Upcoming events

The last Friends of the Durham Library booksale for the year starts this afternoon for members and is open to everyone Saturday and Sunday.  It is in the garage at the Main Library and the times are probably posted at www.durhamcountylibrary.org. 

 

The Durham BORDC meets Saturday at 2pm in the third floor conference room of the Main Library.  Agenda items include more on immigration and protecting the election from theft. 

 

The City Council meets Monday (www.durhamnc.gov/agendas).  There are many items including, raising the Durham living wage, approving the decision not to add a bike lane on Fayetteville Street during expansion, many historic building designations, reviewing and revising the Comprehensive Plan regulating development, and offering an incentive of up to $400,000 to Bandwith.com, Inc. 

 

The Mayor calls the meeting to order at 7:00 pm

Call To Order

Moment Of Silent Meditation

Pledge Of Allegiance

Roll Call

Ceremonial Items

Announcements By Council

Priority Items By The City Manager, City Attorney And City Clerk

[Consent Agenda]

1. Approval of City Council Minutes

To approve City Council minutes for the September 15, 2008 City Council Meeting; and

To approve City Council action taken at the September 4, 2008 City Council Work Session.

(Resource Person: D. Ann Gray – 4166) (PR# 5510)

2. City-County Environmental Affairs Board - Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill three (3) vacancies on the City-County Environmental Affairs Board representing Energy (term expires June 1, 2009), Law (term expires June 1, 2010) and Biological Sciences (term expires June 1, 2011).

(Due to resignations and the expired term of Raphael Sagarin)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #2 - 12 pages) (PR# 5369)

3. Durham Open Space & Trails Commission - Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill four (4) vacancies on the Durham Open Space & Trails Commission; three (3) vacancies to represent At-Large with terms expiring June 30, 2011 and one (1) vacancy to represent Ward 1 with term expiring June 30, 2010.

(Due to the terms expiring of Paula M. Childers, John A. Goebel and Josie McNeil-Owen and the resignation of Susan Willis)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 10 pages) (PR# 5405)

4. Durham Bicycle & Pedestrian Advisory Commission - Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill two (2) vacancies on the Durham Bicycle & Pedestrian Advisory Commission with one term to expire on August 31, 2010 and one term to expire August 31, 2011.

(Due to the expired term of Alan Dippy and the resignation of Lilah M. Besser)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 8 pages) (PR# 5523)

5. Durham Historic Preservation Commission - Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Historic Preservation Commission for an Architect with the term to expire on September 1, 2009.

(Due to the resignation of David Arneson)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #5 - 3 pages) (PR# 5525)

6. City-County Appearance Commission - Receipt and Acceptance of an Application

To receive and accept applications for a citizen to fill one (1) vacancy on the City-County Appearance Commission with the term to expire on April 1, 2011.

(Due to the expired term of Eric Staehle)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #6 - 3 pages) (PR# 5526)

7. Lyon Park Advisory Board - Appointments

To appoint Alicia Grant and Karin Douglas to the Lyon Park Advisory Board with terms expiring on June 30, 2010.

Note: At the Work Session on October 9, 2008, Ms. Grant and Ms. Douglas both received seven (7) votes.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 5 pages) (PR# 5544)

8. Workforce Development Board - Receipt and Acceptance of Applications and Appointments

To receive and accept applications and to appoint ShaShawnda L. Carlton and Geoffrey Luce as recommended by the Durham Chamber of Commerce (representing Private Sector) and Li-An Yeh (representing Public Sector-Educational Agency) to the Workforce Development Board with terms expiring on June 30, 2010.

(Resource Person: Laverne V. Brooks – 4166) (Attachment #8 - 17 pages) (PR# 5549)

9. Bid Report – August 2008

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

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #9 - 7 pages) (PR# 5480)

10. Piggyback Purchase - Twenty Hybrid Buses

To authorize the City Manager to enter into a contract with the Gillig Corporation in the amount of $10,678,353.00 for providing the City with twenty hybrid-transit buses from an existing City of Charlotte contract; 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 Stephen Mancuso – 1535) (Attachment #10 – 5 pages) (PR# 5509)

11. Bids – Term Contract for Diesel Fuel

To accept the bid from James River Solutions, in the estimated amount of $3,317,050.00 for providing the City with its Estimated Multi-Year Requirements for Diesel Fuel;

To authorize the City Manager to enter into a contract with James River Solutions, in the estimated amount of $3,317,050.00 for providing the City with its Estimated Multi-Year Requirements for Diesel Fuel; 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 #11 - 5 pages) (PR# 5511)

12. Additional Purchase – Two Low Entry Refuse Collection Cab & Chassis

To authorize the City Manager to enter into a contract with Southern Truck Service, Inc., in the amount of $206,886.00 for providing the City with two Low Entry Refuse Collection Cab & Chassis; and

To authorize the City Manager to modify the contracts 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 #12 - 5 pages) (PR# 5531)

13. Setting Public Hearings to Consider Ordering Petitioned Improvements

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

To adopt a resolution setting a public hearing for November 3, 2008 to consider ordering each of the following improvements:

Sidewalk on Sedwick Road (North Side) from Revere Road to Grandale Drive

Water Main on Valley Springs Road from Rivermont Road North, then West to Include PIN 0814-03-10-7214; Rose Road from Valley Springs Road to the North Property Line of PIN 0813-01-19-9957 and Forestdale Road from Valley Springs Road to the End of the Cul-de-sac

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #13 - 7 pages) (PR# 5503)

14. Street Acceptances

To accept the streets on the attached list for maintenance by the City of Durham.

(Resource Person: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #14 - 5 pages) (PR# 5504)

16. Naming Rights Agreement for the Stage of Durham Performing Arts Cente

To authorize the City Manager to execute a naming rights contract of the stage at the Durham Performing Arts Center with Robert D. Teer, Jr. on behalf of the Teer family in the amount of $1.2 million to be paid by the Teer family over a 10-year period; and

To authorize the City Manager to modify the contracts 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: Alan DeLisle – 4965 ext. 212) (Attachment #16 - 17 pages) (PR# 5547)

18. Proposed Advanced Acquisition for the Future Expansion of Lake Michie, Property of Carolina Singh Associates

To approve the acquisition in fee simple absolute of unimproved land from Carolina Singh Associates, identified as PIN # 0847-04-73-8471 (±109.76 acres) for $8,500.00 per acre for a total purchase price of $932,960.00.

(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #18 - 3 pages) (PR# 5484)

19. Lease Agreement with Members Credit Union

To authorize the City Manager to execute the Lease Agreement with Members Credit Union for a five-year lease for office space in the City Hall Annex; and

To authorize the City Manager to make changes to the lease agreement provided the changes do not decrease the lease rates or change the intent of the agreement.

