 Good evening. We'd like to call the Durham City Council meeting to order on Monday, May 6th at 7.03 p.m. And certainly want to welcome all of you that are in attendance with us this evening. We just take a moment for silent meditation, please. Thank you. We'll ask Councilman Brown if he would lead us in the pledge of allegiance to the flag of the United States of America. That's the clerk if she would call the roll please. Mayor Bell, Mayor Pro Tem Cole McFadden, Councilmember Brown, Councilmember Cattady has an excused absence, Councilmember Moffitt, and Councilmember Schwell. It's not even off right. We have several proclamations this evening that we'd like to present. The first pertains to children's mental health awareness day proclamation. I'd like to ask Ms. Tika Dempsey if she would join me please. Where as to promote awareness of positive mental health, well-being, and development for all children, youth, and young adults ages birth through 26 in North Carolina. Whereas the leadership in Durham, North Carolina, recognizes that mental health needs and treatment beyond par with medical needs and treatment. Whereas families shall not feel stigma and shame to seek treatment for the children and youth and to be able to discuss openly their need for health without public retribution. Whereas children's mental health promotion needs to be available to everyone. Education on identification and use of child strength to support success and promote mental health as well as anti-stigma, inclusion, and social skills education should be available to all citizens of North Carolina. Whereas available school-based mental health programs and positive behavior interventions and supports should be considered as best practice and be encouraged to be practiced in every Durham and North Carolina public school. Whereas children are recognized for having unique needs for recovery of mental health, emotional behavioral, and substance abuse issues, and not being combined with the adult mental health population for treatment. Whereas effective mental health treatment service to strengthen families, youth leadership development, and family partner peer supports results in children and youth overcoming trauma, becoming successful and contributing to Durham, North Carolina citizens in a safe environment in their homes, schools, and communities. Whereas the city of Durham, North Carolina, Mental Health Planning and Advisory Council, National Federation of Families with Children's Mental Health, Alliance Behavioral Healthcare, naming North Carolina Families United, the North Carolina State Children's Collaborative and the Families and Communities who have children, youth, and young adults struggling with emotional and behavioral health issues, joined to recognize Children's Mental Health Awareness Week and Safety. Now therefore, William V. Bilbell, Mayor of the City of Durham, North Carolina, did have our claim May 9th, 2013, as Children's Mental Health Awareness Day in Durham, and hereby urge all citizens to take special notice of this deserving. I witness my hand in the court of the City of Durham, North Carolina. This is May 6th, 2013. Would like to present this to you, or any comments to you? After years, I've just come to say all the work that we've done, but this year I really want to thank our leaders and the City Council, and thank you, Mayor, because this is huge. It's not just paper to children and families across Durham addressing mental health. This validates the voice for those that feel voiceless for those that are living with mental health. And so I sincerely appreciate you taking the time to give this proclamation to us. Thank you again. Ron DeParker. Ron DeParker. Ron DeParker. That's great. This is National Kids to Parks Day proclamation. I should have Steve Shueh present in a second. I'll tell you why I said that about Steve, but I might tell you himself. Whereas May 18th, 2013 is the third National Kids to Parks Day organized and launched by the National Park Trust, whereas National Kids to Parks Day empowers kids and encourages families to get outdoors and visit America's parks. Whereas it's important to introduce a new generation to our nation's parks because of the decline in park attendance over the last decades, whereas we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes, hypertension, and high cholesterol. Whereas National Kids to Parks Day is open to all children and adults across the country to encourage a large and diverse group of participants. Whereas National Kids to Parks Day will broaden children's appreciation for nature and outdoors. Now, therefore, we in Villeville, the mayor of the Sea of Durham, North Carolina, do have a claim May 18th, 2013. It's National Kids to Parks Day in Durham and Hibirah Residence of the City of Durham to make time and to take time with their children and their lives to a neighborhood state and national park. Again, it's my hand, Corporate of the City of Durham, North Carolina, the sixth day of May, 2013. Thank you Mayor Bell, City Council, City Manager, and Residence of Durham and my colleagues. We're excited because any way that we can get young people and families out into parks and open spaces, we are excited. We wanted to invite you to our national award-winning Bimbay Cultural Arts Festival that's on May 18th from 12 to 8 p.m. that will be in downtown Durham and our CCB Plaza. We have a week long of activities the whole family can enjoy. Old school family skate jam, old school alumni basketball, classic teen poetry slam, and various other events that will be going on. So I hope that you'll be coming to join us. This is sponsored by Durham Parks and Recreation and Cricket Wireless, but our many sponsors are Radio 1 of Raleigh, Fox 50, The Herald Sun, Home Depot, Triangle Tribune, and Spectacular Magazine. So I hope you'll come out. We'll have our dance and tribute to the Elder's Ceremony led by the