Today is the winter solstice

Today is the winter solstice, the shortest day and longest night of the year, after which the Northern Hemisphere slowly tilts back towards the Sun and the days grow longer.  I think sunsets are already getting later in the day again, but the cold nights still get longer up to the solstice.  Even with the rise of monotheist religions, there are still many major religious festivals in December, probably because of the solstice.  But many cultures at one time considered spring to be the beginning of the year. 

 

This also happens to be the anniversary of Joseph Vissarionovich Stalin's birth in Gori, Georgia, in 1879.  There is apparently some confusion in books I have read about whether the date was in early December and possibly in 1878, but the month is right.  This is just a short post, but if you want to know why Stalin is an important and positive figure, see the links at right, such as the articles on Stalin at www.allianceml.com.  Some of his works are online at www.marx2mao.com.     

Events for Moncure workers, Durham's homeless, and water quality and democracy

First is an announcement from a listserve:

 

STAND UP FOR WORKER JUSTICE AT MONCURE PLYWOOD, LLC, IN CHATHAM COUNTY !
 
Join a Faith, Labor and Community solidarity rally on Saturday, Dec. 20th at Noon at the Courthouse in Pittsboro on US 15-501.
 
Ø     Members of International Association of Machinists Union Local W.369 (IAM) have been out on strike since July, 2008.

Ø     The Company has demanded a 60 hour mandatory work week.

Ø     Prohibitive increases of 300-400% in workers' health premiums.

Ø     Cuts in pension benefits

Ø     An end to seniority and other union protections negotiated over the past 40 years since African American workers organized the union and got Latino and White workers to join.
 
Until the recent corporate buy outs of the family owned business, there were few grievances and no strikes. 
Nooses have been hung outside the plant to intimidate strikers. 
The company has sought to divide workers.
Moncure Plywood has been cited for health and safety violations. 
The National Labor Relations Board has just cited Moncure with unfair labor practices.
 
We cannot let this company destroy a union and throw workers out on the street.  We must tell the Moncure management and their owners that our community will not tolerate companies that treat their workers unjustly.  Demand the company and its investment banker owners return to the bargaining table and negotiate a decent and fair contract.
 
Here is what you can do to bring justice to the Moncure Workers, our neighbors and friends: 
 
v    Call Moncure CEO Richard Yarborough at (360) 432-5004, and Atlas Holdings owner and investment banker Tim Fazio at (203) 622-0207.

v    Send contributions to the workers who are deeply in debt, and struggle to meet mortgage payments and their electricity, water and food bills. Make  checks payable to IAM Local Lodge 369 and mail to IAM at P.O.. Box 318, Moncure NC 27559.

v    Come to the Dec. 20th Rally at noon at Pittsboro's courthouse.

v    Come to the Picket Line to support to the strikers. 306 Corinth Road, Moncure, NC 27559
 
For more information, call (919) 968-1888 or (919) 370-4114.
 
¡Sí se puede!

 

Vigil for homeless people who died this year in Durham

 

The vigil to remember 10 people will be Sunday the 21st at 5:30 at City Hall Plaza.  For more information see www.durhamtenyearplan.org. 

 

Oppose Durham County's proposal to let a developer define his project out of Jordan Lake

 

For more information, see www.indyweek.com/gyrobase/Content?oid=oid%3A272431 and www.indyweek.com/gyrobase/Content?oid=oid%3A271898, an earlier article which includes a map.  The County Commissioners recently decided to accept a survey of Jordan Lake's boundary conducted by a developer who wants to build a massive commercial and residential development (751 Assemblage) along New Hope Creek near the corner of 751 and Stagecoach Road a little south of Southpoint Mall.  The BOCC did this on the grounds of saving money, despite the conflict of interest, other spending they did approve, and the impact this development will have on the Lake's already poor water quality. Opponents are asking that people contact Julie Ventaloro, the State Division of Water Quality official who has authority on this issue. Her email is Julie.Ventaloro@ncmail.net and she can be reached by mail at

NC DENR-DWQ
Wetlands and Stormwater Branch
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center Raleigh, North Carolina  27699-1617

She will decide soon, and I have heard that it is likely that she will question the proposal, rather than reject it.  People also need to write letters to the editor and guest editorials and contact the media, especially in Durham, so the public knows what the majority on the BOCC is trying to do.  There have already been some letters.     

Bill of Rights Day events and union victory in Tar Heel

 

The Chapel Hill and Carrboro governments will make Bill of Rights Day proclamations Monday at 12 and Peace and Justice Plaza, in front of the post office on Franklin Street, opposite UNC.  There will be a reading of the first 10 amendments to the Constitution ad a speech by State Senator Ellie Kinnaird in remembrance of Joe Herzenberg.  I think this was sponsored by the Orange County BORDC.    

 

The Durham City Council is meeting Monday evening.  The City Bill of Rights Defense Resolution will be renewed, but does not appear on the minutes, unless it goes under Ceremonial Items.  