(Resource Person: David Fleischer – 4197 ext. 288) (Attachment #19 - 11 pages) (PR# 5486)

20. Proposed Sale of 727 N. Mangum Street, Parcel ID# 104905 (City Tract #1981)

To declare the property at 727 N. Mangum Street surplus;

To propose to accept the offer of $30,000.00 from UDI Community Development Corporation to purchase the property at 727 N. Mangum Street and advertise for upset bids pursuant to the Upset Bid Procedure (G.S. 160A-269);

To delegate authority to the City Manager to accept the bid from the highest responsible bidder at the conclusion of upset bidding, pursuant to Section 86.3 of the City Charter; and

To authorize the City Manager or the Mayor to convey the property with a non-warranty deed.

(Resource Person: Donna Lunsford – 4197) (Attachment #20 - 6 pages) (PR# 5506)

21. North Carolina Division of Environment and Natural Resources Urban and Community Forestry Grant for Durham Street Tree Canopy Analysis Project

To authorize the City Manager to accept the North Carolina Department of Environment and Natural Resources Urban and Community Forestry Grant for Durham Street Tree Canopy Analysis Project by executing the grant documents with the Davey Resource Group; and

To adopt the North Carolina Department of Environment and Natural Resources Urban and Community Forestry Grant Project Ordinance in the amount of $7,050.00.

(Resource Person: Alexander Johnson – 4197 ext. 275) (Attachment #21 - 8 pages) (PR# 5518)

22. Durham Minimum Livable Wage Information

To receive a report on the Durham Minimum Livable Wage and to change the Durham Minimum Livable Wage to $10.95 per hour effective January 3, 2009; and

To approve a recommendation to make changes to the Durham Minimum Livable Wage ordinance.

(Resource Person: Alethea C. Bell – 4214) (Attachment #22 - 9 pages) (PR# 5555)

23. Durham City County Interlocal Cooperation Agreement for Planning

To adopt the Interlocal Cooperation Agreement for Planning.

(Resource Person: Steven L. Medlin, AICP – 4132 ext. 223) (Attachment #23 - 17 pages)(PR# 5438)

24. 2007 Highway Intensity Drug Trafficking Area (HIDTA) Grant

To authorize the City Manager to execute the grant agreement for the Executive Office of the President, Office of National Drug Policy, 2007 Highway Intensity Drug Trafficking Area (HIDTA) grant;

To adopt the Executive Office of the President, Office of National Drug Policy, 2007 Highway Intensity Drug Trafficking Area Grant Project Ordinance;

To authorize the City Manager to execute sub-recipient contracts between the Drug Enforcement Administration (DEA), and the State Bureau of Investigation (SBI) with the City of Durham in order to comply with required collaborations as set forth in the approved Federal award budget and HIDTA Initiative; and

To authorize the City Manager to modify the contracts 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: Steve Mihaich – 4322) (Attachment #24 - 33 pages) (PR# 5508)

25. 2008 Highway Intensity Drug Trafficking Area (HIDTA) Grant

To authorize the City Manager to execute the grant agreement for the Executive Office of the President, Office of National Drug Policy, 2008 Highway Intensity Drug Trafficking Area (HIDTA) grant;

To adopt the Executive Office of the President, Office of National Drug Policy, 2008 Highway Intensity Drug Trafficking Area Grant Project Ordinance;

To authorize the City Manager to execute sub-recipient contracts between the Drug Enforcement Administration (DEA), State Bureau of Investigation (SBI), and the Raleigh Police Department, with the City of Durham in order to comply with required collaborations as set forth in the approved Federal award budget and HIDTA Initiative; and

To authorize the City Manager to modify the contracts 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: Steve Mihaich – 4322) (Attachment #25 - 47 pages) (PR# 5516)

26. Contract Amendment for Professional Services Agreement with Stewart Engineering, Incorporated for Design and Construction Administration Including Construction Engineering Services

To authorize the City Manager to amend the professional services agreement with Stewart Engineering, Incorporated in the amount of $247,500.00 for increases in the design and construction administration for the NC 147 Pedestrian Bridge Project (North Carolina Department of Transportation U-4445); and

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

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #26 - 3 pages) (PR# 5530)

27. Resolution Authorizing an Agreement with the North Carolina Department of Transportation for an Apprenticeship

To adopt a resolution authorizing the City Manager to enter into an agreement with the North Carolina Department of Transportation for the Apprentice program; and

To adopt a City of Durham Grant Project Ordinance – Transportation Apprentice in the amount of $37,498.00 for the funding of this program.

(Resource Person: Felix Nwoko – 4366) (Attachment #27 - 56 pages) (PR# 5538)

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

29. Ordinance to Clarify Solid Waste Department Fees for Bulky Item Pickup, Roll-Off Container Rental and Cart Rental

To adopt an Ordinance to Clarify Solid Waste Department Fees for Bulky Item Pickup, Roll-Off Container Rental and Cart Rental.

(Resource Person: Donald Long – 4186) (Attachment #29 - 7 pages) (PR# 5535)

30. Service and Equipment Lease Agreements for IP Telephony System Implementation

To authorize the City Manager to execute a service agreement with FeatureTel Managed Communications, LLC in the amount of $873,970.40 to supply a fully managed IPT system for 3 years;

To authorize the City Manager to execute a 59 month lease agreement with Cisco Systems Capital Leasing in an amount not to exceed $990,000.00 for the lease, installation, and maintenance of Cisco Systems telephony and networking equipment; and

To authorize the City Manager to modify the agreements 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 agreements.

(Resource Person: Bill Hess – 4122 ext. 231) (Attachment #30 – 80 pages) (PR# 5515)

31. Contract Award for Construction of Cary Interconnection Project along NC 55

To authorize the City Manager to execute a contract with J. F. Wilkerson Contracting Co., Inc. for the Cary Interconnection Project in the amount of $897,860.00;

To establish a contingency fund for the contract in the amount of $180,000.00;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $180,000.00 and the total project cost of $1,077,860.00; 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 ext. 260) (Attachment #31 - 3 pages) (PR# 5507)

32. Contract Amendment #1, SR-47 Sanitary Sewer Evaluation Study

To authorize the City Manager to execute a contract amendment #1 with Hydrostructures, PA for the extension of services under the SR-47, Sanitary Sewer Evaluation Study Project, increasing the original not to exceed contract amount by $350,000.00 for a total not to exceed amount of $1,044,334.50;

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

To authorize the City Manager to negotiate and execute change orders under the Agreement provided the total fee does not exceed $1,113,768.00, which is the total contract amount plus contingency.

(Resource Person: James Harding – 4381) (Attachment #32 - 6 pages) (PR# 5522)

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

61. Resolution Memorializing William I. Thornton, Jr.

To adopt a Resolution Memorializing William I. Thornton, Jr.