African American Dance Ensemble and our festival host is Brian Dawson from K-97.5. So come out and join us for a whole week of activities and join us also in our 68 other parks here in the City of Durham. Thank you. I'm going to ask Rhonda, she will come back. I'll ask the Councilman, she'll if you present this proclamation. Steve serves on the Parks and Recreation Advisor Committee, plus he tries to be active sometimes. Sometimes. See? Thank you, Mr. Mayor. Come on up again. Parks folks. I think the Mayor was referring to the fact that I threw my back out during the hula hoop at Durham Open Streets last week, Rhonda. I'm sorry to hear that. I know you are, but... No workers comp, Mr. Manager? Okay. So I'm glad to have you all up here to receive this proclamation about Old Americans Month. Whereas the City of Durham joins the nation and the state in declaring May as Older Americans Month 2013, marking the 50th year that a presidential proclamation has been issued to commemorate Old Americans. Whereas 31,942 persons, 60 years of age or older, lived in the City of Durham, 14% of the total population. And whereas the City of Durham celebrates the valuable and inspirational contributions of its residents aged 60 or better, their families and their caregivers, and whereas the City of Durham serves over 1,000 persons aged 55 or better each year, the Durham Parks and Recreation Programs, including the Senior Holiday Party, the Durham Senior Games and Silver Arts programs over a dozen trips to events and attractions, and dozens of classes and programs designed to meet the needs of Durham's mature adults, and whereas the Durham Parks and Recreation Department and the Durham Center for Senior Life are undertaking a campaign in conjunction with the North Carolina Division of Aging and Adult Services to promote this year's Older Americans Month theme, Unleash the Power of Age. Now therefore, I, William V. Bill Bell, Mary of the City of Durham, North Carolina do hereby proclaim the month as Older Americans Month in Durham, and hereby urge all citizens to take special note of this observance by recognizing the Durham Parks and Recreation Department for their commitment and dedication to the older Americans living in our community, and for their planning of the many events commemorating May as Older Americans Month. Witness my hand, the corporate seal of the City of Durham, North Carolina, the sixth day of May 2013, William V. Bill Bell, Mayor. Congratulations. My name is Sarah Hogan, I'm a Recreation Manager with the City of Durham Parks and Recreation Department, and it's my pleasure to manage the recreation programs for persons 55 and better. As Councilman Schull mentioned, we provide a variety of programs and services. At this time, I could have folks 55 and better who would like to be recognized to please stand. You can see the number of folks we have available in our community that are 55 and better. Thank you all for coming. There are some folks in the audience, some of the Divas came to help us recognize Older Americans Month this evening, and in a moment I'm going to give Dr. Gucci a chance to speak. But we offer a large variety of programs. Since July the first of this year, we've offered over 100 programs for persons age 55 and better. Clubs, classes, trips, ongoing social outings, kinds of activities. Just next week we'll be going to the DPAC to see Sister Act, and we have tickets to that still available if anyone here would like to join us for that. And June we'll be going to the Pork Festival in Emporia, Virginia. And the list goes on and on and on. I'm going to put some information at the back of the room, and I'll stay back there for a little while if anyone's interested in talking to me about what we have available. Lots and lots of programs, lots and lots of opportunities. We would love to have anyone 55 and better to join us. I'm going to now allow Dr. Gucci to say just a few words as well. A few words. I'm Louise Gucci, team captain with the famous Durham Senior Divas who are in the house. We certainly would like to extend our appreciation to Mayor Bell, to the City Council and all the members of the Durham community for the support that you have given the Divas over the last nine years. On this Wednesday, May the 8th, we are movie stars now, there will be a film documentary about the Durham Senior Divas, 1130 at Care on Broadway Street. Also, we want to thank Mayor Bell and the City Council for featuring the famous Durham Divas in the 2012 Annual Report. Thank you so much. This next proclamation is probably a bit unique in the sense that I'm an issue ahead of its time. I had some young students to come in my office a couple of weeks ago to tell me about a program that they're involved in at Durham Academy, a program which they are trying to carry out further, at least across the city of North Carolina. After telling me about the program and what they were trying to do, I invited them to come to the City Council meeting this evening so that I could present this proclamation. What's unique about it is really a proclamation for 2014. I might not be Mayor in 2014, so I figured I might as well get this done now. I would ask the young ladies from Durham Academy if you would join me. Maybe I shouldn't say I might not be Mayor in 2014, so I might take that out of context. I'm running. But really the proclamation speaks to a very unique but very important program. I'm going to let them tell you a little bit more about the program, so I'll just read part of the proclamation. It speaks to the fact that the goal of genocide prevention and awareness month is to educate the public about the history of previous and contemporary genocides, advocate against future genocides, and commemorate the victims of genocide. It speaks about the numerous genocides that originated from events that occurred in April, such as in April of 1993 the Nazis issued a decree