 

There is an item on the agenda about an agreement with Cary on the limits to annexation.  Cary isn't very far from Durham County's southeast corner and there are Stop Cary signs on Wake Road.  Massive development has totally reshaped the formerly rather lonely piney rural area south of where Alston used to meet O'Kelley Church Road.  Deer, turkeys, copperheads, and other wildlife used to be visible along that end of O'Kelley, where there was a private hunting reserve.  Now there are few trees, massively graded developments, and sedimentation.  The roads have been moved around and renamed so that it is easy to get lost.  It is hard to see stop signs while trying to figure out where you are on the four lane yet pretty empty roads.  Going towards Durham from Kit Creek (the waterway, not the Kitt Creek development) there is such a wide paved area over on the right that drivers wonder if they are on the wrong side of the road.  I've been wondering what happens when houses out in the country are annexed by Cary - do they have to follow the Cary appearance rules, and get rid of any livestock? 

 

Below the agenda is a UFCW press release - the workers at the Smithfield Foods plant in Tar Heel, probably still the largest in the world, have voted to unionize! 

 

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. Human Relations Commission — Receive and Accept Applications

To receive and accept applications for a citizen to fill two (2) vacancies on the Human Relations Commission for one (1) Minority Male (term expires on June 30, 2009) and one (1) Non-Minority Male (term expires on June 30, 2010).

(Due to the resignations of Larry Holt and Steve Benkin)

(Resource Person: Laverne V. Brooks — 4166) (Attachment #1 — 6 pages) (PR# 5722)

2. Piggyback Purchase — Three (3) Tandem Axle Cab & Chassis

To authorize the City Manager to enter into a contract with International Truck and Engine Corporation, in the amount of $217,943.00 for providing the City with three Tandem Axle Cab & Chassis; and

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

(Resource Persons: Joseph W. Clark — 4132 and Paul Koch — 4101) (Attachment #2 — 5 pages) (PR# 5718)

3. Sole Source Purchase — Tasers®

To approve the purchase of TASERS® without competitive bidding as authorized by G.S. 143-129 (e) (6) "on the grounds that the product is available from only one source of supply";

To authorize the City Manager to enter into a contract with Lawmen's Safety Supply Inc., in the amount of $176,842.00 for providing the City with 125 TASER® X26 devices and accessories; 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 Lt. Jon Shelton — 4322) (Attachment #3 — 5 pages) (PR# 5719)

4. Bid Report — October 2008

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

(Resource Persons: Joseph W. Clark and Lynette McRae — 4132) (Attachment #4 — 5 pages)(PR# 5721)

5. 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 #5 — 2 pages) (PR# 5717)

6. Contract Amendment No. 1 for Janitorial/Cleaning Services at Fire Department Administration Building

To authorize the City Manager to execute a contract amendment for janitorial cleaning services with Mother/Daughter Cleaning Service, Durham, NC in the amount of $2,100.00 for the Fire Department Training Trailer/Classroom; and

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

(Resource Person: Bruce T. Pagan, Jr. — 4242) (Attachment #6 — 5 pages) (PR# 5723)

7. Design Services Agreement for Building Assessment of City Owned Commercial Properties at Five Points (101, 105, 107 and 109 East Chapel Hill Street and 104 and 106 Morris Street)

To authorize the City Manager to execute a design services agreement with BJAC, PA in the amount of $51,000.00 for the purpose of conducting a building assessment for the City-owned building at 101, 105, 107 and 109 East Chapel Hill Street and 104 and 106 Morris Street; 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: Lori Blake-Reid — 4197) (Attachment #7 — 17 pages) (PR# 5726)

8. Amendment Number One to Lease at Central Medical Park (Offices of Risk Management and Employee Health Services)

To authorize the City Manager to execute the Amendment Number One to lease agreement with Windrose Central Medical Properties, LLC; and

To authorize the City Manager to make changes to the Amendment provided the changes do not increase the lease rate or term, or change the intent of the agreement.

(Resource Person: David Fleischer — 4197) (Attachment #8 — 7 pages) (PR# 5714)

9. Contract for Imagine Durham, A Results Based Accountability Initiative

To authorize the City Manager to enter into a Contract for Imagine Durham, a Results Based Accountability Initiative between the City of Durham, Durham County and Triangle United Way for January 1, 2009 through June 30, 2012, with a current fiscal year cost of $20,071.50 and future fiscal year amounts subject to annual appropriation; and

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

(Resource Person: Julie Brenman — 4222) (Attachment #9 — 14 pages) (PR# 5684)

11. Capital Project Ordinance Amendment to Increase Funding for Rock Quarry Park Field Renovation

To adopt an ordinance amending the Capital Project Ordinance 2008-09, as amended, the same being Ordinance #13632, for the purpose of increasing the funding of the Athletic Field Renovation project by $695,000.00 and decreasing the funding of the Northern Athletic Park project by $695,000.00.

(Resource Person: Beth Timson — 4355) (Attachment #11 — 8 pages) (PR# 5715)

12. Authorization of Contract with Kimley-Horn & Associates (KHA) for the Development of the its Strategic Deployment Plan

To authorize the City Manager to execute a contract for $376,118.62 with KHA for the development of the ITS Strategic Deployment Plan;

To authorize the City Manager to executed minor amendments and extensions as provided for in the contract; and

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

(Resource Person: Felix Nwoko — 4366) (Attachment #12 — 55 pages) (PR# 5728)

13. Setting a Public Hearing to Consider an Ordinance Establishing an Annexation Agreement between Cary and Durham for the Mutual Boundary Line between these two Municipalities

To adopt a resolution setting a public hearing for January 5, 2009, for an ordinance establishing an annexation agreement between Cary and Durham for the mutual boundary line between these two municipalities and other related matters.

