University."
Eve on the DSP:
"I think that the entire campus has been learning more and more about
the state of our sort of 'campus conscience'... and it is important
that we as a student body continue to make sure that the administration
hears our concern for these issues."

Sunday, March 16, 2008

Upcoming TSF, anti-war, and workers' rights events

Triangle Socialist Forum

The Triangle Socialist Forum is meeting Wednesday, the
19th, to discuss who benefits from the "War on
Terror," especially locally in the Triangle. The
meeting is at 7pm in Durham, at the Parkwood Branch
Library (5122 Revere Rd., off of Highway 54 west of
the intersection with Highway 55) in the meeting room
around the corner left from the entrance.

The April meeting on Afghanistan will be on the 17th in the
Chapel Hill Library conference room.

A discussion of the May 6th primary election
candidates, national to local, will be May 1st,
location TBA.

There will be a forum on responses to the drought in June.

Upcoming anti-war events (Iraq, Palestine, & anti-torture)

I got this listing from a listserve.

Triangle Vigils Commemorating 5th Anniversary Iraq War: Raleigh: Saturday, March 15, 1-3 PM, State Capitol Grounds, South Lawn, www.codepink4peace.org; Durham: Saturday, March 15, Noon - 1:00 PM, Gregson and Main Streets, opposite Brightleaf Square (402-0424); Chapel Hill: Friday, March 14, 5 - 6PM, corner of Elliott Road and East Franklin Street (942-2535); Wednesday, March 19, 12:30-1:30 PM, Peace and Justice Plaza (corner of East Franklin and Henderson Streets). Join UNC students and Women's International League for Peace and Freedom (929-1786)

Vigils in Support of Dr. Sami Al-Arian, Jailed Palestinian Professor

Raleigh: Saturday, March 15, 11:30 AM

Federal Building on 310 New Bern Avenue
Demonstration to Free Sami Al-Arian
Information: 919-345-8105 or 539-2051

Butner Federal Medical Center: Sunday, March 16, 1-3 PM

I-85 at Exit 189, on Service Road off NC 1103
(southwest of intersection at Exit 189, 30-minutes northeast of Durham)
Wear orange prison garb, bring large signs and banners to be seen from I-85
Information: 919-942-2535

Sami Al-Arian has been a political prisoner since February 20, 2003

Dr. Al-Arian, a Palestinian who taught computer science at the University of South Florida, has taken no water nor food since March 3, on this third hunger strike to protest a judge's decision to hold him indefinitely after he refused again to testify before a Virginia grand jury. He has lost 23 pounds. His attorney, Peter Erlinder and supporters have asked the government to deport Al-Arian before his scheduled release from prison in April.

During a six-month trial in 2005, prosecutors labeled Al-Arian a leader of Palestinian Islamic Jihad, which the United States calls a foreign terrorist organization. The trial ended in an acquittal on some counts and a hung jury on others. Prosecutors and Al-Arian had agreed to deportation as a part of the plea deal. Erlinder declined to say where Al-Arian would be deported. In a plea bargain in April 2006, Al-Arian admitted to conspiring to aid Palestinian Islamic Jihad and was sentenced to nearly five years in prison, although he got credit for the time he had already served. Al-Arian and his attorneys said that the plea deal also exempts him from testifying before a grand jury in Alexandria, Va., which was investigating Islamic charities in northern Virginia.

His five children were all born in the U.S. and the family lived in Raleigh for a period of time. Abdulla graduated from Duke University.

Read http://www.freesamialarian.com/home.htm for more information.

You may write to Dr. Al-Arian at this address:

Dr. Sami Al-Arian (#40939-018)
FMC BUTNER
FEDERAL MEDICAL CENTER
P.O. BOX 1600
BUTNER, NC 27509

More information:
http://www.dailypress.com/news/local/virginia/dp-dc--attacks-professor0311mar11,0,4890185.story

Anti-torture protest

Saturday, April 12th, from 2-3pm there will be a vigil on Business Highway 70 on the outskirts of the Johnston County Airport, the location of one of "torture taxi" Aero Contractors' hangars.

Fighting union-busting, March 27th

SUPPORT THE FREIGHTLINER 5!
Solidarity meeting in Greensboro featuring F-5 speakers- March 27th

The Freightliner Five - Robert Whiteside, Allen Bradley, Franklin Torrence, Glenna Swinford and David Crisco - are members of the negotiating committee of United Auto Workers Union local 3520 in Cleveland, NC. They were fired by Freightliner in April 2007 after leading a walkout when management broke off negotiations without extending the union contract.

