1. Approval of City Council Minutes
To approve City Council minutes for the May 4, 2009 and May 18, 2009 City Council Meetings; and
To approve City Council action taken at the April 23, 2009 and May 7, 2009 City Council Work Sessions.
(Resource Person: D. Ann Gray — 4166)
(PR# 6188) 2. Durham Board of Adjustment — Receive and Accept Applications
To receive and accept applications for citizens to fill two (2) vacancies for Regular Members on the Durham Board of Adjustment with the terms to expire on June 30, 2012.
(Due to the terms expiring of Lynn A. Andrews and David J. Neill)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #2 — 8 pages)
(PR# 6222) 3. Durham City-County Environmental Affairs Board — Receive and Accept Applications
To receive and accept applications for citizens to fill two (2) vacancies on the Durham City-County Environmental Affairs Board to represent Solid Waste and Energy with the terms to expire on June 1, 2012.
(Due to the terms expiring of John Manuel and James A. Stivers)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #3 — 8 pages)
(PR# 6228) 4. Durham City-County Appearance Commission — Receive and Accept Applications
To receive and accept applications for a citizen to fill one (1) vacancy on the Durham City-County Appearance Commission with the term to expire on April 1, 2012.
(Due to the term expiring of Nakira Devon Carter)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #4 — 7 pages)
(PR# 6220) 5. Durham Cultural Master Plan Advisory Board — Receive and Accept Applications
To receive and accept applications for Citizens to fill three (3) vacancies on the Durham Cultural Master Plan Advisory Board with the terms to expire on June 30, 2010.
(Due to the terms expiring of Sherry L. Devries, Beverly Meek, and Douglas Zinn)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #5 — 12 pages)
(PR# 6080) 6. Capital Program Advisory Committee — Receive and Accept An Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Capital Program Advisory Committee representing Project Management with the term to expire on March 31, 2011.
(Due to the expired term of Patrick Byker)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #6 — 4 pages)
(PR# 6212) 7. Housing Appeals Board — Receive and Accept Applications
To receive and accept applications for a citizen to fill one (1) vacancy on the Housing Appeals Board for an Alternate Member to represent At-Large with the term to expire on June 30, 2010.
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #7 — 7 pages)
(PR# 6213) 8. Audit Services Oversight Committee — Receive and Accept an Application
To receive and accept an application for a citizen to fill one (1) vacancy on the Audit Services Oversight Committee representing Business Community with the term to expire on June 1, 2013.
(Due to the term expiring of Pamela Gorham)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #8 — 3 pages)
(PR# 6214) 9. Human Relations Commission — Appointments
To appoint Shawn M. Ross and to reappoint Alba Onofrio and Ryan L. Urquhart to the Human Relations Commission with the terms to expire on June 30, 2012.
Note: At the Work Session on June 4, 2009, all of the above citizens received seven (7) votes.
Due to the terms expiring of Ryan L. Urquhart, Alba Onofrio and the resignation of Kamala L. Uzzell) (Resource Person: LaVerne V. Brooks — 4166) (Attachment #9 — 8 pages)
(PR# 6215) 10. Citizens Advisory Committee — Appointments
To reappoint Dorcas M. Bradley, Delvin Davis, Kyla Sweet-Chavez and Faith M. Thompson to the Citizens Advisory Committee with the terms to expire on June 30, 2012.
Note: At the Work Session on June 4, 2009 all of the above citizens received seven (7) votes.
(Due to the terms expiring of Dorcas M. Bradley, Delvin Davis, Kyla Sweet-Chavez and Faith M. Thompson)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #10 — 10 pages)
(PR# 6217) 11. Durham Workforce Development Board — Receipt and Acceptance of Applications and Appointments
To receive and accept applications and to reappoint the following citizens to the Durham Workforce Development Board with terms expiring on June 30, 2011:
Marsha Basloe (Community Based Organizations), Jamie Glass (Educational Agency), Carl E. Harris (Educational Agency) and Denise Motley Johnston (Private Sector)
Note: At the Work Session on June 4, 2009, Ms. Basloe received seven (7) votes, Ms. Glass received five (5) votes, Mr. Harris received seven (7) votes and Ms. Johnston received five (5) votes.
(Due to the terms expiring of Marsha Basloe, Jamie Glass, Carl E. Harris and Denise Motley Johnston)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #11 — 14 pages)
(PR# 6245) 12. Citizens Advisory Committee — Receive and Accept 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, 2010.
(Due to the resignation of Gil Bernie Stewart)
(Resource Person: LaVerne V. Brooks — 4166) (Attachment #12 — 3 pages)
(PR# 6232) 13. Street Acceptances
To accept the streets on the attached list for maintenance by the City of Durham.