(Resource Person: Nancy Newell — 4381) (Attachment #13 — 3 pages) (PR# 5713)

14. Contract SR-44, Chapel Hill Street Outfall

To authorize the City Manager to execute a contract with Seaside Environmental Constructors Inc for construction services for the SR-44 Chapel Hill Street Outfall in the total amount $692,357.00;

To establish a contingency fund for the contract in the amount of $138,471.40;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $138,471.40. The total project cost including change orders does not exceed $830,828.40; 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: James E. Harding — 4381) (Attachment #14 — 3 pages) (PR# 5711)

15 — 16. These items can be found on the General Business Agenda Public Hearings.

[General Business Agenda - Public Hearings]

15. Merchandise-Based Retail Incentive Grant Contracts with Prestige Automotive Repair Services, Inc., Kishan Enterprises Inc. and Superlative Fine Foods, LLC

To conduct a public hearing and receive public comments on the proposed Economic Development Incentives per GS 158-7.1;

To authorize the City Manager to execute an economic incentives contract with in Prestige Automotive Repair Services, Inc. in the amount of $7,500.00;

To authorize the City Manager to execute an economic incentives contract with Kishan Enterprises Inc. in the amount of $7,500.00;

To authorize the City Manager to execute an economic incentives contract with Superlative Fine Foods, LLC in the amount of $7,500.00; and

To authorize the City Manager to make modifications to these contracts so long as the modifications do not increase the dollar amount or decrease the obligations of the contracting party.

(Resource Person: Chris Dickey — 4965) (Attachment #15 — 40 pages) (PR# 5725)

16. Street Closing — 75 Linear Feet of Cooke Street (SC0800013)

To Conduct a public hearing on the permanent closing of 75 linear feet of Cooke Street, north of Elba Street and southwest of NC 147; and

To adopt an Order permanently closing 75 linear feet of Cooke Street.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment # 16 — 8 pages)(PR# 5716)

[Supplimental Items]

18. Street Closing — 295 Linear Feet of Sumter Street (SC0800007)

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

To adopt an Order permanently closing 295 linear feet of Sumter Street.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #18 — 11 pages)(PR# 5741)

19. Street Closing — 1,067 Linear Feet of Maxwell Street (SC0800008)

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

To adopt an Order permanently closing 1,067 linear feet of Maxwell Street.

(Resource Person: Steven L. Medlin, AICP — 4137 ext. 223) (Attachment #19 — 11 pages)(PR# 5742)

[Adjournment]

 

December 11, 2008
 
WORKERS AT THE WORLD'S LARGEST MEATPACKING PLANT CHOOSE UNION REPRESENTATION
 
Tar Heel, N.C. – Workers at Smithfield Packing in Tar Heel, North Carolina, chose union representation with the United Food and Commercial Workers International Union (UFCW).  Workers voted 2041 to 1879 for a voice on the job.
 
"When workers have a fair process, they choose a voice on the job," said UFCW Director of Organizing Pat O'Neill. "This is a great victory for the Tar Heel workers. I know they are looking forward to sitting down at the bargaining table with Smithfield to negotiate a contract. The UFCW has constructive union contracts with Smithfield plants around the country. Those union contracts benefit workers, the company and the community. We believe the workers here in Tar Heel can achieve a similar agreement."
 
Ronnie Ann Simmons, a veteran of 13 years at the plant said, "We are thrilled. This moment has been a long time coming. We stuck together, and now we have a say on the job." 
 
Workers at 26 Smithfield-owned facilities around the country already have UFCW representation.
 
###
 
 
The UFCW represents more than 1.3 million members in the U.S. and Canada, including 250,000 workers in the poultry and meatpacking industries.

Wednesday is Human Rights Day

Wednesday is the 60th anniversary of the Universal Declaration of Human Rights (online at www.un.org/Overview/rights.html), ratified by the UN General Assembly in 1948. The US government acts like it is the armed guardian of human rights, for example, Tuesday afternoon the ambassador to Zimbabwe was threatening that country with invasion, yet Americans don't even have as many rights as people in other capitalist countries. The treatment of "enemy combatants" and domestic prisoners violates Article 5, on torture and degrading treatment.  Article 7 is violated when immigrants and others are not treated equally before the law.  I think Article 21 is violated by North Carolina's ballot access law, though the Article does not explicitly say people have the right to vote for the party of their choice, it does say everyone has the right to run for office.  Article 23 says everyone has the right to join a union, which NC denies to public workers by law.  The sham "War on Terror" certainly isn't conducive to an international order that respects human rights, violating Article 28.  This isn't even a complete list.  Unfortunately Articles 29 and 30 seem to say that people cannot rise up to get their rights, but then, this is a capitalist document, even if it is progressive in many respects.  One problem is that classes vary in their power and have irreconcilable interests, yet supposedly the few and powerful capitalists and the many and oppressed workers are equal, and the government is a neutral balance between them.   