The five seek your support to keep up the fight as an arbitrator prepares to hear their case. These rank and file leaders of their local deserve our support as they consciously fight against the union-busting and racist tactics of their bosses. Victory for the five would mean a step forward for the US labor movement which has historically failed to organize the South.

Join us in the spirit of solidarity with these dedicated and heroic trade unionists as they seek justice. Help raise money for their defense campaign and find out what you can do to help them win their jobs back.

We have invited activists in the NC labor movement to speak on a panel with members of the Freightliner 5. Please contact iso_gso@yahoo.com if you or your group would like to endorse or with any questions.

What? Freightliner 5 solidarity meeting
Where? UNC-Greensboro campus, Petty building room 303
When? Thursday, March 27th, 7:00 pm

***********************************************************
International Socialist Organization (ISO) in Greensboro
Email ISO_GSO@yahoo.com for more information
Visit us online at http://www.internationalsocialist.org

In the interests of the workers' rights movement and general interest, I'm posting this notice from the ISO. It is overly sectarian and self-defeating when groups refuse to cooperate on broad issues like workers' rights or organizing anti-war demonstrations in Washington, DC. I do want to point out, though, that the ISO is pro-Trotsky, so we have some differences.

City Council meeting Monday night

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 February 18, 2008 City Council Meeting; and

To approve City Council action taken at the February 7, 2008 City Council Work Session.

(Resource Person: D. Ann Gray – 4166) (PR# 4806)

2. Citizens Advisory Committee – Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Citizens Advisory Committee with the term to expire on June 30, 2009.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 3 pages) (PR# 4779)

3 (a). Durham Performing Arts Center Oversight Committee – Receipt and Acceptance of Applications and Appointments

To appoint the following citizens to the Durham Performing Arts Center Oversight Committee:

Mary Ann Black representing Community Relations (term expires March 1, 2011)
Sherry Devries representing Arts & Culture (term expires March 1, 2011)
Kenneth Lile representing Facility Management (term expires March 1, 2011)
Donna Sylver representing Finance (term expires March 1, 2010)

Note: This is a newly established board. At the Work Session on March 6, 2008, Ms. Black received seven (7) votes, Ms. Devries received six (6) votes, Mr. Lile received seven (7) votes and Ms. Sylver received seven (7) votes.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 41 pages) (PR# 4780)

3 (b). This item can be found on the General Business Agenda.

4. Durham Area Transit Authority Board of Trustees - Appointments

To reappoint Rita Gregory and Robert A. Olason and to appoint Susan L. Brooks to the Durham Area Transit Authority Board of Trustees as Regular Members with terms to expire on March 1, 2011.

Note: At the Work Session on March 6, 2008, Ms. Gregory received five (5) votes, Mr. Olason received six (6) votes and Ms. Brooks received five (5) votes.

(Due to the terms expiring of Rita Gregory, Baldwin H. Gammage, and Robert Olason)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 8 pages) (PR# 4783)

5. Durham Bicycle and Pedestrian Advisory Commission - Appointment

To appoint Lilah Besser to fill one (1) vacancy on the Durham Bicycle & Pedestrian Advisory Commission with the term to expire on August 31, 2010.

Note: At the Work Session on March 6, 2008, Ms. Besser received five (5) votes.

(Due to the expired term of Peter J. Schubert)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 5 pages) (PR# 4784)

6. Capital Program Advisory Committee - Appointments

To appoint citizens to fill three (3) vacancies on the Capital Program Advisory Committee to represent PAC 3, PAC 4 and PAC 5 with the terms to expire on March 31, 2010.

Note: This item was referred back to City Clerk's Office for readvertising.

(Due to the terms expiring of Keith D. Burns, Harold L. Chestnut and Charles D. Watts, Jr.)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 8 pages) (PR# 4785)

7. Durham Planning Commission - Appointment

To appoint Jarrod B. Edens to fill one (1) vacancy on the Durham Planning Commission to represent At-Large with the term to expire on June 30, 2009.

Note: At the Work Session on March 6, 2008, Mr. Edens received five (5).

(Due to the resignation of Harry Dawley)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 5 pages) (PR# 4786)

8. Capital Program Advisory Committee - Reappointment

To reappoint John Steer to the Capital Program Advisory Committee with a term to expire on March 31, 2011.