(Resource Persons: Edward R. Venable and Nathan L. McHenry — 4326) (Attachment #13 — 8 pages)
(PR# 6211) 14. This item can be found on the General Business Agenda.
15. Home Investment Partnerships Agreement and Loan Agreement between the City of Durham and the Center for Community Self-Help for First Mortgage Financing of 1101 South Street
To authorize the expenditure of up to $65,000.00 in HOME funds to be provided to the Center for Community Self-Help as a forgivable loan holding a first position;
To authorize the City Manager to execute a Forgivable Loan Agreement and related legal documents with the Center for Community Self-Help; and
To authorize the City Manager to modify the agreements and other related documents before execution provided that the modifications do not increase the dollar amount of the agreements and do not lessen the obligations of the contractor.
(Resource Person: Shepherd Smith — 4570 ext. 227) (Attachment #15 —57 pages)
(PR# 6241) 16. Amendment of Existing Home Investment Partnership Agreement with Housing for New Hope, Inc. Providing an Additional $200,000.00 in Home Funds to Support the Construction of Williams Square Apartments Phase II
To authorize the expenditure of $200,000.00 in HOME funds for the purpose of affordable housing;
To authorize the City Manager to amend the existing HOME Investment Partnership Agreement with Housing for New Hope, Inc. to increase the amount by $200,000.00 funded from FY 2007-2008 HOME funds, for a total of HOME investment of up to $452,000.00, in the form of a construction/permanent loan for Williams Square Apartments Phases I and II;
To authorize the City Manager to execute an amendment to the loan agreement with Housing for New Hope, Inc. for the additional loan amount; and
To authorize the City Manager to modify the amendment 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 ext. 226) (Attachment #16 — 38 pages)
(PR# 6244) 17. Neighborhood Stabilization Program (NSP) Implementation Contracts and Grant Project Ordinance
To adopt the City of Durham/North Carolina Department of Commerce project ordinance in the amount of $2,100,000.00;
To authorize the expenditure of $1,802,500.00 in NSP funds and $300,000.00 in HOME CHDO funds;
To authorize the City Manager to execute an NSP subrecipient agreement with Community Alternatives for Supportive Abodes (CASA) in the amount of $630,000.00 for the purchase and renovation of 217 W. Geer Street or equivalent affordable rental units as approved by the City Manager;
To authorize the City Manager to execute a HOME CHDO loan agreement and related documents in the amount of $300,000.00 with Community Alternatives for Supportive Abodes (CASA) for the renovation of 217 W. Geer or equivalent affordable rental units as approved by the City Manager;
To authorize the City Manager to execute an NSP subrecipient agreement with Durham County Habitat for Humanity in the amount of $602,500.00 for the acquisition of approximately 13 foreclosed/abandoned or blighted properties in Northeast Central Durham;
To authorize the City Manager to execute an NSP subrecipient agreement with the Center for Community Self Help in the amount of $570,000.00 for the acquisition of approximately 12 foreclosed/abandoned or blighted properties in Southwest Central Durham/Southside; and
To authorize the City Manager to make changes to said agreements or contracts prior to execution that do not increase the grant or loan amounts or lessen the duties of the contractors.
(Resource Person: Larry Jarvis — 4570 ext. 273) (Attachment #17 — 125 pages)
(PR# 6249) 18. Community Development Block Grant (CDBG) Subrecipient Contract with Urban Ministries of Durham, Inc.
To authorize the expenditure of CDBG funds in an amount not to exceed $50,000.00;
To authorize the City Manager to execute a Subrecipient Contract with Urban Ministries of Durham, Inc. to support the Community Kitchen; and
To authorize the City Manager to make changes to the documents that do not increase the contract amount, lessen the Subrecipient's duties or extend the term of the contract by more than an additional two (2) months beyond January 2, 2010.
(Resource Person: Tamesha E. Thompson-Eleanya – 4570 ext. 225) (Attachment #18 — 21 pages)
(PR# 6256) 20. This item can be found on the General Business Agenda.
22. FY10 Contract between the City of Durham and Doc Arts, Inc. for Economic Development through Cultural Arts
To authorize the City Manager to execute a contract with Doc Arts, Inc. for cultural arts-based economic development services, in an amount not to exceed $65,000.00; and
To authorize the City Manager to modify the contract provided that the modifications do not increase the dollar amount and the modifications are consistent with the general intent of the contract.