 

Wednesday the workers at Smithfield Foods' hog processing plant in Tar Heel will exercise their right to vote on unionization, in a National Labor Relations Board-supervised election.  The United Food and Commerical Workers lost the last elections, and after the 1997 election management, its deputized security, and the local sheriff department attacked the workers (see www.allianceml.com/paper/2006/spring_march/smithfieldfiring2.htm).        

 

At least 6 people from the Durham Bill of Rights Defense Committee attended the County Commissioners meeting Monday for the renewal of the County's Bill of Rights Defense Resolution.  Victoria Peterson, who is not a member, spoke about the need to consider the rights of the hundreds of County prisoners and about 4000 on probation or parole and the need for vocational training.  Joan Walsh accepted the Resolution for the group and spoke on the need to protect the rights of everyone in Durham, regardless of immigration status, and noted that every American is a descendant of immigrants.  Next Monday evening the City Resolution will be renewed, on Bill of Rights Day.   

Adam & Eve store controversy

A few weeks ago I heard about opposition to the Adam & Eve store (www.adamevestores.com) being built at the northwest corner of Highway 54 and Fayetteville Road, and it got a higher profile this weekend, with coverage in the Herald Sun and the News & Observer (which I notice linked to the petition but not the store's website, where people could judge the company for themselves).  I was wondering what that little building was for.  It does have large windows on a busy intersection, but other than that, I don't see what the fuss is about.  The online petition (www.petitiononline.com/savesdur/petition.html), now with 1316 signatures, says nearby "family oriented" communities are being infiltrated.  It is a major intersection, and teens walk by (much of the way on a highway without sidewalks), but it is a completely commercial area.  I assume that many of the opponents wish the company did not exist, or was at least hidden away somewhere, for moral reasons.  In the N&O, the petiton writer says Adam & Eve is putting its "value system" in the face of the community, but how do we know that the community doesn't buy this type of merchandise?  There have to be limits and the company is about the capitalist commercialization of sex, but I don't think sex is a dirty or shameful subject in itself, so these stores have their place in society.  From what I've heard, Adam & Eve, which is based in Hillsborough, is not much more than a lingerie store, so I don't see a big problem.  Opponents should have started sooner, because the store was almost done by the time they spoke out, and officials say that Adam & Eve is not an "adult establishment," so it has the correct zoning anyway.  I notice that the store still has some trees in back, and that sets a better example than the other developments on the intersection, assuming the trees are on Adam & Eve's property.  The newest development, next to Crooked Creek, moved or demolished a few houses, filled a large farm pond, and cut the few trees that were there, but now nothing is being built.        

County Bill of Rights Defense Resolution Renewed Monday

The County Comissioners will endorse a new version of the 2003 Bill of Rights Defense Resolution at the meeting on Monday.  The next meeting of the Durham BORDC will be January 10th at 2:30 in the Main Library's third floor conference room.  The City's Resolution will be renewed on the 15th, Bill of Rights Day.  Human Rights Day s next Wednesday. 

 

In related news, NC Stop Torture Now is meeting for December at 2pm this Sunday at the Unitarian Universalist Fellowship in Raleigh and the next anti-torture vigil at the Johnston County Airport will be on the 13th at 2pm, at the intersection of Business 70 and Swift Creek Road. 

 

In case anyone missed the signs, the TSF meeting Thursday evening had to be moved to 7:30 at The Peoples Channel because a last minute budget cut has forced the Chapel Hill Public Library to close at 6 on Thursdays, instead of 9.  That irritated some patrons who came by, expecting the Library to be open.   

 

---

           [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, December 8, 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.

a.       November 10, 2008 Regular Session

b.      December 1, 2008 Worksession

 

5.     Board of County Commissioners Comments

                                                                                                                                                     15 min.

Members of the Durham County Board of Commissioners were sworn into office on Monday, December 1, 2008.  Commissioners have asked for a period of personal reflection as the new term begins.

 

Resource Person(s): Michael D. Page, Chairman, Durham Board of Commissioners

 

County Manager's Recommendation: The Manager's recommendation is that the Board members take time for personal reflections.

6.    Recognition of the Herndon Foundation and Family—Budget Ordinance Amendment No. 09BCC000035—Durham County Library

                                                                                                                                                       5 min.

The Board is requested to recognize the Herndon Foundation for its contribution to the Durham County Library and approve Budget Ordinance Amendment
No. 09BCC000035.  The Herndon Foundation gave Durham Library Foundation $100,000 for a special project to enhance the South Regional Library while honoring the life of Mary Herndon and celebrating children, books, and learning.  The project will be to create art on the exterior of South Regional Library.  The library is contracting with Janet Kagan to work with an Art Selection Committee designated by the Library Board of Trustees to select and approve the art work.  In addition, the total project will cover the artist's costs of design, fabrication, and installation of the art.  At this time, we wish to accept the first installment of this donation in the amount of $50,000.  A second and final installment will be made in Fiscal Year 2010.

 

Resource Person(s): Hampton (Skip) Auld, Library Director

 

County Manager's Recommendation:  The County Manager recommends that the Board recognize the Herndon Foundation for its contribution and approve Budget Ordinance Amendment No. 09BCC000035 in the amount of $50,000 to enhance the South Regional Library with artwork that will honor the life of Mary Herndon and celebrating children, books, and learning.