(Note: According to City Council Procedures, when a term with six (6) months or less remaining is filled, then at the expiration date of the term the name of the appointee will be submitted to the City Council for nomination for reappointment, and/or publicizing of vacancy.)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #8 - 2 pages) (PR# 4787)

9. Street Closing - A Portion of Rustica Drive between Ed Cook Road and South Alston Avenue (SC07-11)

To adopt a resolution to set a public hearing for April 21, 2008 on the proposed closing of a 1,412.33 linear foot portion of Rustica Drive between Ed Cook Road and South Alston Avenue.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #9 - 6 pages) (PR# 4800)

10. Right-Of-Way Closing – Excess Right-of-Way for Martin Luther King, Jr. Parkway (SC07-12)

To adopt a resolution to set a public hearing for April 21, 2008 on the proposed closing of excess right-of way for Martin Luther King, Jr. Parkway between Industry Lane and Fayetteville Road.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #10 - 6 pages) (PR# 4801)

11. Water Extension Agreement with D Eight Corporation to Serve Cook Road Townhomes

To authorize the City Manager to enter into a Water Extension Agreement with D Eight Corporation to serve Cook Road Townhomes; and

To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the contractor.

(Resource Person: Robert N. Joyner – 4326 ext. 283) (Attachment #11 - 9 pages) (PR# 4778)

12. Sewer Extension Agreement with Luis Felipe Deharo Cruz

To authorize the City Manager to enter into a Sewer Extension Agreement with Luis Felipe Deharo Cruz to serve 110 Pleasent Drive; and

To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the contractor.

(Resource Person: Robert N. Joyner – 4326 ext. 283) (Attachment #12 - 10 pages) (PR# 4771)

13. Water and Sewer Extension Agreement with Sherron Road Ventures, LLC to Serve Ravenstone III

To authorize the City Manager to enter into a Water and Sewer Extension Agreement with Sherron Road Ventures, LLC to serve Ravenstone III; and

To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the contractor.

(Resource Person: Robert N. Joyner – 4326 ext. 283) (Attachment #13 - 11 pages) (PR# 4814)

14. Water and Sewer Extension Agreement with East Durham Land Company, LLC to serve DOC Nichols Subdivision

To authorize the City Manager to enter into a Water and Sewer Extension Agreement with East Durham Land Company, LLC to serve Doc Nichols Subdivision; and

To authorize the City Manager to modify the agreement prior to execution provided that such modifications do not increase the dollar amount of the agreement and do not significantly decrease the obligations of the contractor.

(Resource Person: Robert N. Joyner – 4326 ext. 283) (Attachment #14 - 11 pages) (PR# 4815)

15. Recodifying the City Code and Adopting a Fee Booklet

To adopt an Ordinance Repealing the 1982 City Code and Adopting a Revised City Code;

To adopt an Ordinance Making Corrections to and to Fill Omissions in the 2008 City Code;

To adopt an Ordinance Adopting the Fee Booklet;

To adopt an Ordinance Amending Section 50-86 of the City Code with Respect to Penalties for Violation of the Taxicab Ordinances; and

To adopt a Resolution Revising Resolution Establishing Fees, Rates and Charges on Certain Delinquent and Past Due Accounts.

(Resource Person: Richard Weintraub – 4158) (Attachment #15 - 84 pages) (PR# 4825)

16. Housing for New Hope 2007-08 ESG Sub-recipient Contract

To authorize the expenditure of ESG funds in an amount not to exceed $47,643.00; To authorize the City Manager to execute an ESG Sub-recipient Agreement with Housing for New Hope, Inc. to manage their homeless prevention program; and

To authorize the City Manager make changes to the documents that do not increase the contract amount, lessen the sub-recipient's duties, or extend the term of the contract beyond a date that is 12 months from the date of final execution of this contract.

(Resource Person: Susan Solakian – 4570 ext. 250) (Attachment #16 - 33 pages) (PR# 4797)

17. Naming Rights Agreement for the Stage of Durham Performing Arts Center

To authorize the City Manager to execute the "Letter of Intent: Naming Rights Sponsorship of the stage at the DPAC", in the amount of $1,200,000.00 million to be paid by Robert D. Teer, Jr. on behalf of the Teer Family over a 10 year period;

To authorize the City Manager to enter into contract negotiations to finalize the agreement; and

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

(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #17 - 20 pages) (PR# 4810)

18. Continuation of the Ordinance to Promote Equal Business Opportunities in City Contracting and the Equal Business Opportunity Program Advisory Committee

To adopt an ordinance to extend the sunset of the current Ordinance to Promote Equal Business Opportunities in City Contracting, Chapter 26 of the City Code known as the Equal Business Opportunity Program(EBOP) until March 31, 2010; and

To extend the term of the EBOP Advisory Committee and its duties as they appear in Resolution #9021 until March 31, 2010.