(Resource Person: Kevin Dick — 4965 ext. 15219) (Attachment #22 — 16 pages)
(PR# 6272) 23. FY10 Contract between the City of Durham and Downtown Durham, Inc. for Downtown Economic Development Services
To authorize the City Manager to execute a contract with Downtown Durham, Inc. for Downtown Economic Development Services, in an amount not to exceed $148,048.00; and
To authorize the City Manager to modify the contract provided that the modifications do not increase the dollar amount and the modifications are consistent with the general intent of the contract.
(Resource Person: Kevin Dick — 4965) (Attachment #23 — 13 pages)
(PR# 6266) 24. Emergency Telephone System Maintenance Contract
To authorize the City Manager to execute an agreement with Carolina Telephone and Telegraph Company LLC d/b/a Embarq for a Telephone Maintenance Contract in the amount of $126,834.36 annually for three years payable from the Emergency Telephone System Surcharge fund; and
To authorize the City Manager to modify the agreement before execution provided that the modifications do not increase the dollar amount of the purchase price or decrease the amount of goods and/or services received.
(Resource Person: James Soukup — 4191) (Attachment #24 — 18 pages)
(PR# 6218) 25. Fire Station 15 CMAR Construction Services Amendment
To authorize the City Manager to negotiate and execute Amendment No. 2 with Balfour Beatty Construction for the construction of the Fire Station 15, if the final Guaranteed Maximum Price does not exceed $2,828,921.00;
To establish a project contingency of $425,000.00 (approximately 15%);
To authorize the City Manager to negotiate and execute change orders on the Fire Station 15 Project, provided the total project cost does not exceed $3,253,921.00, which is the full amount, budgeted for construction phase services plus the project contingency;
To increase the design contingency by $3,000.00; and
To authorize the City Manager to execute amendments to The G.H. Williams Collaborative professional services contract, provided the total amount does not exceed $109,600.00.
(Resource Person: Trish Creta — 4197 ext. 258) (Attachment #25 — 9 pages)
(PR# 6192) 26. Amendment to the Interlocal Agreement between the City of Durham and the County of Durham to Change the Name of the Durham Civic Center Authority to the Durham Convention Center Authority
To authorize the City Manager to execute the third amendment to the 1987 interlocal agreement between the City of Durham and the County of Durham to change the name of the Durham Civic Center Authority to the Durham Convention Center Authority; 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: Sharon DeShazo — 4197) (Attachment #26 — 4 pages)
(PR# 6226) 27. Five-Year Lease Agreement with Shaner Hotel Group Properties Two Limited Partnership at the Durham Convention Center
To authorize the City Manager to execute the lease with Shaner Hotel Group Properties Two Limited Partnership for space in the Durham Convention 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 agreement.
(Resource Person: David Fleischer — 4197 ext. 288) (Attachment #27 — 12 pages)
(PR# 6233) 28. Contract for Design Services, Lyon Park Upgrades
To authorize the City Manager to execute a contract for Professional Services for the Design of Lyon Park Upgrades with Kimley-Horn and Associates, Inc. in the amount of $39,000.00;
To authorize the City Manager to make changes to the contract before executing it if the changes do not increase the compensation to be paid by the City and do not decrease the goods and services to be provided to the City;
To establish a contingency in the amount of $6,000.00; and
To authorize the City Manager to negotiate and execute amendments on the contract for Professional Services for the Design of Lyon Park Upgrades, with Kimley-Horn and Associates, Inc., provided the total project cost does not exceed the amount budgeted for professional design services plus the contingency.
(Resource Person: Marilee Martin — 4197 ext. 285) (Attachment #28 — 42 pages)
(PR# 6242) 29. Fourth Amendment to DPAC Operating Agreement for Parking Voucher Program and Operation of City Volunteer Program
To authorize the City Manager to execute the Fourth Amendment to the DPAC Operating Agreement between the City of Durham and Durham Performing Arts, LLC, JN Worldwide, LLC and Professional Facilities Management, Inc.; and
To authorize the City Manager to make modifications to the agreement prior to execution so long as the modifications are consistent with the agreement.
(Resource Person: Harmon E. Crutchfield — 4197) (Attachment #29 — 10 pages)
(PR# 6274) 31. Annual Report — Development Review Board
To receive the 2008 Annual Report from the Development Review Board.
(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #31 — 3 pages)
(PR# 6225) 32. 2009 M/NC Joint Fugitive Task Force Grant Project Ordinance
To authorize the City Manager to accept the 2009 M/NC Joint Fugitive Task Force Grant by executing the grant documents; and
To adopt the 2009 M/NC Joint Fugitive Task Force Grant Project Ordinance, superseding Grant Project Ordinance #13752, in the amount of $7,800.00.