 

7.     Resolution Honoring the Life of James E. Fields Sr.

                                                                                                                                                       5 min.

For many years, Durham County citizens watched Board of County Commissioners meetings on local cable access Channel 8, thanks to the videotaping services of
Mr. James E. Fields.  Mr. Fields voluntarily began taping Durham County Board meetings and delivering tapes to Time Warner Cable for airing in the early 1980's.  Ultimately, he became a valued contractor, continuing to tape meetings, special events, and to photograph various activities.

 

Mr. Fields passed on November 24, 2008 and a resolution has been prepared for the Board's approval.

 

Resource Person(s): Michael D. Page, Chairman, Durham Board of Commissioners

 

County Manager's Recommendation: The Manager's recommendation is that the Board approve the resolution and present to the family of Mr. James E. Fields Sr.

 

8.     Bill of Rights Defense Resolution

                                                                                                                                                       5 min.

The Board is requested to reaffirm its support of civil rights and liberties contained in the Bill of Rights of the United States Constitution.  The original resolution was approved by the Board of County Commissioners in 2003.

 

Resource Person(s): Joan Walsh, Chairman, Durham Bill of Rights Defense Committee

 

County Manager's Recommendation: The Manager's recommendation is that the Board approve the resolution and present to Ms. Walsh and the Durham Bill of Rights Defense Committee.

 

9.     Recognition of EMS Employee Kathy Mellown for Recent Award

                                                                                                                                                       5 min.

On Monday, October 27, Kathy Mellown, certified paramedic and special program coordinator for Durham County's Emergency Medical Services (EMS), was awarded the Child Passenger Safety Committee Award by the North Carolina Governor's Highway Safety Program.  The Child Passenger Safety Committee Award, given in recognition of outstanding leadership in child passenger safety and for the dedication to the safety of children in North Carolina, is awarded annually. 

 

Ms. Mellown has served on the North Carolina Child Passenger Safety Committee for three years.  She chaired the committee in 2008, and has been asked to return for an additional three-year commitment to the committee. 

 

Ms. Mellown, employed 18.5 years with Durham County EMS, is in charge of the three permanent car seat checking stations in Durham County.  Stations are official locations for parents to meet with certified technicians that ensure proper installation of car seats.  Technicians evaluate installation of car seats and also provide car seat education to parents.

 

Resource Person(s): Mike Smith, Director, EMS, or M. Kevin Wilson, WMD Coordinator, EMS

 

County Manager's Recommendation: The Manager's recommendation is that the Board recognize the outstanding contributions of Kathy Mellown to Durham County and the great state of North Carolina.  The Chair of the Durham County Board of Commissioners is asked to re-present the award to Ms. Mellown.

 

10.   Consent Agenda

                                                                                                                                                     20 min.

a.   Lowes Grove Middle School—Utility Easement (approve the Duke Energy Carolinas Right-of-Way Agreement and authorize the Manager to execute the agreements);

b.   Budget Ordinance Amendment No. 09BCC000033—Cooperative Extension—Recognize $9,950 in Grant Funding from NC State University's Office of Extension Engagement and Economic Development to support the implementation of Parenting for Effective Teens: Building Family Support and Community Capacity for our Youth (PET) through June 30, 2009;

c.   Triangle United Way Inc.—Service Contract Approval for Imagine Durham, an RBA Initiative (authorize the Manager to enter into a contract with Triangle United Way Inc. in the amount of $30,000 to provide RBA Initiative administration and coordination);

d.   Budget Ordinance Amendment No. 09BCC000036—Public Health—Recognize One-Time Funds in the amount of $3,000 from the N.C. Department of Health and Human Services for the Immunization Clinic;

e.   Budget Ordinance Amendment 09BCC000037—Department of Social Services—Fund Balance Appropriation in the amount of $272,006 for Additional At-Risk Case Management Services;

f.    Extension of the 2009 Listing Period for Business Personal Property (authorize the Tax Assessor to grant extensions until April 15, 2009 to taxpayers who request an extension and show good cause during the month of January 2009 and file by means of the counties electronic listing of business personal property; and grant extensions until March 15, 2009 to all other taxpayers who request an extension and show good cause during the month of January 2009);

g.   Cooperative Extension—To Increase the Work Percentage for an Extension Agent Position with the Strong Couples Strong Children (SCSC) Project (approve the FTE increase for position number 40000917 from .49 to .62 FTE);

h.   Budget Ordinance Amendment No. 09BCC000038—Economic Development—Pass-Through of $500,000 in One NC Funds from State of North Carolina to Quintiles Transnational Corporation;

i.    Approve the Durham Board of County Commissioners' 2009 Meeting Schedule;

j.    Reset the Register of Deed's salary at $112,000;

k.   Request for Lease Extension for the Scarborough & Hargett Funeral Home (extend the lease through June 30, 2009 at a rate of $9,250 per month);

l.    Execution of Architectural Design Service Contract with MHAworks for the Criminal Justice Resource Center Renovation—Project No.: DC082 (authorize the execution of the contract for the Phase II Renovation of the Criminal Justice Resource Center and Sheriff's Offices, in the amount of $275,000 plus additional services and reimbursable expenses at $ 112,800, thus totaling $387,800);