(Resource Person: Mayor William V. "Bill" Bell – 4333) (Attachment #61 – 1 page) (PR# 5559)

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

65. Joint City-County Planning Commission (JCCPC) Recommendation Regarding Transportation Impact Analyses (TIAs)

To receive a report on the Joint City-County Planning Commission (JCCPC) Recommendation Regarding Transportation Impact Analyses (TIAs). (Resource Person: Council Member Michael J. Woodard – 4396) (Attachment #65 – 3 pages) (PR# 5610)

[General Business Agenda]

28. Bicycle Lanes on Fayetteville Road between Woodcroft Parkway and Buxton Street

To approve an exception to the bicycle plan to indicate that bicycle lanes will not be provided as part of the widening of Fayetteville Road between Woodcroft Parkway and Buxton Street.

(Resource Person: Dale McKeel – 4366) (Attachment #28 - 8 pages) (PR# 5541)

[General Business Agenda – Public Hearings]

36. Proposed Nonresidential Building Code Ordinance

To conduct a public hearing and public comments related to the proposed Minimum Nonresidential Building Code;

To adopt a proposed Minimum Nonresidential Building Code Ordinance;

To adopt an Ordinance that designates a new division in chapter 10. Article VII captioned Unsafe Buildings entitled "supplemental Procedures"; and

To adopt an Ordinance to impose fee for noncompliance with administrator's order under the Nonresidential Building Code.

(Resource Person: Constance Stancil – 1647) (Attachment #36 - 28 pages) (PR# 5452)

37. Historic Landmark Designation – Paschall's Bakery and Studebaker Building (LD0700001)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating Paschall's Bakery Building and Studebaker Building, 115-121 North Duke Street (LD0700001) as Historic Landmarks.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #37 - 8 pages) (PR# 5488)

38. Historic Landmark Designation – Simpson-Umstead House (LD0700002)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the Simpson Umstead House, 807 Hermitage Court Drive (LD0700002), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #38 - 7 pages) (PR# 5489)

39. Historic Landmark Designation – Original Watts Hospital Building (LD0700003)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the Original Watts Hospital Building, 302 Watts Street (LD0700003), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #39 - 7 pages) (PR# 5490)

40. Historic Landmark Designation – Webb Thompson House (LD0700004)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the Webb Thompson House (LD0700004), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #40 - 7 pages) (PR# 5491)

41. Historic Landmark Designation – Penny Furniture Building (LD0700005)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the Penny Furniture Building, 111 East Chapel Hill Street (LD0700005), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #41 - 8 pages) (PR# 5492)

42. Historic Landmark Designation – Durham Laundry Building (LD0700006)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the Durham Laundry Building, 209-211 North Church Street (LD0700006), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #42 - 7 pages) (PR# 5493)

43. Historic Landmark Designation – L. D. Rogers Furniture Store Building (LD0700009)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the L. D. Rogers Furniture Store Building, 107 East Parrish Street (LD0700009), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #43 - 7 pages) (PR# 5494)

44. Historic Landmark Designation – Rogers Drugs Building (LD0700010)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the Rogers Drugs Building, 200 North Mangum Street (LD0700010), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #44 - 7 pages) (PR# 5495)

45. Historic Landmark Designation – Tempest Building (LD0700011)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the Tempest Building, 102 City Hall Plaza (LD0700011), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #45 - 8 pages) (PR# 5496)

46. Historic Landmark Designation – Venable Center (LD0800001)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the Venable Center, 302 East Pettigrew Street (LD0800001) as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #46 - 7 pages) (PR# 5497)

48. Historic Landmark Designation – John O'Daniel Hosiery Mill Building (LD0800003)

To conduct a public hearing and receive public comment on the proposed Historic Landmark designation; and

To adopt an ordinance designating the John O'Daniel Hosiery Mill Building, 801 Gilbert Street (LD0800003), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #48 - 8 pages) (PR# 5499)

49. Historic Landmark Designation – King's Daughters Home (LD0800004)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the King's Daughters Home, 204 North Buchannan Boulevard (LD0800004), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #49 - 8 pages) (PR# 5500)

50. Historic Landmark Designation – C.C. Taylor Building (LD0800006)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the C.C. Taylor Building, 115 East Main Street (LD0800006), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #50 - 7 pages) (PR# 5501)

51. Historic Landmark Designation – Johnson-Rogers House (LD0700008)

To conduct a public hearing and receive public comments on the proposed Historic Landmark designation; and

To adopt an ordinance designating the Johnson-Rogers House, 215 Monmouth Avenue (LD0700008), as a Historic Landmark.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #51 - 7 pages) (PR# 5502)

52. Plan Amendment – Evaluation and Assessment Report (A0800005)

To conduct a public hearing and receive public comments on the Evaluation and Assessment Report (A0800005); and

To rectify the Future Land Use Map of the Durham Comprehensive Plan by approving the map changes that the County Board of Commissioners adopted in 2007.

Staff Recommendation: Approval, based on the justification and meeting the four criteria for plan amendments

Planning Commission Recommendation: Approval, 13-0, August 12, 2008, based on the justification and meeting the four criteria for plan amendments.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #52 - 22 pages)(PR# 5534)

53. Ninth Street Plan

To continue the public hearing on the Ninth Street Plan for two additional cycles to November 17, 2008.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #53 - 3 pages) (PR# 5512)

54. Sierra Initial (Z07-14A)

To conduct a public hearing and receive public comments on the initial zoning map change for Sierra Initial (Z07-14A); and

To adopt an ordinance amending the Unified Development Ordinance, the same being Chapter 24 of the Durham City Code, to establish PDR 3.000, RR; F/J-B zoning for the property described in the attached staff report; and

To adopt as support for its action on the proposed zoning map change the determinations that the action is consistent with the Comprehensive Plan and is reasonable and in the public interest given that this reflects the zoning of the property in the County and in light of information presented in the public hearing and in the accompanying agenda materials.

Staff Recommendation: Approval, based on annexation by the Council and the information contained in this report.

Planning Commission Recommendation: Approval, per the resolution adopted by the Commission on December 13, 2005 and attached to the staff report. [The site is located on the east side of Doc Nichols Road, north of Leesville Road and east of Olive Branch Road. PIN's 0860-03-33-3314, -01-20-8767, 0767-01-27-6679, -28-5772]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #54 - 17 pages (PR# 5520)

64. Bandwidth.com, Inc.

To conduct a public hearing and receive public comments on Bandwidth.com, Inc.;

To authorize the City Manager to execute a contract with Bandwidth.com, Inc. for an economic development incentive in an amount not to exceed $400,000.00; and

To authorize the City Manager to make changes as may be needed so long as they do not increase the amount to be paid by the City nor reduce the benefits to be gained by the City.

(Resource Person: Alan DeLisle – 4965 ext. 212)

[Adjournment]

Today is the 100th anniversary of Enver Hoxha’s birth

Enver Hoxha, First Secretary of the Party of Labor of Albania, was born October 16, 1908. He helped build the PLA, then called the Communist Party of Albania, and led the national liberation war against the Italian and German occupiers during WWII and the bourgeois government of King Zog. Albania was a poorly developed country before the war, and was damaged further by the struggle, but Hoxha and the PLA built socialism, industrialized the country, and raised the standard of living, all while facing threats from expansionist neighbors, imperialism, and modern revisionism. I am still learning about Albania, but just looking at its foreign policy under Hoxha's leadership one can see what interests Hoxha and his party served. Their defense of Albania's sovereignty and revolutionary Marxism-Leninism against all opponents are reasons enough to admire Hoxha and consider revolutionary Albania an influential player in modern history despite its small size.

