City Council Work Session Agenda
October 23, 2008
Committee Room, Second Floor

1. Approval of City Council Minutes

To approve City Council minutes for the October 6, 2008 City Council Meeting; and

To approve City Council action taken at the September 18, 2008 City Council Work Session.

(Resource Person: D. Ann Gray – 4166) (PR# 5587)

2. City-County Environmental Affairs Board - Appointments

To appoint 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# 5579)

3. Durham Historic Preservation Commission - Appointment

To appoint a citizen to fill one (1) vacancy on the Durham 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 #3 - 3 pages) (PR# 5580)

4. City-County Appearance Commission - Appointment

To appoint 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 #4 - 3 pages) (PR# 5581)

5. Durham Bicycle & Pedestrian Advisory Commission - Appointments

To appoint 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 on 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 #5 - 8 pages) (PR# 5584)

6. Durham Open Space & Trails Commission Appointments

To appoint 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 #6 - 12 pages) (PR# 5585)

7. Cable TV Advisory Board - Reappointment

To reappoint Angie Elkins to the Cable TV Advisory Board with a term to expire on October 31, 2010.

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

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #7 - 2 pages) (PR# 5595)

8. Cable TV Advisory Board - Receipt and Acceptance of an Application

To receive and accept an application for a citizen to fill one (1) vacancy on the Cable TV Advisory Board with the term to expire on October 31, 2010.

(Due to the term expiring of Warren Herndon)

(Resource Person: LaVerne V. Brooks – 4166) (Attachment #8 - 4 pages) (PR# 5596)

9. Durham Convention & Visitors Bureau Tourism Development Authority – Reappointment

To reappoint Ronald J. Hunter representing Lodging-Full Services to the Durham Convention & Visitors Bureau Tourism Development Authority with the term to expire on October 31, 2011. (Resource Person: LaVerne V. Brooks – 4166) (Attachment #9 - 2 pages) (PR# 5599)

10. Bid Report – September 2008

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

(Resource Persons: Joseph W. Clark and Lynette McRae – 4132) (Attachment #10 - 8 pages)(PR# 5576)

11. Bids – Seventy-Five (75) Transit Shelter Solar Lighting Units

To accept the bid from Tolar Manufacturing Company, Inc., in the amount of $104,625.00, for providing the City with Seventy-five (75) Transit Shelter Solar Lighting Units;

To authorize the City Manager to enter into a contract with Tolar Manufacturing Company, Inc., in the amount of $104,625.00, for providing the City with Seventy-five (75) Transit Shelter Solar Lighting Units; 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 A. Mancuso – 1535) (Attachment #11 - 5 pages) (PR# 5577)

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

To adopt a Resolution to set a public hearing on the proposed closing of 295 linear feet of Sumter Street for December 1, 2008.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #12 - 5 pages) (PR# 5571)

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

To adopt a Resolution to set a public hearing on the proposed closing of 1,067 linear feet of Maxwell Street for December 1, 2008.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #13 - 5 pages) (PR# 5572)

14. Street Acceptances

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

(Resource Persons: Edward R. Venable and Nathan L. McHenry - 4326) (Attachment #14 - 2 pages) (PR# 5563)

15. Contract SW-22, Ramp Construction and Bridge Removal

To authorize the City Manager to execute a contract for SW-22 Ramp Construction and Bridge Removal with White Oak Construction Corporation in the amount of $ 149,996.00; To establish a contingency fund in the amount of $22,499.40 (15%);

To authorize the City Manager to negotiate change orders provided that the cost of all change orders does not exceed $22,499.40 and the total project cost does not exceed $172,495.40; 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: Edward R. Venable – 4326 ext. 233) (Attachment #15 - 2 pages) (PR# 5588)

16. Compensatory Time Audit - September 200

To receive and accept the Compensatory Time Audit dated September 2008 as presented and approved at the September 22, 2008 meeting of the Audit Services Oversight Committee.

(Resource Person: Sonal Patel – 4213 ext. 246) (Attachment #16 - 14 pages) (PR# 5550)

17. Amendment to the Subrecipient Contract between the City of Durham and Durham County for the Operation of a Program by the Criminal Justice Resource Center

To authorize the expenditure of up to $35,000.00 in CDBG funds;

To authorize the City Manager to execute an Amendment to the existing CDBG Contract to extend the term from December 31, 2008 to June 30, 2009 and to increase CDBG funding in an amount of up to $35,000.00; and

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

(Resource Person: Shepherd Smith – 4570 ext. 227) (Attachment #17 - 5 pages) (PR# 5567)

18. Neighborhood Stabilization Program Funding

To authorize the City Manager to submit to the Division of Community Assistance a letter of intent to apply for funding under the North Carolina Neighborhood Stabilization Program by November 3, 2008.