m.  South Regional Library—Right-of-Way and Easement Dedication and Plat (approve the right-of-way and easement dedications and corresponding Final Plat that will be recorded in the Durham County Register of Deeds Office);

n.   Approve the Reimbursement Resolution for the South Regional Library, Southwest Library, and Civic Center Projects;

o.   Budget Ordinance Amendment No. 09BCC000039—Cooperative Extension—Recognize $17,893 in Additional Funding from the Juvenile Crime Prevention Council for community base JCPC Programs;

p.   Criminal Justice Partnership Act Advisory Board (CJPAAB) (approve CJPAAB's recommended appointment of John Fitzpatrick—Criminal Defense Attorney); and

q.   Capital Project Amendment No. 09CPA000012—Southwest Branch Library Project (DC075) and Execution of the Construction Contract for the Southwest Regional Branch Library Building—Project No.: DC075-67, Bid No: IFB 09-013 (authorize a $3,300,000 appropriation to the Southwest Regional Library project for a total project budget of $6,664,504; enter into a contract with The Resolute Building Company Inc. [TRBC] for the construction of the addition and renovation to the Branch Library located on 3605 Shannon Road, Durham, in the amount of $3,747,104 [Base Bid Plus Alternates 1,3,4, & 5]; execute any other related contracts including change orders, if necessary, not to exceed the available construction budget of $4,309,170; funding for this project will come from a COPS financing loan; any General Fund funds spent towards these projects will be reimbursed once loan funds are secured).

 

11.   Transportation Options for the 2035 Long Range Transportation Plan

                                                                                                                                                     35 min.

Every four years the Durham Chapel Hill Carrboro Metropolitan Planning Organization (DCHC MPO) updates the Long Range Transportation Plan (LRTP).  The 2035 LRTP will list the highway, transit, bicycle, and other transportation projects and services that should be implemented between 2008 and 2035.  The projects must demonstrate the best method of meeting the expected transportation demand, within the limits of the revenue available to pay for the projects and services.  Transportation projects and services must be in the LRTP in order to receive state and federal funding.  As the funding becomes available, projects from the LRTP will be added to the Transportation Improvement Program (TIP).  The development of the LRTP includes an ongoing program to inform and involve the governing bodies.  This presentation is a part of that effort.

 

County Manager's Recommendation: Receive the 2035 LRTP Transportation Options Presentation.

 

12.   Board and Commission Appointments

                                                                                                                                                     10 min.

Vonda Sessoms, Clerk to the Board, will distribute ballots to the Board to make appointments to the following boards and commissions:

 

·      Animal Control Advisory Committee

·      Boxing & Wrestling Commission

·      Criminal Justice Partnership Act Advisory Board

·      EMS Council

·      Nursing Home Community Advisory Committee

·      Open Space & Trails Commission

·      Public Health Board

·      Raleigh-Durham Airport Authority

 

Resource Person(s): Vonda Sessoms

 

County Manager's Recommendation: The County Manager recommends that the Board of County Commissioners vote to appoint members to the above-mentioned boards/commissions.

                                                                                                                                                            _____

                                                                                                                                                             2 hrs.

Human Rights Week December 3-14

There are forums and other events planned each day of Human Rights Week in Carrboro and Chapel Hill on different subjects, such as workers' rights.  The last event is a people's assembly.  For the calendar, see www.humanrightscities.org.  I think a human rights resolution is being endorsed by the Chapel Hill town council tonight.  The anniversary of the UN's 1948 Universal Declaration of Human Rights is the 10th.     

 

The Triangle Socialist Forum on the recession and bailouts is Thursday evening at the Chapel Hill Public Library.   

City Council meeting Monday

The agenda for Monday night was posted early at www.durhamnc.gov/agendas/.  A lot of it is about appointments, contracts, and street closings, but there are also amendments to the Unified Development Ordinance regarding "conservation subdivisions" and other items and a proposal to exempt short-term and part time City workers from the living wage ordinance, on the grounds that fewer people will be employed if the wages are livable.    

 

At a working meeting of the BOCC on Monday the chair and vice-chair will be decided upon. 

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 October 20, 2008 and November 3, 2008 City Council Meetings; and

To approve City Council action taken at the October 9, 2008 and October 23, 2008 City Council Work Sessions.

(Resource Person: D. Ann Gray - 4166) (PR# 5650)

2. Human Relations Commission - Appointments

To appoint Regenna Rouse-Hasan and Melessia F. Cozart to the Human Relations Commission as Minority Females with terms to expire on June 30, 2010.

Note: At the Work Session on November 20, 2008, Ms. Rouse-Hasan and Ms. Cozart received seven (7) votes.

(Resource Person: LaVerne V. Brooks - 4166) (Attachment #2 - 5 pages) (PR# 5693)

3. Durham Board of Adjustment - Appointment

To appoint Henry D. Blinder as an Alternate Member to the Durham Board of Adjustment with the term to expire on June 30, 2009.

Note: At the Work Session on November 20, 2008, Mr. Blinder received seven (7) votes.