Near the end of his life, Hoxha wrote several books on his experiences and the world situation, to combat the anti-revolutionary ideas and actions of the leaders of Yugoslavia, the USSR, China, parties such as the Eurocommunists of France, Italy, Spain, and the Communist Party of the USA, which has long had a similar anti-revolutionary line. You can check out these books at the academic libraries of UNC and Duke, or at the links below.

Yugoslav "self-administration:" A capitalist theory and practice, published in 1978, is a short book analyzing Yugoslavia's supposedly socialist system of "self-administration," especially as portrayed in a book by a Yugoslav leader, Kardelj, that was published at the time. Hoxha showed that the Yugoslav system at the time was capitalism, disguised with elements of anarchism and liberalism, and was dependent on, and a tool of, imperialism, both West and East. This Titoist system has now been abandoned in what is left of Yugoslavia, but many people still argue for similar ideas.

Imperialism and the Revolution (see www.marxists.org/reference/archive/hoxha/works/imp_rev/toc.htm), also published in 1978, showed that imperialism and social imperialism (supposedly socialist, but really imperialist countries - the USSR after Stalin's death, and China, especially after Mao's death in 1976) is as vicious as ever, and Hoxha defended the necessity of revolution to defend against imperialist control and defeat capitalism at home. Hoxha also goes into the case against Yugoslav, Soviet, and especially Chinese revisionism, principally led by Tito, Khrushchev and his successors, and Mao and his successors.

The two volumes of Reflections on China: Extracts from the Political Diary give a week by week view of Albania's relations with China, from the early 60's to the late 70's, when Albania came out openly in opposition to the Communist Party of China. In the beginning Hoxha thought Mao and his party were allies in the struggle against the policies of Khrushchev, though the Mao made some suspicious statements. As the years went by Hoxha realized that the Chinese communist leadership was actually for capitalism and wanted to ally with the USA as a way to become a social imperialist superpower. Mao, a bourgeois democrat using a communist phrases, was progressive for leading the Chinese revolution and he helped Albania, but his successors went further towards the right and interfered in Albanian affairs and opposed revolution worldwide, as allies of the West. China even supported Pinochet in Chile and Mobutu in what was then Zaire.

Also that year, in With Stalin: Memoirs (see www.marxists.org/reference/archive/hoxha/works/stalin/intro.htm), Hoxha described his meetings with Stalin and the support that the USSR gave to Albania under Stalin's revolutionary leadership. He also talked about the Soviet, Albanian, and Yugoslav relationships to the Greek civil war, between the communists and capitalist forces, supported by the UK and USA. If I remember correctly, after Greece was liberated from the fascist occupation, the Greek communists had trusted the British imperialists and disarmed, and then were attacked.

The next year, The Khrushchevites: Memoirs was published, describing Albania's dealings with Khrushchev. After the death of Stalin in 1953, which I think Hoxha believed was an assassination, Hoxha gave the new Soviet leadership the benefit of the doubt, despite their first anti-Stalin and revisionist statements. Later they came out openly against socialism and Albania had to decide how to respond, since they received a lot of aid from the Soviets and had Soviet advisors and soldiers in their country, as well as Soviet agents in the PLA. Hoxha also describes how revisionists came to power in most of the rest of the socialist bloc at the same time.

Also in 1980, Eurocommunism is Anti-Communism (see www.marxists.org/reference/archive/hoxha/works/euroco/env2-1.htm), came out. In this book, Hoxha analyzed the totally revisionist and capitalist views of the Eurocommunists, mainly the Communist Party of Italy, Communist Party of France, and Communist Party of Spain. He also mentioned the foreshadowing role of Earl Browder, general secretary of the CPUSA during World War II, who went so far as to dissolve the party and create a non-Marxist-Leninist educational association, which sounds to me like the role assigned to Tito's League of Communists in Yugoslavia. It is hard to believe, but Browder even said that American capitalism no longer had class contradictions and that there should be only two parties!

In 1982 The Titoites: Historical Notes (see www.marx2mao.com/Other/TT82NB.html) described the PLA's relationship to Tito's Communist Party of Yugoslavia. The PLA's first major international contact was with the CPY, and only a while after WWII did it have regular relations with the USSR. The Titoists claim that they created the PLA, but Hoxha refuted this. They tried to annex Albania (along with [Bulgaria]), but Albania broke free, though Yugoslav agents almost captured control of the PLA. Hoxha also described Yugoslav repression of the Albanians in Kosova, which Tito had agreed would be free to decide their fate after the Balkans were liberated from the fascists.

Enver Hoxha wrote several other books before he died, April 11, 1985, but I have not gotten to those yet. The Artful Albanian, a 1986 book by a British author, provides excerpts from several of Hoxha's works, as well as commentary, though not from a communist perspective. Hoxha's words are very relevant today, when looking at the events in the Balkans, Iraq, China, and the decline of the remaining revisionist parties and countries. As Hoxha said, the working class must understand and combat anti-revolutionary, pro-imperialist revisionism in all its forms to win the struggle for freedom from capitalist tyranny and exploitation.

TSF 11/6: Are your wages fair?

Join the Triangle Socialist Forum at the Chapel Hill Public Library on the 6th at 7pm to discuss the labor theory of value.  We will look at what determines wages and costs, where stock dividends come from, and whether people are being paid the full value of their labor. 

 

I think the labor theory of value is not original to Karl Marx, but you might want to check out his Value, Price, and Profit, which should be available online at Marx2Mao and the Marxist Internet Archive.   

County Commission meeting Monday

This is from www.co.durham.nc.us/departments/bocc/Agendas/Current_Meeting_Agen.html.  Among other things, there is a rezoning hearing for office on Chin Page Road, near Page Road, in east Durham, longterm transportation planning, and a closed hearing that must be about an economic incentive for business. 

 

      [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, October 13, 2008

 

County Commissioners' Chambers

200 East Main Street, Durham, North Carolina

 

AGENDA

 

"Public Charge"

 

The Board of Commissioners asks its members and citizens to conduct themselves in a respectful, courteous manner, both with the Board and fellow citizens.  At any time, should any member of the Board or any citizen fail to observe this public charge, the Chairman will ask the offending person to leave the meeting until that individual regains personal control.  Should decorum fail to be restored, the Chairman will recess the meeting until such time that a genuine commitment to the public charge is observed.

 

As a courtesy to others, please turn off cell phones during the meeting.

_________________________

 

7:00 P.M. Regular Session

 

1.     Opening of Regular Session—Pledge of Allegiance                                                                    5 min.

 

2.     Agenda Adjustments                                                                                                                   5 min.

 

3.     Announcements                                                                                                                           5 min.