(Resource Person: Larry Jarvis – 4570 ext. 273) (Attachment #18 - 13 pages) (PR# 5611)

19. FY 2009 Contract between the City of Durham and Doc Arts, Inc.

To authorize the City Manager to execute a contract with Doc Arts, Inc. in the amount of $75,000.00 for services related to the promotion of documentary arts including the production of the Full Frame Documentary Film Festival; and

To authorize the City Manager to make changes as needed so long as the changes to not decrease the benefits to be derived from the contract nor increase the amount of the contract.

(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #19 – 12 pages) (PR# 5542)

20. Amendments to Durham Performing Arts Center Operating Agreement to Increase the Pre-Opening Budget

To authorize the City Manager to execute a second amendment to the DPAC Operating Agreement with Nederlander/PFM to make effective the obligations of the City and Operator as required under the Robert D. Teer, Jr., naming rights sponsorship agreement;

To authorize the Manager to execute a third amendment to the DPAC Operating Agreement with Nederlander/PFM to increase City’s contribution to the pre-opening budget from $500,000.00 to $600,000.00;

To authorize the City Manager to make modifications to the livable wage contract requirements and to add a delegate to the Operator operating responsibility for the Plensa public art planned to be installed on the DPAC Plaza; and

To authorize the City Manager to make changes to the amendments to the DPAC Operating Agreement prior to execution provided the changes do not increase the City’s financial compensation or substantively change the duties and the obligations of the City or Operator under the amendments approved by City Council.

(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #20 – 21 pages) (PR# 5616)

21. Acceptance of Ownership of a Work of Art for Public Display on the Durham Performing Arts Center Plaza

To authorize the City Manager to execute an agreement with Capital Broadcasting Company (CBC), allowing the City Manager to accept full title, ownership and control, including operation and maintenance responsibilities of the sculpture by Jaume Plensa to be installed in the DPAC Plaza; and

To authorize the City Manager to make minor modifications to the agreement provided that the modifications do not substantively change the duties and the obligations of the City or Capital Broadcasting Company under the agreement and are consistent with the general intent of the version of the agreement approved by City Council.

(Resource Person: Alan DeLisle – 4965 ext. 212) (Attachment #21 - 32 pages) (PR# 5618)

22. Pictometry Federal Grant Appropriation

To authorize the City Manager to execute contracts and other documents with Pictometry International Corp. for the purchase of oblique imagery technology pending receipt of funding from North Carolina National Emergency Number Association;

To adopt a budget amendment appropriating $65,550.00 of 9-1-1 surcharge funds held by the County to be used to realize maximum benefit from the purchase; and

To authorize the City Manager to modify the contracts and related documents before execution provided that the modifications do not increase the dollar amount of the purchase price.

(Resource Person: Tonya Pearce – 4197) (Attachment #22 - 21 pages) (PR# 5586)

23. 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 #23 – 14 pages) (PR# 5468)

24. Changes to Local Taxes on Heavy Equipment Rental

To adopt an Ordinance to Impose Gross-Receipts Tax on Short-Term Lease or Rental of Heavy Equipment.

(Resource Person: John J. Allore – 4510) (Attachment #24 - 4 pages) (PR# 5594)

25. Safeguarding Information against Identity Theft

To approve the policy contained in Security of Sensitive and Confidential Information and Breach Response Plan; and

To authorize the City Manager to modify the policy in accordance with the FTC Identity Theft Rules.

(Resource Person: Keith Herrmann – 4455 ext. 230) (Attachment #25 - 12 pages) (PR# 5606)

26. Professional Services Agreement For Walltown Park Aquatic Center Project

To authorize the City Manager to execute the Professional Services Agreement for Walltown Aquatic Center Project with Cherry Huffman Architects, P.A. in the amount of $72,450.00;

To authorize the City Manager to make changes to the agreement 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 project contingency in the amount of $7,200.00; and

To authorize the City Manager to negotiate and execute change orders on the Professional Services Agreement for Walltown Aquatic Center Project, provided the total project cost does not exceed the amount budgeted for design phase services plus the project contingency.