preparing the way for the final solution, defining non-Aryan as anyone descended from non-Aryan, especially Jewish parents or grandparents. It speaks to the fact that in April of 1975 the Cameroons entered Phenom Pen, the capital of Cambodia, initiated wide-scale massacres that turned cities into killing fields. These massacres resulted in the death of 2 million people. It speaks about the fact that in April 1992 the siege of Bosnia ultimately led to the deaths of more than 200,000 Bosniaks. It speaks to the fact that in April of 1994 the Rwandan President's airplane was shot down, which led to the sland of moderate leaders by Hutham hardliners, and over the next three months 8,000 Tutsis were slaughtered. It speaks to the fact that in April of 2003 the displacement of Deferends began in Sudan, which led to hundreds of thousands of deaths and displacements of millions. It speaks to the fact that the Genocide Prevention Task Force released this report in December 2008 to spotlight genocide prevention as a national priority, whereas policies designed to prevent genocide and advantageous insofar as they present the laws of innocent lives and avoid the need for costly interventions out the atrocities that have begun. Therefore, when you reveal the home mayor of the seat of Durham, North Carolina, do hip-hop reclaim April 2014 as Genocide Prevention Awareness Month in Durham, and hip-hop urge all citizens to take special note of this observance by supporting all necessary actions by the federal, executive, and legislative branches to enhance the U.S. government's capability to prevent mass atrocities and to encourage both of our state senators, as well as all representatives whose districts fall within the city, to support federal legislation enacting the recommendations of the Genocide Prevention Task Force report. And with my hand in Corpus Silos City of Durham, North Carolina, this is an annual event, and as I said, they came to my office in April, and I told them we don't have another council meeting until May, but invited them to come here in May so we could prevent this, and hopefully it will be an annual proclamation from here on out. So I turn it over to the president, introduce yourself, and tell them a little bit more about it. Thank you so much, Mr. Bell. So, yeah, my name is Ashley. I'm from Durham Academy, and we are from Durham Academy, Academy Stand, and Stand is part of a national coalition of students across the country that is forming a community and a coalition of people who are working to stand up to genocides and mass atrocities in order to both raise awareness locally as well as globally about the issue and really advocate for change. So one of our projects this year has been working with Mr. Bell in the city of Durham to make April officially be recognized as Genocide Prevention in Awareness Month, and this is really just to bring the issue home to our communities so that people here can understand what a genocide, what a mass atrocity is, and to make a difference beginning at the local level. So just beginning by raising awareness about it here, and hopefully we would like to be put on the calendar officially so that then different children in schools can learn about it, perhaps in libraries, different books can be placed out about genocide and mass atrocities, and just sort of bringing the issue here and for people to have an understanding about it, perhaps having a Holocaust survivor come speak at the city house, at the courthouse or something like that, so just sort of this is the first step in continuing to raise awareness and have people have an understanding of genocide and mass atrocities, and we thank the city of Durham so much for all of their support, and thank you, and if you have any questions please just let us know anytime. I just thought it was appropriate anytime now young people want to take on initiatives in such a public way that they give an opportunity to be recognized, and hopefully encouraged to do the things that they're doing. The next proclamation speaks to Police Week, and I would ask the Chief Lopez, thanks appropriate. This proclamation recognizes Peace Officers Memorial Day, and unfortunately I was out of town and not able to participate in the services, but it speaks to the fact that whereas the Congress and President of the United States have designated May 15th as Peace Officers Memorial Day in the week in which it falls as National Police Week, whereas the officers of the Durham Police Department along with the Durham Fraternal Order of Police and all of its member agencies play an essential role safeguarding the rights and freedom of the citizens of Durham, whereas important as citizens are aware of the duties and responsibilities carried out about low enforcement officers and understand the dangers and problems encountered by officers and their performance of their duty, whereas equally important that low enforcement officers recognize their duty to serve the people by safeguarding life and property, protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation, whereas the men and women of the Durham Police Department and the members of the Durham Fraternal Order of Police unceasingly provide a vital public service. Therefore, I, William V. Bilbell, Mayor of the City of Durham, North Carolina, do a third Friday, 2013 as Peace Officers Memorial Day in Durham, and to honor those peace officers who have lost their lives, who have become disabled in line of duty, and also commend the Durham County Fraternal Order of Police for its coordination of a commemorative service at Greystone Baptist Church on Hillsborough Road. I do further proclaim the week of May 12th through 18th, 2013, as Police Week in Durham and call upon our citizens to join and commemorate in the law enforcement offices, past and present, who have rendered a dedicated service to their community, and which is my hand, Corporate City of