 

4.     Minutes

                                                                                                                                                      5 min.

September 22, 2008 Regular Session

 

5.     Proclamation for 50th Anniversary of Durham Chapter of the Links Inc.

                                                                                                                                                      5 min.

During the week of October 13, the Durham Chapter of the Links Incorporated will celebrate 50 years of civic involvement in Durham.  The Links Inc. is a national organization of African-American women that have directed their time, talent, and treasure to support civic, social, and education efforts. 

 

Over the years, local members have provided scholarships to high school and college students here and abroad and have helped fund construction of schools in South Africa.  The Links organization has partnered with other local groups such as Women-In-Action for the Prevention of Violence and its Causes, Urban Ministries, and Lincoln Community Health Center to promote issues such as expansion of mental health services, women's health issues, drug and alcohol abuse, prevention, and more.

 

President June Michaux and members of Durham Links Inc. will attend the meeting to talk about the week of activities and to receive the proclamation.

 

       County Manager's Recommendation: The Manager's recommendation is that the Board approve the proclamation and honor the positive work that the Durham Chapter of Links Inc. has performed over the past 50 years in enhancing the quality of life for others in Durham County.

 

6.     Proclaim October 19 - 25, 2008 as Pull the Plug Week in Durham

                                                                                                                                                       5 min.

The Durham Coalition on Adolescent Pregnancy Prevention (DCAPP) organized to develop strategies to help reduce the number of families impacted by teen pregnancies and unwanted pregnancies, believes that parents are the first and foremost sexuality educators of their children. 

 

DCAPP uses research to support their belief that the media also plays a significant role in developing attitudes and beliefs about sex and relationships.  In recognition of the influence of media, DCAPP urges parents, community agencies, and religious organizations to take time to share their values, beliefs, and information about relationships, sex, and related topics.   

 

DCAPP supports that quality time spent together, discussing topics related to relationships and sex, is crucial to preparing young people for their future endeavors as responsible adults and nurturing parents.  To encourage more parent-child time, DCAPP requests that the Durham County Board of Commissioners proclaim October 19 - 25 as Pull the Plug Week in Durham and requests that citizens recognize and participate in its observance.

 

Resource Person(s): Annette Carrington and Emily Adams

 

County Manager's Recommendation: The Manager's recommendation is that the Board approve the proclamation and honor the positive work that the Durham Coalition on Adolescent Pregnancy Prevention has done to provide community education on adolescent pregnancy prevention in Durham County.

 

7.     Proclamation for 25^th Anniversary of Urban Ministries

                                                                                                                                                       5 min.

During October 19 - 25, Urban Ministries will celebrate its 25^th Anniversary Week.  This nonprofit organization has worked tirelessly to provide food, shelter, and various services to Durham's most vulnerable citizens. 

 

Director of Urban Ministries, Lloyd Schmeidler, along with volunteers and Board members will attend the meeting to talk about the week of activities and to receive the proclamation.

 

County Manager's Recommendation: The Manager's recommendation is that the Board approve the proclamation and honor the positive work that Urban Ministries has done in supporting vulnerable individuals and families in Durham County.

 

8.     Ketner Award for the Guardianship Assistance Program

                                                                                                                                                       5 min.

At the NC Association of County Commissioners annual meeting in August, Durham County DSS leaders were presented with a Ketner Award for the Guardianship Assistance Program (GAP).  With the support of the Boards of Social Services and County Commissioners, the Durham County DSS has implemented the State's first child welfare kinship care program.  The program helps individuals who are appointed guardians in juvenile court to fulfill their long-term commitments to children who would otherwise enter foster care.

 

The program provides child care subsidy, financial support, and on-going advocacy for guardianship arrangements resulting from Child Protective Service (CPS) interventions.  Program supports include funds to meet the child's needs for education, health, and
self-esteem, such as tutoring, summer camp, clothing, and uninsured medical expenses.  GAP allows relatives to make a "long and strong" commitment to a child that they would otherwise be unable to make, such as grandparents living on fixed incomes.  GAP is supported by funds that would have been spent to provide foster care services for participating youth and is expected to pay for itself by offsetting more expensive foster care costs.  In a typical year, foster care placement costs in excess of $13,000, not including the costs Medicaid, court-related costs, transportation, and other required services. 

 

Rebecca Troutman with the NCACC will present the award to the Board of Commissioners.

 

       Resource Person(s): Sammy R. Haithcock, Director, DSS; Chuck Harris, Assistant Director, DSS; Michael Ward, Guardianship Assistance Program Social Worker, and Rebecca Troutman, Intergovernmental Relations Director, NC Association of County Commissioners

 

County Manager's Recommendation: Recommend recognizing DSS leaders for
ground-breaking program and award from the NCACC.

 

9.     Consent Agenda

                                                                                                                                                     15 min.

a.   Durham Public Schools Projects (accept the title to the properties [Jordan High, Northern High, and Lakewood Elementary] and authorize the deeds to be recorded);

b.   Budget Ordinance Amendment No. 09BCC000012—Budget Changes Related to Capital Finance Program Dedicated Sales Tax and Occupancy Tax Revenues (approve to appropriate over-realized FY 2007-08 Article 40 and 42 sales tax and Occupancy tax [now FY 2008-09 General Fund fund balance] to the Capital Finance Fund per Durham County's Policy on financing capital projects);

c.   Budget Ordinance Amendment No. 09BCC000013—The Durham Center—Regional Mobile Crisis and START Program Funding (approve in the amount of $1,275,410);

d.   Budget Ordinance Amendment No. 09BCC000014—Durham Soil and Water Conservation District: NC Agricultural Development and Farmland Preservation Trust Fund Grant (appropriate $30,000 in grant funds for the purpose of contracting the services of a professional consultant to assist County staff in the development, completion, and adoption of a Durham County Agricultural Development and Farmland Protection Plan);

e.   Budget Ordinance Amendment No. 09BCC000015—The Durham Center—Bureau of Justice Assistance Grant in the amount of $200,000;

f.    Budget Ordinance Amendment No. 09BCC000016—Public Health—Recognize $48,000 in One-Time Funding from the N.C. Department Of Health And Human Services, Division Of Public Health, to Improve the Delivery of Essential Public Health Services by Creating Earned Media (TV, Radio, Magazine) on Prevention/Health Issues;

g.   Capital Project Amendment No. 09CPA00007—Durham Public Schools Adjustments to Two Durham Public School Projects Partially Funded With NC Public School Building Funds (approve to reduce the Hillside High School capital project budget [SH088] $24,515 and the Southern High School capital project [SH092] budget $10,620 to reflect unspent Public School Building Funds [PSBF] being returned to the state fund);

h.   Capital Project Amendment No. 09CPA000008 (authorize an appropriation of $4,700,000 to the South Regional Library project for a total project budget of $210,387,262 and the execution of the construction contract with Bar Construction Company Inc. in the amount of $5,318,000 [Base Bid Plus Alternate SH-1] and the execution of any other related contracts including change orders, if necessary, not to exceed the available construction budget of $5,864,800; funding for this project will come from a COPS financing loan and any General Fund funds spent towards these projects will be reimbursed once loan funds are secured);