(Due to the resignation of Paul Arena)

(Resource Person: LaVerne V. Brooks - 4166) (Attachment #3 - 3 pages) (PR# 5694)

4. Street Closing - 1,656 Linear Feet of Lemur Lane (SC0800012)

To adopt a Resolution to set a public hearing on the proposed closing of 1,656 linear feet of Lemur Lane for January 5, 2009.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #4 - 5 pages) (PR# 5659)

5. 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 #5 - 4 pages) (PR# 5692)

6. Overtime Compliance Audit - October 2008

To receive and accept the Overtime Compliance Audit dated October 2008 as presented and approved at the October 27, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel - 4213 ext. 246) (Attachment #6 - 14 pages) (PR# 5660)

7. Mortgage Loan Portfolio Quarterly Report First Quarter, FY2009

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

(Resource Person: Julie Quinn - 4570 ext. 248) (Attachment #7 - 6 pages) (PR# 5623)

8. Golden Belt Neighborhood Revitalization Proposal and Report

To receive a report prepared by Urban InSite on Golden Belt Neighborhood Revitalization Efforts.

(Resource Person: Larry Jarvis - 4570) (Attachment #8 - 22 pages) (PR# 5690)

9. Community Development Block Grant (CDBG) Subrecipient Contract with Edgemont Neighborhood, LLC for 1005 Morning Glory Avenue

To authorize the expenditure of up to $40,000.00 in Community Development Block Grant (CDBG) funds;

To authorize the City Manager to execute a CDBG Subrecipient Contract with Edgemont Neighborhood, LLC in an amount up to $40,000.00 for the purchase of 1005 Morning Glory Avenue; and

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

(Resource Person: Larry Jarvis - 4570) (Attachment #9 - 25 pages) (PR# 5698)

10. Permanent Community Housing Development Organization (CHDO) Loan Agreement between the City of Durham and Volunteers of America (VOA) Durham Life House, Inc.

To authorize the expenditure of $240,000.00 in HOME CHDO funds;

To authorize the City Manager to execute a Community Housing Development Organization (CHDO) Loan Agreement and related documents with Durham LIFE House, Inc. in the amount of $240,000.00 at an interest rate of 0%, forgivable over 30 years; and

To authorize the City Manager to modify the loan 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: Shepherds Smith - 4570 ext. 227) (Attachment #10 - 59 pages) (PR# 5691)

12. Amendment to the City of Durham Employment and Training 2008-2010 Grant Project Ordinance #13695

To authorize the City Manager to accept the Employment and Training Grant by executing the grant documents; and

To adopt the Employment and Training Grant Project Ordinance FY 2008-2010 in the amount of $1,505,203.00 superseding Grant Project Ordinance #13695.

(Resource Person: Kevin Dick - 4965 ext. 219) (Attachment #12 - 5 pages) (PR# 5704)

13. Community Development Block Grant Agreement (CDBG) Subrecipient Contract with Lewis and Clark Community Development, LLC

To authorize the expenditure of $177,000,000.00 in Community Development Block Grant (CDBG) funds;

To authorize the City Manager to execute a CDBG Subrecipient contract with Lewis and Clark Community Development, LLC for an amount up to $177,000.00 to renovate 801 Gilbert Street into a small business incubator; 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: Chris Dickey - 4965 ext. 204) (Attachment #13 - 38 pages) (PR# 5701)

14. Contract between the City of Durham and Sports & Properties, Inc. to Sell Minor Naming Rights for the Durham Performing Arts Center

To authorize the City Manager to execute a minor naming rights contract for the Box Office with Duke Energy in the amount of $75,000.00;

To authorize the City Manager to make modifications to the contract so long as the modifications do not decrease the dollar amount to be received nor increase the services to be provided by the city;

To authorize the City Manager to execute a minor naming rights contract for the Orchestra Concessions Area - West with KeySource Bank in the amount of $7,500.00;

To authorize the City Manager to make modifications to the contract so long as the modifications do not decrease the dollar amount to be received nor increase the services to be provided by the city;

To authorize the City Manager to execute a minor naming rights contract for the Box Office Manager's Office with Jim Stewart family in the amount of $25,000.00; and

To authorize the City Manager to make modifications to the contract so long as the modifications do not decrease the dollar amount to be received nor increase the services to be provided by the city.

(Resource Person: Alan DeLisle - 4965 ext. 212) (Attachment #14 - 16 pages) (PR# 5699)

15. Amendment to Interlocal Tax Agreement - Heavy Equipment Rental

To authorize the City Manager to execute the first amendment to the Interlocal Agreement for collection of taxes between Durham County and the City of Durham.

(Resource Person: John J. Allore - 4510) (Attachment #15 - 5 pages) (PR# 5679)

16. Design Contract Amendment for General Services Bundle

To adopt a Resolution Exempting the General Services Bundle project from G.S. 143-64.31;

To authorize the City Manager to execute a contract amendment to the Professional Services Agreement for the General Services Bundle with Roughton, Nickelson, De Luca Architects, PA in an amount not to exceed $83,513.00 so that the total contract amount will not exceed $511,113.00;

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

To increase the project contingency for design from the originally authorized amount of $42,000.00 in the amount of $15,270.00 to a total of $57,270.00; and

To authorize the City Manager to negotiate and execute change orders on the General Services Bundle project provided the total contract amount does not exceed $568,383.00.