Durham, North Carolina, this is the 60th of May, and I'll present this to all of you. Hello, everyone. I just want to thank City Council again, and all the citizens of Durham, for those of you who attended the Memorial Day service on Friday. And I want to say thank you again for your support to the law enforcement community and the Fraternal Order of Police, lodge number two here in Durham. Thank you. Some of you came through the lobby. You probably recognize some very good-looking posters out front. This proclamation recognizes National Drinking Water Week. He's back there coughing. I asked him, do you have any water? He's back there coughing. The proclamation reads, whereas water is a basic and essential need of mankind, whereas our health, comfort and standard of living depend upon an adequate supply of safe clean water, whereas throughout the years the City of Durham has taken a lead role in source water management and protection, as well as production of a consistent supply of high quality drinking water, whereas the southeast portion of the United States, the state of North Carolina, the region and Durham, specifically, have weathered two historic droughts in the last 10 years, whereas changing climate and global warming may impact the availability of our precious national resources, whereas our drinking water and water resources are undervalued, whereas dedicated individuals and organizations such as city employees, industry leaders, scientists, environmentalists and students have made significant contributions in developing, operating and maintaining these systems, protecting and conserving this precious resource and educating the public on the value of this resource. I, William V. Vaubel, Mayor of the City of Durham, North Carolina, in conjunction with National Drinking Water Week, which is May 5th through May 11th, do hear by proclaiming May 1st through 31st, 2013, as Drinking Water Month in Durham, and urge all citizens to join me as a partner in the water, use it wisely campaign, and to pledge to embrace the water conservation ethic, to extend the life of our most precious natural resources. With this, my hand calls to the City of Durham, North Carolina. This is the sixth day of May 2013. I'd like to present this to Don what I'm managing. Thank you Mayor, members of council, colleagues and members of the audience. I'd like to introduce Lee Farmer, one of our operators in our water supply and treatment division. Al Nelson in the back is part of our conservation staff, and hopefully all of you know, Wayne Drop. Well thank you. On behalf of the water supply and treatment division and the more than 300 employees of the Department of Water Management, we thank all of you for recognizing the vital role that safe drinking water plays in all our lives. The support of city council, city administration, citizens and the employees of other city departments is crucial to us to complete our mission. That support is evident when such projects as the upgrades and expansion at the Brown and Williams Water Treatment Plants, and the soon to be raised Andrew elevated storage tank are approved. Other projects such as the rehabilitation and replacement of the underground infrastructure are just as important. These parts of the system are typically out of sight and out of mind to most of our customers, until there's a water main break. Our treatment plant divisions are staff 24-7, however in addition to emergency response, staff and other divisions devote after hours and weekends to follow up with customers, concerns and participating in community events. Our certified operators, lab technicians, conservation staff, frontline employees and managers are committed to continuing to provide the citizens of Durham with an adequate supply of safe drinking water. Through regional opportunities, careful planning and implementation of water efficient initiatives, we strive to preserve our most precious natural resource well into the future. I always tell our staff that if the water flows from the tap when our customers turn on the water that no one calls or emails us, we've done our job. Unfortunately recently there's been a significant increase in the number of calls concerning that earthy waste to our Durham water and potentially some odor. First of all we want to assure all of us, all of you and all our customers listening tonight that the tap water is safe to drink and continues to meet all state and federal drinking water standards. Secondly we're implementing a number of treatment process modifications to address the taste and odor concerns. We have the beginnings of an algae bloom and both of our source water lakes. We're aggressively working to reduce the effect at the source and once we have effectively neutralized the organisms we will implement a system-wide flush to pull the freshest water into the system. We regret any inconvenience to our customers and appreciate everyone's ongoing patience. Thank you. Good evening. I'm Vicki Westbrook, the Assistant Director in the Department of Water Management and I'm pleased to be able to bring our poster contest winners. They are posted in the lobby but we certainly want to celebrate the success that they've had. This year we had 377 posters that were presented from 14 different schools. Those schools were Brogdon Middle School, Carington Middle School, CC Spaulding, Elementary Central Park School for Children, Crescent Christian Academy, Durham Academy, Easley Elementary, Immaculata Catholic School, Little River Elementary, Lowes Grove Middle School, Montessori Community School, Pearsontown Elementary School, Trinity School of Durham and W.G. Pearson Middle School. I also want to personally thank the parents who are here supporting their kids, some of the teachers who are here for allowing us to come into the schools and share our science lessons and provide them the opportunity to develop these colorful posters that