i.    Approval of the Durham City-County Interlocal Cooperation Agreement for Planning;

j.    Establishment of Eight Positions—Mental Health LME (approve as follows: Care Coordinator [4 positions], Housing Specialist [1 position], Community Liaison
[1 position], and Substance Abuse Evaluators [2 positions]);

k.   Resolution Imposing a Gross Receipts Tax on Heavy Equipment in Lieu of Property Tax (adopt the Resolution which replaces the lost personal property taxes);

l.    Street Annexation Petition (approve the addition of Broughton Drive to the state's road maintenance system subject to the certification of eligibility by the appropriate officials of the NC Department of Transportation);

m.  Approve Terms for Additional Leased Space at 300 East Main Street (approve the terms according to the terms in the Letter of Intent; authorize the Manager to negotiate a lease agreement based on these terms, which will be brought back to the Board for approval at a later date);

n.   Approval to Amend Existing State Contract from the COPS Interoperable Communications Technology Grant Funds; and

o.   Budget Ordinance Amendment No. 09BCC000017—Recognize Grant Funds for the Sheriff's Office (approve to appropriate unexpended grant funding in the amount of $163,335).

10.   Public Hearing on the Work First Plan

                                                                                                                                                     20 min.

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

 

Local leaders were appointed from various community agencies and organizations to form the Work First Planning Committee to be responsible for the development of the Work First Block Grant Plan.

 

On July 28, 2008, the Board of County Commissioners approved the list of members for the Work First Planning Committee.

 

The initial draft of the Durham County Work First Plan for Biennium 2010-2011 was presented to the Board of County Commissioners at the September 22, 2008 meeting.

 

The plan was distributed to the public for comment October 6 – 9, 2008.  The Work First Plan was distributed to community agencies and organizations throughout the county and on the county's internet site for access by the citizens of Durham County.  The distribution was also preceded by an announcement in local newspapers informing the public of the plan's availability for public comment.  The Board of County Commissioners has set a public hearing on the plan to be held at the October 13, 2008 meeting.

 

The final Work First Plan will be submitted to the Board of County Commissioners at their meeting on October 27, 2008 for their approval.

 

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

 

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

 

County Manager's Recommendation: Receive public comments and input to the Work First Plan for Durham County. 

 

11.   Public Hearing—Zoning Map Change—Chin Page Office Park (Z07-21)

                                                                                                                                                     15 min.

To approve a request for a zoning map change for a 51.32-acre site located on the north side of Chin Page Road, west of Page Road.

 

Request: Rural Residential (RR) and Industrial Limited (IL) to Industrial Limited with a development plan (IL[D]).

 

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 agenda materials; or

 

Alternatively, in the event that a motion to approve the item fails, the Commissioners adopt as support for their actions 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 agenda materials.

Staff Recommendation: Staff recommends approval, based on consistency with the Comprehensive Plan and considering the information provided in this report.

Planning Commission Recommendation and Vote: Approval, 10-3, on August 12, 2008.  The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan.  The Commission believes the request is reasonable and in the public interest and recommends approval based on the information in the staff report and comments received during the public hearing.

 

Resource Person(s): Steven L. Medlin, AICP, City-County Planning Director, and Gail Sherron, Senior Planner

 

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

 

12.   Public Hearing—Plan Amendment—Evaluation and Assessment Report (A0800005)

                                                                                                                                                     15 min.

To conduct a public hearing on a plan amendment for the Evaluation and Assessment Report (A0800005); and

 

To rectify the Future Land Use Map of the Durham Comprehensive Plan by approving the map changes that the City Council adopted in 2007.

 

City-County Planning Department Recommendation: Approval based on the justification and meeting the criteria for plan amendments.

 

Planning Commission Recommendation: Approval, 13-0, August 12, 2008, based on information provided in the staff report.

 

Resource Person(s): Steven L. Medlin, AICP, City-County Planning Director, and Joseph Carley, Planner

 

County Manager's Recommendation: The Manager recommends that the Board conduct a public hearing and, if appropriate based on the comments received, approve Plan Amendment A0800005.

 

13.   2011-2017 Transportation Improvement Program (TIP) Local Priority List

                                                                                                                                                     15 min.

Adopt the "Resolution to Endorse the Durham County Project Priority List for the
FY 2011-2017 Transportation Improvement Program" (Attachment A).

 

The N.C. Department of Transportation (NCDOT) and the Durham-Chapel
Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) mutually adopt a seven-year Transportation Improvement Program (TIP).  The TIP is a program of transportation capital and operating assistance projects to be implemented in the next seven years with the use of federal and state funds.  The TIP is traditionally updated every two years.  The Administration prepares and recommends an update to the list of transportation priority projects to be submitted to the MPO and State for consideration in the development of the next TIP.  The DCHC MPO and the State recently approved the FY 2009-2015 TIP and have begun development of the FY 2011-2017 TIP. 

 

Resource Person(s): Ellen Beckmann, Transportation Planner, DCHC MPO

 

Resource Person(s): The Manager recommends that the Board review the Transportation Improvement Program Local Priority List and adopt the Resolution to Endorse the Durham County Project Priority List for the FY 2001-2017 Transportation Improvement Program.

 

14.   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).

 

 

                                                                                                                                                            ______

                                                                                                                                                             2½ hrs.

 

 

How they voted

The financial bailout bill that passed was HR 1424 (see thomas.loc.gov/cgi-bin/query/D?c110:6:./temp/~c110QO5nEl::), and Price, Miller, Etheridge, Watt, Coble, and Myrick voted for it, and earlier in the Senate Burr voted yes and Dole actually opposed it. 

 

The Indian nuclear deal was HR 7081 (see thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.07081:), and all of the North Carolina delegation save Butterfield, Jones, Hayes, and Shuler voted for it, and both senators. 

Council meeting Monday considering Meridian Parkway rezoning, etc.

The agenda item I am concerned about is the last one, about rezoning an area at the west end of Meridian Parkway (west of Highway 55 just north of I-40) at the confluence of Northeast Creek and a tributary, Holloway Creek, coming in from Barbee Road.  Most of the parcel is floodplain, and more hard surface on the upland part is one more contribution to increased flooding, erosion, and pollution downstream, as rain rapidly runs into the Creek, rather than soaking into the ground or draining more slowly through vegetation.  A little upstream of this site there is already flooding around the office buildings and downstream the hotel at Parkwest Crossing often gets flooded in the back.  The rezoning request is from light industrial to office and institutional.   

 

Tomorrow morning Durham government and citizens' groups are participating in the annual statewide Big Sweep cleanup along waterways. 

 

Noon to 3 there is a charrette meeting about revitalizing a Durham public cable access channel along the lines of The Peoples Channel in Chapel Hill (see www.durhammediacenter.org). 