(Resource Person: Deborah Giles – 4180 ext. 243) (Attachment #18 - 3 pages) (PR# 4774)

19. Bid Report - January 2008

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

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #19 - 9 pages) (PR# 4775)

21. Annual Insurance Plan 2008-2009

To authorize the City Manager to maintain the general insurance plan as attached;

To authorize the City Manager to make modifications as may be needed provided they are consistent with the City's overall risk management and financial objectives;

To authorize the City Manager to make additional insurance purchases throughout the year, as needed for special event, lease and contract requirements, new programs, and builders risk insurance; and

To authorize the City Manager to pay total premiums not to exceed $750,470.00 to maintain the Annual Insurance Plan beginning April 1, 2008.

(Resource Person: Darwin Laws – 4622) (Attachment #21 - 5 pages) (PR# 4817)

23. Ordinance Amending Durham City Code Chapter 23 Article VI., Water Conservation Containing Drought Response Measures for Permitting and Construction Activities, and to Make Other Miscellaneous

To adopt an Ordinance Amending Durham City Code Chapter 23, Article VI., Water Conservation, Section 23-163 et seq. to establish additional conservation and water use restrictions permitting and construction activities, and to make other miscellaneous changes in the conservation ordinance.

(Resource Person: Theodore L. Voorhees – 4222) (Attachment #23 - 8 pages) (PR# 4826)

24. Wal-Mart Crime Prevention Grant Award

To authorize the City Manager to accept the Wal-Mart Crime Prevention Grant by executing the grant documents; and

To adopt the Wal-Mart Crime Prevention Grant Project Ordinance in the amount of $1,000.00.

(Resource Person: Jim Bjurstrom – 4322) (Attachment #24 - 2 pages) (PR# 4816)

25. Pass-Through Agreements with the Town of Chapel Hill and TTA for Allocation, Disbursement and Accounting of Sections 5316 and 5317 Funds

To authorize the City Manager to execute the Pass-through Agreements with the Town of Chapel Hill and the Triangle Transit Authority (TTA) for the allocation, disbursement and accounting of the Section 5316, JARC and Section 5317, NF funds; and

To authorize the City Manager to make modifications to the agreements provided that the modifications do not differ from the original intent of the agreements and do not increase the City's financial obligation.

(Resource Person: Felix Nwoko – 4366) (Attachment #25 - 25 pages) (PR# 4756)

26. City of Durham and NCDOT FY 2007-2008 Transportation Planning Grant Project Ordinance Superseding "Transportation Planning Grant Project Ordinance #13432"

To authorize the City Manager to accept the City of Durham and the North Carolina Department of Transportation-Section 104(f) and Section 133(b)(3)(7) Transportation Planning Grant Project Ordinance-FY 2007-2008 Grant by executing the grant documents; and

To adopt the City of Durham and the North Carolina Department of Transportation-Section 104(f) and Section 133(b) (3) (7) Transportation Planning Grant Project Ordinance-FY 2007-2008 grant project ordinance superseding Grant Project Ordinance #13432. (Resource Person: Felix Nwoko – 4366) (Attachment #26 - 7 pages) (PR# 4795)

27. Job Access Reverse Commute (JARC) and New Freedom (NF) Grant Project Ordinance

To authorize the City Manager to accept the JARC (Section 5316) and NF (Section 5317) Grant by executing the grant documents; and

To adopt the JARC (Section 5316) and NF (Section 5317) Grant Project Ordinance.

(Resource Person: Felix Nwoko – 4366) (Attachment #27 - 4 pages) (PR# 4799)

28. Dumpster Rental and Repair Services Contract

To authorize the City Manager to execute a contract between the City of Durham and Tidewater Fibre Corp to provide dumpster rental and repair services for a period of three years effective April 15, 2008 and ending April 14, 2011; and

To authorize the City Manager to modify the contract if necessary prior to execution, provided the modifications do not increase the amount of the contract and are consistent with the general intent of the version of the contract approved by City Council.