are out there. This year's theme was reduce your water footprint and I think when you view them out front you will see that they did an excellent job of interpreting that message. So each year we have our poster contest divided into three different categories so we'll start with the K through 2 category. Our first place winner is Emma Burson from Trinity School of Durham. Our second... Thank you. Great. The second place winner is Ellie O'Connell from Immaculata Catholic School, another second grader as is Emma. And in the third place category we had a tie. We have Ava Acilla from Immaculata Catholic School and Wheezy Broughton from Trinity School of Durham. In the grades 3 through 5 category our first place winner is Helene Worthington, fourth grader from Durham Academy Our second place winner is Caroline Aldridge, fourth grader from Durham Academy. The third place winner is Noor Jirath fourth grader from Montessori Community School. In the grades 6 through 8 category the first place winner is Tierra Fran from Lowes Grove Middle School. In second place Chelsea Caster, eighth grader from Immaculata Catholic School and third place Brandy Rodriguez, sixth grader from Carington Middle School I believe Brandy was...oh she is here, she made it. As always we submit our winning entries that are selected among the water management staff and distinguished visitors to our building to the North Carolina A-W-A-W-E-A Public Education Committee for judging. And I want to thank this group of artists for continuing our record of always having statewide winners. So we had a first place winner in the grade 3 through 5 category Caroline Aldridge. We also have a second place winner in the grades 3 through 5 category Helene Worthington. And we also have a third place winner in the grade 3 through 5 category Noor Jirath. Continuing in our sweep of all the statewide categories we have a first place winner in the grade 6 through 8 category of Tierra Brand. Our second place statewide winner in the grade 6 through 8 category is Brandy Rodriguez. And the third place winner in the grade 6 through 8 category Chelsea Caster. And we would just again like to thank the teachers, the students and their parents for supporting our poster contest every year. Thank you. Please. Our last proclamation is in recognition of Women's Health Month and I will be presenting this to Del Madioli of Madioli and Associates. So Del, if you would come for it. And it reads, whereas National Women's Health Week was initiated in the dawn of the new millennium by a group of public and private organizations dedicated to raising awareness of women's health issues. And whereas from that day forward, National Women's Health Week has occurred in the spring with an annual celebration held a week following Mother's Day. And whereas National Women's Health Week is a celebration of women taken responsibility for their own health through greater knowledge and understanding. And whereas National Women's Health Week celebrates the efforts of national and community organizations work with partners and volunteers to improve awareness of key women's health issues. And whereas National Women's Health Month empowers women to make their health a top priority and encourages them to take steps to improve their overall physical and mental health and lower their risks of certain diseases. And whereas Del Madioli women's advocate and owner of Durham-based Madioli and Associates has chosen Durham, North Carolina to officially launch our local efforts and to acknowledge that when women are healthy, they easily motivate those around them to become healthy. Now for I, William V. Bilbell, Mayor of the City of Durham, North Carolina, do hereby proclaim the month of May 13 as Women's Health Month in Durham and hereby urge all citizens to take special note of this observance by celebrating the progress made in protecting women's health and to promote awareness, prevention and educational activities that improve the health of all women. And it is signed by the Honorable William V. Bilbell the Greatest Mayor from the Greatest City of Durham. Thank you very much. Thank you Mayor Pro Tem Cora, Cole McFadden and thanks to the Council and of course the Mayor and the citizens of Durham. Yes, women, us, we look out for everybody else. We consider ourselves as last, but that's our nature. So what I want to just make us all aware is that we all need women and women help the society grow. So if we take better health care for ourselves after we look out for everybody else and make some me time, I think everyone will benefit. So great things are happening in Durham and thanks for supporting this effort. Thank you. Let me ask whether any announcements by members of the council. If not then I'll ask for prior to items first by the City Manager. Thank you Mr. Mayor, members of council, good evening everyone. One item to bring to your attention this evening, agenda item number 13, which is the completion of street and the Dunwoody subdivision. I just want to bring to your attention that the motion for this item and the recommendation has been revised to incorporate that increase in the city's contribution of the $6,000 that we discussed at the work session. Thank you. It's prior to items. It's been properly moving second. Madam clerk, will you open the vote? Close the vote. It passes five to zero. I recognize City Attorney. Thank you Mr. Mayor. I wanted to bring your attention to two items and agenda item number 11 lease agreement for the Durham Bulls Athletic Park and Development Agreement between the City of Durham and Durham Bulls Baseball Club Incorporated. There has been a revision to the upset bid resolution that's been attached to the attachment 14 and it's been updated on your agenda, your electronic agenda. Also at the conclusion of tonight's meeting I'd like to call a closed session for attorney client consultation pursuant to GS 143 318 11A 