 

In the news also, the Senate and today the House voted to bail out Wall Street at our expense, rather than help the average person directly.   It's funny that they have hundreds of billions for the "War on Terror" and bailouts, but not for social services, infrastructure, or reparations to oppressed groups in the USA, Afghanistan, or Iraq.  Congress also approved the nuclear deal with India, which developed and tested nuclear weapons and is not a signatory of the Nuclear Non-Proliferation Treaty, while the DPRK did the same thing after pulling out of the NPT and is condemned by the imperialists and is expected to allow inspectors free access to all locations in the country.  I would like to see what the US government would say if the Koreans or Iranians demanded free access to US sites to verify compliance with the NPT.  I also wonder how Price voted on the nuclear deal (he already told the press that he supports the bailout).       

City Council agenda

The Mayor calls the meeting to order at 7:00 pm

Call To Order

Moment Of Silent Meditation

Pledge Of Allegiance

Roll Call

Ceremonial Items

Announcements By Council

Priority Items By The City Manager, City Attorney And City Clerk

[Consent Agenda]

1. Approval of City Council Minutes

To approve City Council minutes for the August 18, 2008 and September 2, 2008 City Council Meetings; and

To approve City Council action taken at the August 21, 2008 City Council Work Session.

(Resource Person: D. Ann Gray – 4166) (PR# 5412)

2. Mayor's Nominee for Appointment - Human Relations Commission

To appoint Pamela Morris as Mayor's appointee to the Human Relations Commission with the term to expire on June 30, 2011.

(Due to a vacancy)

(Resource Person: LaVerne Brooks – 4166) (Attachment #2 - 5 pages) (PR# 5473)

3. Lyon Park Advisory Board - Receipt and Acceptance of Applications

To receive and accept applications for citizens to fill two (2) vacancies on the Lyon Park Advisory Board.

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #3 - 5 pages) (PR# 5474)

4. Human Relations Commission - Reappointment

To reappoint James Hill to the Human Relations Commission with the term to expire on June 30, 2011. Note: At the Work Session on September 18, 2008, Mr. Hill received six (6) votes.

(Due to the term expiring of James Hill)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #4 - 7 pages) (PR# 5475)

6. Resolution Authorizing the Semi-Annual City Auction

To adopt a resolution authorizing the Semi-Annual City Auction to be held on November 8, 2008 at 10:00 a.m.

(Resource Person: Joseph W. Clark – 4132) (Attachment #6 - 3 pages) (PR# 5453)

7. Piggyback Purchase – Two (2) Fire & Rescue Pumpers

To authorize the City Manager to enter into a contract with the Sutphen Corporation, in the amount of $639,118.86, for providing the City with two (2) Fire & Rescue Pumpers; 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 - 5 pages) (PR# 5455)

8. Bids - Durham Police Department Rainwear

To accept the bid from Showfety's Inc., in the amount of $125,568.00, for providing the Police Department with rain coats;

To authorize the City Manager to enter into a contract with Showfety's, Inc., in the amount of $125,568.00, for providing the Police Department with rain coats; 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 Clark and Lynette McRae – 4132) (Attachment #8 - 5 pages) (PR# 5454)

9. Minimum Nonresidential Building Code

To set a public hearing to be held on October 20, 2008, to receive public comments related to the Proposed Minimum Nonresidential Building Code.

(Resource Person: Constance Stancil – 1647) (Attachment #9 - 2 pages) (PR# 5476)

10. Inventory Audit (June 30, 2008) August, 2008

To receive and accept the Inventory Audit (June 30, 2008), as presented and approved at the August 25, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel – 4213 ext. 246) (Attachment #10 - 13 pages) (PR# 5442)

11. Solid Waste Task System Compliance Audit - August, 2008

To receive and accept the Solid Waste Task System Compliance Audit - August 2008, as presented and approved at the August 25, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel – 4213 ext. 246) (Attachment #11 - 11 pages) (PR# 5443)

12. U.S. Department of Housing and Urban Development (HUD) Inspector General Audit for the City of Durham HOME Program

To receive and accept the HUD Inspector General Audit for the City of Durham HOME Program, as presented and approved at the August 25, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel – 4213 ext. 246) (Attachment #12 - 17 pages) (PR# 5448)

13. Construction/Permanent Loan Agreement and CHDO Operating Grant Agreement between the City of Durham and Durham Community Land Trustees, Inc. (DCLT)

To authorize the expenditure of $224,500.00 in HOME funds;

To authorize the City Manager to execute a Construction/Permanent Loan Agreement and related loan documents with Durham Community Land Trustees, Inc. in an amount of up to $186,000.00 to acquire and rehabilitate two vacant residential duplexes in Southwest Central Durham;

To authorize the City Manager to execute a CHDO Operating Grant Agreement with DCLT in an amount of up to $38,500.00 to fund a project construction manager position;

To authorize the City Manager to execute a HOME Investment Partnership Agreement with DCLT in an amount of up to $224,500.00; and

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

(Resource Person: Shepherd Smith – 4570) (Attachment #13 - 67 pages) (PR# 5460)

14. Contract for Services with the Greater Durham Chamber of Commerce for the "Make It Durham" Campaign

To authorize the City Manager to execute a contract with the Greater Durham Chamber of Commerce, Inc. in the amount of $30,000.00 for the "Make It Durham" campaign; and

To authorize the City Manager to make minor changes to the contract as needed as long as the changes do not decrease the benefits to be provided to the City nor increase costs to the City.

(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #14 - 12 pages) (PR# 5463)

15. Report on Sale of 2008 General Obligation Bonds, Series A and B

To accept a report on the July 15, 2008 Sale of General Obligation Bonds.

(Resource Person: John J. Allore – 4510) (Attachment #15 - 5 pages) (PR# 5429)

16. Reimbursement Resolution for Certifications of Participation (COPS) Funded Projects

To adopt a resolution declaring the intent of the City to reimburse itself for capital expenditures incurred in connection with Certifications of Participation (COPS) financing for the purchase of technology equipment, including hardware and software, and the acquisition of vehicles for use by several City departments.

(Resource Person: John J. Allore – 4510) (Attachment #16 - 4 pages) (PR# 5432)

17. State Treasurer's Local Government Other Post Employment Benefits (OPEB) Fund

To adopt a resolution authorizing the establishment of an investment account and Short Term Investment Fund (STIF) through the State Treasurer and the execution of the State Treasurer's Contribution Agreement.

(Resource Person: John J. Allore – 4510) (Attachment #17 - 10 pages) (PR# 5461)

18. Report on 2008 Private Placement Installment Purchase Sale

To accept a report on the June 10, 2008 Sale Results from a Private Placement Loan.

(Resource Person: John J. Allore – 4510) (Attachment #18 - 5 pages) (PR# 5467)

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

20. State Farm Grant Award

To authorize the City Manager to accept the City of Durham FY09 State Farm Grant by executing the grant documents; and

To adopt the City of Durham FY09 State Farm Grant Project Ordinance in the amount of $1,000.00.