(Resource Person: David Rossetti - 4197 ext. 234) (Attachment #16 - 12 pages) (PR# 5654)

17. Amendment to the Minimum Livable Wage Ordinance

To adopt an Ordinance Amending Sections 18-19,18-20, 18-21 and 18-23 of the Durham City Livable Wage Ordinance in order to exempt those performing full and part time duties that are not substantially similar to full time positions and to make the Durham City and Durham County livable wage rates equal.

(Resource Person: Alethea C. Bell - 4214) (Attachment #17 - 6 pages) (PR# 5649)

18. Amendments to Interlocal Agreement between the City of Durham and Durham Public Schools Board of Education for the Renovation and Use of the Holton Center

To authorize the City Manager to execute the first and second amendments to the Interlocal Agreement between the City and Durham Public Schools Board of Education for the Holton School Renovation.

(Resource Person: Karmisha R. Wallace - 4222 ext. 228) (Attachment #18 - 7 pages) (PR# 5703)

19. Water Extension Agreement with JWH Properties, Inc.

To authorize the City Manager to enter into a water extension agreement with JWH Properties, Incorporated to serve Alexander Village Phase II; and

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

(Resource Persons: Edward R. Venable and Robert N. Joyner - 4326) (Attachment #19 - 10 pages) (PR# 5485)

20. Contract FR-2, Filter Belt Press Rehabilitation, North Durham Water Reclamation Facility

To authorize the City Manager to execute a contract with Ashbrook Simon-Hartley Operations, LP for Contract FR-2 - Filter Belt Press Rehabilitation in the amount of $534,340.00;

To establish a contingency fund for Contract FR-2 of $50,000.00;

To authorize the City Manager to negotiate change orders for Contract FR-2 provided that the cost of all change orders does not exceed $50.000.00 and the total project cost does not exceed $584,340.00; and

To authorize the City Manager to make changes to the contract before execution provided the changes do not increase the amount to be paid by the City and do not decrease the goods and services to be provided to the City.

(Resource Person: Donald F. Greeley - 4381) (Attachment #20 - 2 pages) (PR# 5546)

21. Resolution Supporting Regional Conservation Work Group Recommendations for Year-Round Water Conservation Measures

To adopt a Resolution supporting Regional Conservation Work Group Recommendations for Year-Round Water Conservation Measures.

(Resource Person: Reginald Hicks - 4381) (Attachment #21 - 8 pages) (PR# 5695)

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

[General Business Agenda]

Assessments and Improvements

24. Ordering Improvement under Enabling Act Authority

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

To adopt a resolution ordering a Water Main on Donphil Road from Brenda Court to Gatewood Drive.

(Resource Persons: Edward R. Venable and Nathan L. McHenry - 4326) (Attachment #24 - 6 pages) (PR# 5667)

25. Street Closing - 295 Linear Feet of Sumter Street (SC0800007)

To conduct a public hearing and receive public comments on the permanent closing of 295 linear feet of Sumter Street, north of Maxwell Street, south of West Pettigrew Street; and To adopt an Order permanently closing 295 linear feet of Sumter Street.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #25 - 10 pages) (PR# 5688)

26. Street Closing - 1,067 Linear Feet of Maxwell Street (SC0800008)

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

To adopt an Order permanently closing 1,067 linear feet of Maxwell Street.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #26 - 10 pages) (PR# 5689)

27. Unified Development Ordinance (UDO) Text Amendment - Conservation Subdivisions (TC07-19)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change - Conservation Subdivisions (TC07-19); and

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 3, Applications and Permits, Article 6, District Intensity Standards, Article 7, Design Standards, and Article 8, Environmental Protection.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #27 - 24 pages) (PR# 5658)

28. Unified Development Ordinance (UDO) Text Amendment - Carnival Hours (TC0800003)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change - Carnival Hours (TC0800003); and

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 5, Use Regulations.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #28 - 4 pages) (PR# 5671)

29. Unified Development Ordinance (UDO) Text Amendment - Downtown Nightclubs or Bars (TC0800007)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change - Downtown Nightclubs or Bars (TC0800007); and

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 5, Use Regulations.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #29 - 7 pages) (Attachment # - 4 pages) (PR# 5672)

30. Unified Development Ordinance (UDO) Text Amendment - Public Notice (TC0800008)

To conduct a public hearing and receive public comments on the Unified Development Ordinance (UDO) Text Change - Public Notice (TC0800008);

To adopt an Ordinance Amending the Unified Development Ordinance, incorporating revisions to Article 3, Applications and Permits; and

To adopt a Resolution modifying Chapter 6 of the Fee Schedule to Set a Fee For Certain Mailed Notice.

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #30 - 10 pages) (PR# 5673)

31. Zoning Map Change - Poss Pas House (Z0800030)

To conduct a public hearing and receive public comments on the zoning map change for Poss Pas House (Z0800030);

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 Z0800030 out of UC(D) and placing same in and establishing same as RS-10; 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, 11-0 on October 14, 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 at 1514 Pinecrest Road, on the north side of Pinecrest Road and west of Academy Road. PIN: 0811-15-64-5198 (partial)]

(Resource Person: Steven L. Medlin, AICP - 4137 ext. 223) (Attachment #31 - 14 pages) (PR# 5675)

[Adjournment]