3. That's all I have for you tonight. I take the motion on the city attorneys for our items. It's been proper to move them second. Madam clerk, will you open the vote? Close the vote. It passes five to zero. I recognize City Clerk. No items Mr. Mayor. Okay that being the case we'll move with the agenda. First item being consent agenda items. Consent agenda items may be approved with a single vote. If a council member or a member of the audience chooses to remove a consent agenda item we will discuss that later in the evening program. Again I'll just read the heading of each one of the consent agenda items. Item one is approval of city council minutes. Item two is workforce development board appointments. Item three is Durham planning commission appointments. Item four is Durham city county appearance commission appointments. Item five is bid report for March 2013. Item six is bid report for February 2013. Item seven are street acceptances. Item eight is an item that can be found on the general business agenda. Item nine is an amendment to the substance abuse and services administration grant project number 14292 and contract with alliance behavioral health care. Item ten is CIP ordinance amendment to create Durham bulls athletic park improvements capital project. Item 11 is an item that can be found on the general business agenda. Item 12 is intergovernmental agreement with the US geological survey for operation and maintenance of the city of Durham rainfall and stream flow network. Item 13 is completion of street and Dunwoody subdivision. Item 14 is FY 2013 2014 proposed water and sewer rates. Item 17 can be found on the general business agenda. Item 19 is an item that can be found on the general business agenda as a public hearing. Item 21 through 23 these items can be found on the general business agenda as public hearings. Item 21 is a motion to approve consent agenda items. The property move is second. Madam clerk, will you open the vote? Passes five to zero. Move to the general business agenda. Item eight, Durham performing arts center, D-PAC operating agreement recognized city manager. Thank you, Mr. Mayor. Again, good evening. This item is the recommendation for the modification and extension of the Durham performing arts center between the city of Durham and Durham performing arts LLC, which is a partnership of JN Worldwide LLC near lander of New York, New York and the professional facilities management Inc. of Providence, Rhode Island. This item was presented at the work session at which time the staff reviewed a number of proposed changes to the operating agreement as well as the opportunity for extension of the agreement. As you know, the city and D-PAC is about to complete its fifth year of operation. Many of which have been, most of which have been extremely successful, all of which have been successful. And as a result of our experiences during this period of operation and our relationship and confidence in the operator we are recommending some modifications both operationally in terms of how items are accounted for in terms of maintenance and expenses of those natures and also how the operating profits are modified in an effort to incentivize, further incentivize the outstanding performance that we have experienced. At the meeting of the work session there were a couple of concerns raised about one of the provisions in the proposed agreement regarding incentive at the $2 million level that has since been gone back and revisited, renegotiated and an alternate incentive provision has been provided at the $3 million level. And at this point I'd be glad to answer any questions that council members may have about that recommendation. Thank you, Mr. Manager. Let me first say that I've spent a considerable amount of time reviewing the budget and the proposed agreement and it's an agreement that I feel more comfortable with now, specifically the gap that the city manager indicated has been filled. And this is a budget that, like all budgets, is based on projections, but it's a budget that's built with almost five years of experience as the manager's indicated. So it gives some indication as to where we might be going. I think it was very important that this partnership continue. There's no question that both Nederlander and Durham Performance PFM have really been great partners. I've told people over and over again the facility is great. It's a well-constructed facility, but if you don't have the right people operating and bringing the right performances, it really isn't going to work. And we've been fortunate to have that type of relationship. And this agreement not only extends the relationship, but extends it for a considerable amount of years, which to me is very important. In partnerships you share in the good times and the bad times. And again, by filling that gap that the manager has indicated, we continue to participate in whatever revenues operating profits of the theater goods. So I'm comfortable with it, but I'm sure there may be some questions about other members of the council and I'd like to recognize anyone who recognizes me at Pro Tem. Thank you, Mr. Mayor. Before I move the item, as you know, I serve on the Durham Convention and Visitors Bureau Board and just wanted to share some information that the public might not be aware in terms of the economic impact of D-PAC. In 2011-12, the most recently completed year, visitors to D-PAC spend an estimated net of $43.7 million. These visitors spend about $2.5 million in tax revenue from their spending in hotels, restaurants, retail, etc. And this amount does not include the additional $3 per ticket revenue that is generated by the theater through ticket sales. So I thought the public just needed to know that. Thank you, sir. And I'd like to move the item. Recognize Councilor Moffitt. Thank you, Mr. Mayor. As many of you know, I also question the original agreement and as the operator