(Resource Person: John Paces-Wiles – 4197 ext. 252) (Attachment #26 - 33 pages) (PR# 5604)

27. North Parking Garage Special Events Parking Fee Increase

To adopt an Ordinance to Amend the Fee Schedule for the Special Events Parking Rate at the North Parking Garage.

(Resource Person: Shelia A. Huggins – 4197) (Attachment #27 - 4 pages) (PR# 5602)

28. North Parking Garage Lease Amendment

To adopt a Resolution Authorizing the City Manager to advertise for upset bids in accordance with G.S. 160A-269 for the lease of 149 spaces in year one, 187 spaces in year two, and either 187 or 225 spaces in year three and through the remainder of the term and provides that if no upset bids are received, the City Manager may accept the offer from American Campus Operating Company, LLC to lease the parking spaces for 15 years with an option to renew for one five-year term, at the rate established by City Council, which is currently $45 per month per parking space;

To authorize the City Manager to execute a lease agreement with American Campus Operating Company, LLC. for Parking in the North Garage; and

To authorize the City Manager to make changes to the agreement prior to execution provided that such changes do not differ from the intent of the lease agreement.

(Resource Person: Shelia A. Huggins – 4197) (Attachment #28 - 29 pages) (PR# 5605)

29. Housing and Urban Development (HUD) Cooperative Grant Agreement Superseding Ordinance No. 13578

To authorize the City Manager to accept the City of Durham North Carolina and the U.S. Department of Housing and Urban Development (HUD) Cooperative Agreement Funds by executing the grant documents; and

To adopt the Grant Project Ordinance in the amount of $62,393.00 that supersedes Grant Project Ordinance 13578.

(Resource Person: Delilah Donaldson – 4107 ext. 246) (Attachment #29 - 4 pages) (PR# 5556)

30. 2009 City Council Schedule

To approve the 2009 City Council Schedule; and

To adopt an Ordinance Cancelling the Regular City Council Work Session for July 9, 2009 and the Regular City Council Meeting for July 20, 2009.

(Resource Person: Reginald J. Johnson – 4222) (Attachment #30 - 4 pages) (PR# 5598)

31. Durham Board of Adjustment Annual Report

To accept the Durham Board of Adjustment Annual Report for July 1, 2007 through June 30, 2008.

(Resource Person: Steven L. Medlin, AICP – 4137 ext. 223) (Attachment #31 - 3 pages) (PR# 5565)

32. Use of Asset Forfeiture Funds and Controlled Substance Tax Distribution Funds and Contract between the Drug Enforcement Administration (DEA) and the City

To authorize the City Manager to accept the Asset Forfeiture Funds and Controlled Substance Tax Distribution Funds in an amount not to exceed $405,000.00 to make purchases to procure training and equipment to enhance Police operations;

To authorize the City Manager to execute the contract between the Drug Enforcement Administration (DEA) and the City, in an amount not to exceed $80,000.00; 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: Steve Mihaich – 4322) (Attachment #32 - 8 pages) (PR# 5560)

33. Nine-Year Lease For Police District #1 Substation at 915 Holloway Street

To authorize the City Manager to execute a nine year lease with Yarboro & Hessee Warehouses, L. L. C. for police district #1 substation at 915 Holloway Street; and

To authorize the City Manager to make changes to the lease prior to execution provided such changes do not change the intent of the agenda memo or increase the monthly rental cost.

(Resource Person: Lew Wardell – 4155) (Attachment #33 - 19 pages) (PR# 5578)

34. 2008 Forensic Enhancement Grant

To authorize the City Manager to accept the Department of Justice, Office of Justice Programs, Bureau of Justice, Edward Byrne National Initiative’s, 2008 Forensic Enhancement Grant by executing the grant documents;

To adopt the Department of Justice, Office of Justice Programs, Bureau of Justice, Edward Byrne National Initiative’s 2008 Forensic Enhancement Grant Project Ordinance in the amount of $357,739.00; and

To authorize the addition of a full-time position (FTE), called the Firearms Analyst, which will be funded by the 2008 Forensic Enhancement Grant.