(Resource Person: Bruce T. Pagan, Jr., - 4242 ext. 222) (Attachment #20 - 3 pages) (PR# 5439)

21. Interstate 85 Median Landscape Maintenance

To authorize the City Manager to execute a contract with Southern Garden, Inc. for contract I.85.MM.08 Interstate Median Landscape Maintenance, with a three year estimated cost of $206,610.14 and a 20% contingency at a cost of $41,322.00, for a total cost not to exceed $247,932.14; and

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

(Resource Person: Kevin Lilley – 4197) (Attachment #21 - 17 pages) (PR# 5472)

22. Historic Landmarks, General Information

To receive a report on the Historic Landmarks, General Information.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #22 - 7 pages) (PR# 5465)

23. 2007 Annual Report of the Durham Environmental Affairs Board

To receive the 2007 Annual Report of the Durham Environmental Affairs Board.

(Resource Person: Robert Rosenthal, Chair - 4137 ext. 223) (Attachment #23 - 7 pages) (PR# 5456)

24. License Agreement with Weston Downs, LLC

To authorize the City Manager to enter into a license agreement with Weston Downs, LLC for installation and maintenance of an irrigation system within the public Right-of-Way.

(Resource Persons: Edward R. Venable and Robert N. Joyner – 4326) (Attachment #24 - 4 pages) (PR# 5434)

25. Contract Amendments for Contract ST-228, Street Repairs and Resurfacing and Professional Services for Construction Administration

To authorize the City Manager to amend contract ST-228 Street Repairs and Resurfacing with Barnhill Contracting, Incorporated by $847,883.00 representing a 50% increase over the $1,695,766.43 previously authorized expenditure to facilitate continuation of the resurfacing construction;

To authorize the City Manager to amend the professional services contract with Greenhorne and O'Mara, Incorporated by $230,622.00 representing a 45.22% increase over the $510,000.00 previously authorized expenditure to facilitate continuation of the construction administration; and

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

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #25 - 4 pages) (PR# 5471)

26. Capital Project Ordinance Amendment – NC147 Pedestrian Bridge Project U-4445

To adopt an ordinance amending the General Capital Improvement Project Ordinance, Fiscal Year 2008-09, as amended, the same being Ordinance #13632 for the purpose of recognizing the additional N.C. Department of Transportation revenue of $800,000.00.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #26 - 3 pages) (PR# 5449)

28. Agreement for a Dedicated Internet Access Service Connection at Police Headquarters

To authorize the City manager to execute a dedicated Internet Access Agreement with Time Warner Cable, Time Warner Cable Business Class commercial Service Order agreement in the amount of $37,036.00 for three years of service; and

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

(Resource Person: Bill Hess – 4122 ext. 231) (Attachment #28 – 9 pages) (PR# 5462)

29. Extension of Water Sales Agreement - Orange Water and Sewer Authority (OWASA)

To authorize the City Manager to execute an Agreement Extending the Term of Agreement Providing for the Sale and Purchase of Water with the Orange Water and Sewer Authority (OWASA); and

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

(Resource Person: Nancy Newell – 4381) (Attachment #29 - 5 pages) (PR# 5445)

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

[General Business Agenda]

19. Beer and Wine Privilege License Issuance

To approve the local Beer and Wine Privilege Licenses for listed establishments.

(Resource Person: John J. Allore – 4510) (Attachment #19 – 14 pages) (PR# 5468)

[General Business Agenda – Public Hearings]

Assessments and Improvements

33. Ordering Improvements

To conduct a public hearing and receive public comments on the following proposed improvements; and

To adopt resolutions ordering the below improvements:

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

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

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #33 - 3 pages) (PR# 5446)

34. Mini Assessment Roll for Sewer Main on Rivermont Road from Northeast Property Line of Tax Map 767-4-17 Southwest to the Rivermont Road Outfall

To reconsider the assessment against the property of Nathan L. and Melinda R. Stanley; and

To find that the property, identified as 3801 Rivermont Road, PIN 0803-02-89-5293, has benefited from the sewer main improvement and to confirm the assessment in the original amount.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #34 - 1 page) (PR# 5459)

35. Merchandise-Based Improvement Program Contract with Revolution, LLC

To conduct a public hearing and receive public comments on the proposed economic development incentives agreement per GS 158-7.1;

To authorize the City Manager to execute a contract with Revolution Restaurant Group, LLC in the amount of $7,500.00 to purchase restaurant equipment; and

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

(Resource Person: Chris Dickey – 4965 ext. 204) (Attachment #35 - 14 pages) (PR# 5464)

36. Zoning Map Change – Meridian Parkway/Exchange Place (Z0800024)

To conduct a public hearing and receive public comments on the zoning map change for Meridian Parkway/Exchange Place (Z0800024);

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 Z0800024 out of IL; F/-J-B and MTC (partial) and placing same in and establishing same as OI; F/J-B and MTC (partial); 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, 7-6 on August 12, 2008. The Planning Commission finds that the ordinance request is consistent with the adopted Comprehensive Plan. The Commission believes the request is reasonable and in the public interest and recommends approval based on the information in the staff report and comments received during the public hearing.

[The site is located on the west side of Meridian Parkway at the intersection with Exchange Place. PINs: 0728-02-75-9951, -76-7455, -86-6434 (partial)]

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #36 - 17 pages) (PR# 5437)

[Supplimental Agenda]

[Adjournment]

Price and Miller voted for the bailout plan

David Price and Brad Miller are among those who voted for the failed bailout bill, which I have not been able to find on the Library of Congress website so far.  Whether that plan would have reduced the economic crisis or not, I think it is a case of the government trying to take from working people to give to the rich, and that can't be allowed to stand.  Many on the right voted against it, for the wrong reasons, while supposedly pro-"middle class" and working family Democrats supported it.  Apparently foreign pundits are upset that the bailout didn't go through and for days the BBC has been asking whether the great "free market" is dead and guests bring up the old line about capitalism being the best system ever invented and Tuesday NPR started sounding like that.  I just don't get it. It's as if they have forgotten that recurring crises or "market corrections" are an inevitable part of capitalism and they talk like something has changed forever.  If capitalism continues, I predict that it won't be very many decades before this economic neoliberalism ("market fundamentalism") returns in a new guise, assuming it is dying now. 

 

Then there are the Republicans who talk about the "slippery slope to socialism" and even Triangle Free Press mentioned "Wall Street Socialism" in a headline recently, which taints socialism with the connotation of welfare for corporations.  Even if the government takes over these financial companies, that is not in the least socialism. European countries, Venezuela, and Bolivia, among others, have nationalized companies, but they are still completely capitalist.  It would be a good reward for the greedy financiers (and oil executives) if their companies were nationalized and the profits put in the treasury, but it is still capitalism if the surplus value, value beyond what it takes to stay in business and created by the labor of the working class, goes to the capitalist class and the capitalist parties run the government.