and their representatives can attest, I've been pouring over the numbers very carefully and I agree with the mayor for all the reasons that he brought up. I think that the new agreement, the new arrangement that we've looked at over the last few days is a more fair split of the shares. I think that we're fortunate to have such a great operator as a partner. It's PFM Nederlander. And I think that the Council's staff's commitment to maintaining a first-class facility over the years to come is also an important component of the ongoing success. So I'll be voting in support of this. Thank you, Mr. Mayor. I want to thank my colleagues at the work session two weeks ago, including Don Moffitt and the mayor, of course, for raising a few issues about this contract. And I think with the tweaks that have been made, it's better than what we had. And I intend to support it this evening. Recognize Councilman Schuel. I just want to add to, I agree with what Gene said. Mr. Mayor, thank you to you and to Don for, I think, raising some really important questions. And I think you've improved it and appreciate the manager sticking with it. And I think we've got something that's really going to be great for a long time. Second. Any further questions? Hearing none, call the question. Madam Clerk, will you open the vote? Close the vote. It passes 5-0. I know I see Lynn Singleton in the audience. Lynn is the manager of PFM. Okay, that's good enough. Lynn Singleton, I'm the CEO, the president, and the founder of PFM from Providence, Rhode Island. I smile as I sit back there because about 10 years ago, I got a call and I flew into Durham to meet Patrick and the mayor. And they shared their dream with me. And fortunately our reality has exceeded that dream. And we thank you for your vote of confidence. It's been a great pleasure here. And a lot of that is due to the constant support we've got from the manager, the mayor, the council, city staff, and Reginald, if he's here, Reginald Johnson, who is on point for us. I thank you and we look forward to another numerous good years. Next item is item 11, lease agreement for the Durham Bulls Athlete Park and on a deep app and the development agreement between the city of Durham and the Durham Bulls baseball club. And again, turn this over to the manager. Council, Joel Reitzer, director of the department of general services. The item regarding the Durham Bulls Athletic Park is regarding the lease and the development agreement. City's lease with the Durham Bulls expires in 2015. In anticipation of the expiration, the city began negotiations with the Durham Bulls to address new lease terms and a program for delivery of the necessary deferred maintenance and new capital improvements at the ballpark. The result of the negotiations includes the items before you tonight including, first, a new 20-year lease agreement and then second, a development agreement. First, on the 20-year lease agreement, it would be effective January 1st, 2014 and includes two five-year options to renew. The new lease will require the Bulls to be responsible for all operating costs and expenses. Revenues received will generate revenue streams to provide for debt service and capital improvements. City general funds no longer required to support the ballpark day-to-day operations and the club will pay a base rent of $125,000 per year plus applicable additional rent per the lease contract that's been negotiated. The club will pay for utilities and be responsible for the implementation of a preventive maintenance plan and all repair and maintenance up to $200,000 per year and that would be adjusted with the CPI. Leases over 10 years such as this as this require the city to follow the statutory upset bid process, the general statutes number 168-269. The second part is the development agreement and this will serve as a roadmap for implementation of the deferred maintenance and new improvements at the ballpark. The agreement provides for the following. First, $6 million worth of deferred maintenance work which will be coordinated by the Bulls club organization. The city will cooperate with that and also the city would pay for a $6 million of new improvements which would also be coordinated by the Bulls in the city. This supports the AAA ballpark to its standards and it supports the revenue model that has been negotiated. The city's responsibility for all of these improvements both deferred maintenance and new improvements will be kept at $12 million and the club will pay costs, any costs in excess of the $12 million of the improvements that are outlined. Also under the development agreement the city will contract for design services with Routon Nicholson DeLuca and construction management at risk services with Lynn Lease and the city will also provide a direct purchase in order to accelerate long lead items such as the new ballpark lights and the ballpark seats. The club's minimum investment in the ballpark cap improvements would be $2 million. Thank you. Mr. Mayor could I ask Mr. Boyd to come up just briefly give a quick summary of the net impact of the revised revenue model on the city run. Good evening David Boyd, finance director. Over the life of the agreements the city should enjoy savings over the current arrangement of more than $7 million which would if you discount for interest rates present value that's just over $4 million in today's dollar savings. Dave could just talk about what you are looking at in terms of an annualized basis what we might be thinking about or what you are looking at in terms of any savings. It's roughly $200,000 a year of operating and debt service savings and then some sporadic savings built for differences in timing of when capital expenditures would occur. Well again like the previous arrangement trust has been built on experience. We all have been fortunate to have had capital made type of investment they've made in the Durham