(Resource Person: Donald M. Long – 4186 ext. 222) (Attachment #28 - 15 pages) (PR# 4808)

29. Microsoft Business Intelligence Technology Proof of Concept

To authorize the City Manager to execute a work order agreement with Microsoft Corporation for Business Intelligence Technology proof of Concept in the amount of $89,112.00; and

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

(Resource Person: Michiyo Wagner – 4057) (Attachment #29 - 26 pages) (PR# 4809)

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

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

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

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

[General Business Agenda]

3 (b). Durham Performing Arts Center Oversight Committee – Appointments

To appoint a citizen to fill one (1) vacancy on the Durham Performing Arts Center Oversight Committee to represent Business with the term to expire on March 1, 2010.

Note: This is a newly established board. At the Work Session on March 6, 2008, Marty Belin received three (3) votes, Anna Branly received three (3) votes and Michael G. Page received two (2) votes.

(Resource Person: LaVerne V. Brooks - 4166) (Attachment #3 - 41 pages) (PR# 4780)

35. Full Frame Documentary Film Festival

To permit the Giorgios Hospitality Group to sell and serve beer and wine at the Downtown Durham Civic Center Plaza during the Full Frame Documentary Film Festival on April 3-6, 2008.

(Resource Person: Ted Mott – 919-433-9809) (Attachment #35 - 1 page) (PR# 4827)

37. Inter-Local Agreement between the City of Durham and County of Durham for Sharing of Sales Tax Revenue.

To authorize the City Manager to execute a 5 year interlocal agreement with the County of Durham for the sharing of sales tax revenue consistent with the direction and terms provided in the agenda memorandum or more favorable terms should such be reached.

(Resource Person: Bertha T. Johnson – 4111 ext. 285) (Attachment #37– 7 pages) (PR # 4768)

39. Greenfire Phase II Development Deal Points

To authorize the City Manager to enter into non-binding Deal Points between the City of Durham and Greenfire Real Estate Holdings, LLC; and

To authorize the City Manager to negotiate a final Development Agreement with Greenfire Real Estate Holdings, LLC.

(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment # 39 – 16 pages + Notebook) (PR# 4777)

[General Business Agenda – Public Hearings]

31. Voluntary Annexation Petition Received by January 1, 2008

To receive citizens' comments concerning the annexation of the following Voluntary Annexation Area:

a) FY2008-10 Duke Lemur Center

To adopt "An Ordinance Annexing to the City of Durham" the Voluntary Annexation Area in accordance with N.C. General Statutes 160A-31.

Effective from and after June 30, 2008.

(Resource Persons: Bertha Johnson and Robin Bibby – 4111) (Attachment #31 - 6 pages) (PR# 4813)

32. Street, Parks and Recreation and Open Space Impact Fee Revisions

To conduct a public hearing and receive public comments on the proposed changes to the Street, Parks and Recreation and Open Space Ordinance (Durham City Code – Chapter 25) on March 17, 2008; and

To adopt a revised Street, Parks and Recreation and Open Space Ordinance (Durham City Code Chapter 25).

(Resource Person: Julie Brenman – 4111 ext. 282) (Attachment #32 - 32 pages) (PR# 4804)

33. Zoning Map Change – Joven Northeast Creek Revisions (Z07-46)

To conduct a public hearing and receive public comments on the zoning map change for Joven Northeast Creek Revisions (Z07-46);

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 Z07-46 out of IL(D), PDR 4.840 and placing same in and establishing same as IL(D), PDR 4.840; 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, 9-2 on February 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 and comments received during the public hearing.

[The site is located north of Ellis Road, east of NC 147, and south of Stone Road. PIN: 0749-01-37-5402, -47-0390]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #33 - 14 pages) (PR# 4794)

34. Unified Development Ordinance (UDO) Text Amendment – Technical Changes IV (TC07-13)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change – Technical Changes IV (TC07-13); and

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, incorporating revisions to Article 3, Applications and Permits, Article 4, Zoning Districts, Article 5, Use Regulations, Article 6, District Intensity Standards, Article 7, Design Standards, Article 8, Environmental Protection, Article 9, Landscaping and Buffering, Article 10, Off-Street Parking and Loading, Article 11, Sign Standards, Article 12, Infrastructure and Public Improvements, Article 13, Additional Requirements for Subdivisions, Article 14, Nonconformities, Article 15, Enforcement, and Article 16, Definitions.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #34 - 27 pages) (PR# 4807)