(Resource Person: Steve Mihaich — 4322) (Attachment #32 — 6 pages)
(PR# 6236) 33. The City of Durham and the N.C. State "Controlled Substance Excise Tax Funds" Grant Project Ordinance FY2007-2008 Superseding Grant Project Ordinance #13644
To authorize the City Manager to accept the City of Durham and the N.C. State "Controlled Substance Excise Tax Funds" Grant by executing the grant documents; and
To adopt the City of Durham and the N.C. State "Controlled Substance Excise Tax Funds" Grant Project Ordinance FY 2007/2008 superseding Grant Project Ordinance # 13644.
(Resource Person: Steve Mihaich — 4322) (Attachment #33 — 3 pages)
(PR# 6238) 34. Contract SD-2009-03 Stormwater Drainage Repairs and Improvements
To authorize the City Manager to execute a contract for SD-2009-03, Stormwater Drainage Repairs and Improvements, with Billings & Garrett, Inc. in the amount of $265,408.35;
To establish a contingency fund in the amount of $92,892.92 (35%);
To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $92,892.92 and the total project cost does not exceed $358,301.27; and
To authorize the City Manager be to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Person: Dana Hornkohl — 4326 ext. 246) (Attachment #34 — 4 pages)
(PR# 6231) 35. Contract ST-234: 2009 Street Repairs and Resurfacing
To authorize the City Manager to execute a contract for ST-234: 2009 Street Repairs and Resurfacing, with Triangle Grading and Paving, Incorporated in the amount of $4,929,476.75;
To establish a contingency fund in the amount of $1,232,369.19 (25%);
To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $1,232,369.19 and the total project cost does not exceed $6,161,845.94; and
To authorize the City Manager be to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Person: Edward R. Venable — 4326 ext. 233) (Attachment #35 — 8 pages)
(PR# 6235) 36. Laidlaw Transit Services Contract Amendment
To authorize the City Manager to execute an amendment to contract between City of Durham, North Carolina and Laidlaw Transit Services, Inc. for paratransit services; and
To authorize the City Manager be to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Person: Stephen A. Mancuso — 1535 ext. 209) (Attachment #36 — 8 pages)
(PR# 6237) 37. Municipal Agreements for Work Performed on State Highway System Streets
To authorize the City Manager to enter into four new Municipal Maintenance Agreements with NCDOT for: (1) Schedule "A" – Signs; (2) Schedule "B" – Markings and Markers; (3) Schedule "C" – Traffic Signals; and (4) Schedule "D" — Computer, Communications Equipment, and System Operations for Computerized Traffic Signal System; and
To authorize the City Manager to make minor modifications to the initial agreements provided the modifications do not change the dollar amounts in the agreements and are consistent with the general intent of the version of the agreements approved by the City Council.
(Resource Person: Philip M. Loziuk — 4366) (Attachment #37 — 38 pages)
(PR# 6248) 38. Amendment No. 1 — Professional Services On-Call Supplemental Agreement for the Design of the Fayetteville Road Phase II Extension
To authorize the City Manager to execute an amendment to the On-Call Supplemental Agreement No. 2 for Fayetteville Road Phase II Extension Design (Riddle Road/Buxton Drive Re-alignment), in the amount of $6,500.00; 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: Edward R. Venable — 4326 ext. 233) (Attachment #38 — 2 pages)
(PR# 6254) 39. ARRA (American Recovery and Reinvestment Act) — Municipal Agreements and Grant Project Ordinances for Surface Transportation Program Direct Attributable (STPDA) Projects to be Managed by the City of Durham
To authorize the City Manager to execute eighteen "Locally Administered Project" agreements with the North Carolina Department of Transportation having the descriptions as provided in Table 1 (Attachment C) using the agreement template (Attachment A);
To authorize the City Manager to modify the agreements provided that the changes do not increase the dollar amounts and the modifications are consistent with the intent of the agreements; and
To adopt the following eighteen Surface Transportation Program Direct Attributable Grant Project Ordinances in Attachment B.