(Resource Person: Chris Allen – 4440) (Attachment #34 - 13 pages) (PR# 5524)

35. Amend Grant Project Ordinance #13444 – “Federal Asset Forfeiture Funds” FY 2005/2006

To authorize the City Manager to accept the U.S. Department of Justice "Federal Asset Forfeiture Funds" FY 2005/2006 Grant by executing the grant documents; and

To adopt the U.S. Department of Justice “Federal Asset Forfeiture Funds” FY 2005/2006 Grant Project Ordinance superseding Grant Project Ordinance # 13444.

(Resource Person: Kisha Ethridge – 4309) (Attachment #35 - 3 pages) (PR# 5528)

36. American Tobacco Trail Phase E - Pedestrian Bridge Over I-40

To receive a report on the American Tobacco Trail Phase E - Pedestrian Bridge over I-40.

(Resource Person: Edward R. Venable – 4326 ext. 233) (Attachment #36 - 6 pages) (PR# 5591)

37. North Carolina Department of Transportation (NCDOT) Municipal Agreement for Maintenance of System Streets

To adopt a resolution authorizing the City Manager to execute a Municipal Agreement for Maintenance of System Streets with NCDOT to provide routine maintenance on system streets and to receive annual funding not to exceed $270,000.00 from NCDOT; and

To authorize the City Manager to make minor modifications to the agreement provided that the modifications do not change the dollar amounts in the agreement and are consistent with the general intent of the version of the agreement.

(Resource Person: Kathryn R. Kalb – 4326 ext. 225) (Attachment #37 - 8 pages) (PR# 5561)

38. Authorization for 2008-2009 Operation & Maintenance Payment to the US Geological Survey for City of Durham Rainfall and Streamflow Network

To authorize regular payments to the US Geological Survey for the operation and maintenance of the precipitation and streamflow monitoring network for a 2008-2009 total amount of $65,200.00.

(Resource Person: Michelle Woolfolk – 1328 ext. 253) (Attachment #38 - 8 pages) (PR# 5566)

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

To authorize the City Manager to execute a contract with Antritz Separation, Inc. for Contract FR-2 – Filter Belt Press Rehabilitation in the amount of $460,000.00;

To establish a contingency fund for Contract FR-2 of $60,000.00;

To authorize the City Manager to negotiate change orders for Contract FR-2 provided that the cost of all change orders does not exceed $60.000.00 and the total project cost does not exceed $520,000.00; 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 #39 - 3 pages) (PR# 5546)

40. Contract WSR-2, System Improvements Project

To authorize the City Manager to execute a contract with CSSI Utility Contractors for Contract WSR-2 System Improvements Project in the total amount $2,973,840.00;

To establish a contingency fund for the contract in the amount of $595,000.00;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $595,000.00 and the total project cost does not exceed $3,568,840.00; 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 is consistent with the general intent of the version of the Contract approved by City Council.

(Resource Person: James E. Harding – 4381 ext. 260) (Attachment #40 - 4 pages) (PR# 5592)

41. Ordinance Amending Chapter 70 Utilities, Section 70-25 of the Code of Ordinances of the City of Durham

To adopt an Ordinance Amending Chapter 70 Utilities, Section 70-25 of the Code of Ordinances of the City of Durham to allow apartment owners to implement administrative charges for water resale in accordance with the North Carolina Utilities Commission regulations.

(Resource Person: Reginald Hicks – 4381) (Attachment #41 - 3 pages) (PR# 5593)

Police Department

Assessments and Improvements

Economic and Workforce Development Department

47. Janet Barrett

To receive comments from Janet Barrett regarding the Extension Interlocal Agreement with Raleigh.

(Resource Person: Janet Barrett – 919-294-6271) (Attachment #47 - 7 pages) (PR# 5552)

48. Lucresia Adams

To receive comments from Lucresia Adams regarding housing issues.

(Resource Person: Lucresia Adams – 919-949-3660) (Attachment #48 - 1 page) (PR# 5619)

49. Larry Partee

To receive comments from Larry Partee regarding Durham Housing Authority and the Section 8 Program.

(Resource Person: Larry Partee – 919-949-9281) (Attachment #49 - 3 pages) (PR# 5621)

50. N.C. Sheriff-Police Alliance

To receive comments from Sheldon Perkins and Andy Miller regarding a comprehensive plan to address pay compression in the Police Department.

(Resource Person: Sheldon Perkins – 919-602-4794) (Attachment #50 - 1 page) (PR# 5620)