1. ARRA NC 751 (Hope Valley Road) Sidewalks, $77,274.00
2. ARRA SR 1116 (Garrett Road) Sidewalks, $438,840.00
3. ARRA SR 1666 (Dearborn Drive) Sidewalks, $388,755.00
4. ARRA SR 1321 (Hillandale Road) Sidewalks, $500,000.00
5. ARRA US 40 Business (Hillsborough Road) and Markham Street Sidewalks, $477,500.00
6. ARRA Washington Street Sidewalks, $345,000.00
7. ARRA SR 1183 (University Drive) Sidewalks, $505,000.00
8. ARRA Third Fork Creek Trail Construction, $827,000.00
9. ARRA North-South Trail Resurfacing, $128,847.00
10. ARRA American Tobacco Trail Resurfacing, $228,450.00
11. ARRA American Tobacco Trail Resurfacing, $55,230.00
12. ARRA Renaissance Parkway and American Tobacco Trail Traffic Signal, $100,000.00
13. ARRA Northpointe Drive and Home Depot Traffic Signal, $200,000.00
14. ARRA Renaissance Parkway Southpoint Mall Traffic Signal, $200,000.00
15. ARRA William Penn and Ben Franklin Traffic Signal, $200,000.00
16. ARRA Miami Boulevard and Geer Street Intersection Reconstruction, $80,000.00
17. ARRA Urban Forestry and Landscaping, $75,900.00
18. ARRA Traffic Signal Upgrades, $179,918.00
(Resource Person: Ellen Beckmann — 4366) (Attachment #39 — 46 pages)
(PR# 6258) 40. North Carolina Department of Transportation Small Construction Program Project Priority List
To approve the priority ordered list of Proposed Small Construction Projects as provided in Table 1; and
To direct the administration to forward the list to the Division 5 Board of Transportation Member for funding consideration.
(Resource Person: Philip M. Loziuk — 4366) (Attachment #40 — 6 pages)
(PR# 6263) 41. Contract Amendment No. 1 — Contract ST-233, 2009 Street Repairs and Resurfacing
To authorize the City Manager to execute a contract amendment for ST-233, 2009 Street Repairs and Resurfacing in the amount of $100,000.00 increasing the total contract to $4,500,617.60; and
To authorize the City Manager be to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent of the existing version of the contract.
(Resource Person: Edward R. Venable — 4326 ext. 233) (Attachment #41 — 2 pages)
(PR# 6264) 42. ARRA (American Recovery and Reinvestment Act) — FY 2008-09 Budget Amendment and Grant Project Ordinances
To adopt an Ordinance Amending the Fiscal Year 2008-09 City of Durham Budget Ordinance, the Same Being Ordinance #13648;
To adopt the FY 2008-09 Transit Planning and Capital Grant Project Ordinance Superceding Grant Project Ordinance #13637 and Authorization to Execute Grant Agreement; and
To adopt the FY 2008-09 Transit American Recovery and Reinvestment Act (ARRA) Grant and Authorization to Execute Grant Agreement.
(Resource Person: Stephen Mancuso — 1535 ext. 209) Attachment #42 — 5 pages)
(PR# 6278) 43. This item can be found on the General Business Agenda.
44. On-Base Automated Contract Management, Approval and Tracking Workflow Solution
To authorize the City Manager to execute the contract with Information Access Systems, Inc. for an automated contract management, approval and tracking workflow system in the amount of $83,336.00.; and
To authorize the City Manager to modify the contract 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 contact. (Resource Person: Fred McCurdy — 4122 ext. 33223) (Attachment #44 — 18 pages)
(PR# 6209) 45. Automatic Vehicle Location System Purchase
To authorize the City Manager to execute a contract with CompassCom Software Corporation to purchase the Automatic Vehicle Location System in the amount of $119,111.00; and
To authorize the City Manager to modify the contract 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 contact.
(Resource Person: Marcus Bryant — 4122 ext. 33249) (Attachment #45 — 35 pages)
(PR# 6255) 46. This item can be found on the General Business Agenda.
47. Occupation Safety and Health Administration (OSHA) Citations Update and Resolution
To receive a report from Water Management regarding OSHA Citations and Penalties.
(Resource Person: Vicki Westbrook — 4381 ext. 266) (Attachment #47 — 3 pages)
(PR# 6247) 48. Contract WSR-3, Southern Reinforcing Main, Phase I
To authorize the City Manager to execute a contract with Park Construction of North Carolina, Inc. for Contract WSR-3, Southern Reinforcing Main, Phase I, in the total amount $3,357,113.13;
To establish a contingency fund for the contract in the amount of $671,422.63;
To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $671,422.63 and the total project cost does not exceed $4,028,535.76; 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 is consistent with the general intent of the version of the Contract approved by City Council.
(Resource Person: Tony K. Thomas — 4381) (Attachment #48 — 3 pages)
(PR# 6260) 50. This item can be found on the General Business Agenda — Public Hearings.
54 — 55. Those items can be found on the General Business Agenda — Public Hearings.
59. Revisions to Procedures for Appointing Citizens to Boards, Committees and Commissions
To approve revisions to the Procedures for Appointing Citizens to Boards, Committees and Commissions as recommended by the City Council Procedures Committee.
(Resource Person: D. Ann Gray — 4166) (Attachment #59 — 4 pages)
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