Bulls and I'm sure the city and my colleagues will agree that we've been proud to have an opportunity to be partners in this arrangement. Like all arrangements if it's a partnership you're sharing the good times and the bad times and hopefully we'll see a lot more good times when we see bad times but nonetheless it's built on again the experience we've had with this club, with this organization in the city and the fact that the fans not just in Durham but throughout the region have supported it and no doubt in my mind that with this arrangement we'll continue to get their support and we'll be able to enjoy a much better ballpark all of us are seeing pictures of what's being planned for the improvements and there's no question in my mind it's greatly going to add to the excitement that people see when they come to the ballpark for the game so obviously what I'm saying is I support it but about the same talking my colleagues may have some comments they want to speak to recognize the mayor pro term. I just want to talk about the economic impact and George you really need to give us some updated figures because Shelly could only find figures from 2009-10 but in that year visitors spent $24.1 million in Durham which generated $587,586 in tax dollars to the city and county but that's not all let me just share some more good news it has been computed that the impact of the upcoming AAA all-stars game to be held in 2014 will bring in 3.3 million in visitor spending so we really appreciate what you're doing. Keep on. Any other comments, questions? Recognize Councilman Shul and Councilman Moffitt. Thank you Mr. Mayor. I just wanted to say that I think we ought to recognize that tonight aside from all the great proclamations is really a kind of landmark in the sense and I want to thank the manager for you know we're taking these two incredibly important community assets. We've got great operators in both of them. We're keeping those arrangements, we're extending those arrangements and at the same time part of those arrangements are to keep these facilities in great shape over a long period of time and I know that that's been one of your goals Mr. Manager ever since I got on the council is one of the first things we talked about over a year ago that you've been working on it and just want to thank you and the staff as well as our partners but especially you for persevering through this I also want to say Mr. City Attorney for your staff you know when I read through these 75 page legal agreements my eyes glaze over but I know you all do them and thank you so much for the care that you give to that. I know it's a reckless task but valued by all of us but I do think it's really an important night for us. I mean we're moving something forward that's really important for our community over the long term so thank you Mr. Manager. Thank you Councilor Stewart. Recognize Councilman Moffitt. Thank you Mr. Mayor. I want to take up for a moment just a little broader recognition and say that the stadium, the bulls tightly linked and that's capital broadcasting has been a great partner for Durham. For many years they were a first mover in downtown redevelopment and it's a partnership in the true sense so I'd be happy to move that. I mean I think that this is also, I've looked over it very carefully, I think that given all the alternatives that this is an excellent arrangement for the city to be in and I'll be happy to move the item. Before I, I recognize Councilman Brown and the City Attorney. Thank you Mr. Mayor and Councilman Schull I really appreciate your comments. Since you brought it up I do need to recognize Fred Lamar who drew the short straw for having both the D-PAC and the D-Bap coming at the same time with a lot of pressure. We flipped a coin and he lost. I didn't show him whether it was a double sided coin or not as to who was going to make all the calls back and forth to Mike Hill but I really appreciate all the work that you've done Fred and Mike as well. It was a lot of work with a lot of time pressure and thanks to the administration for your assistance as well Mr. Manager. Recognize Councilman Brown. Thank you Mr. Mayor. I just want to enhance the consensus of my colleagues. Yes indeed this is a very important night and the fact that we're going to be here because we haven't voted on the ballpark yet George so don't jump up and down yet but we're probably passing these two public ventures and extending the lease on both of them I think really speaks well of us as a city and Alcander as a council and with the leadership of our mayor and others we're definitely moving Durham forward yet again because both of these public buildings enhance the livability of our city and yes they are profitable but they would not be perhaps as much unless we had the management team that we do that's gathered here this evening so I very proudly support the extension of the leases on both of these public ventures. Thank you. I understand the motion on the item. It's been a proper movement in the further discussion hearing un-called question about a vote please close the vote. It passes five to zero. Again I would like to recognize I see Michael Goodman if I care to come forward than anybody else from the Bulls organization. Good evening Mr. Mayor. Council members Michael Goodman 3900 Hope Valley Road. I actually moved here about a year ago by the way it's been nice anniversary present you gave me here. I'll tell you I couldn't be more proud to be here today. Going back to when we bought the Bulls in 1991 and the work and effort we put into together to get to where we are today and now to see that commitment extend even further is really an amazing thing and the manager's been amazing to work with we've got a jewel there so thumbs up Tom thank you and Mike Hill you know Mike Hill has done more for this community probably anybody and he really made it happen on this one. I don't know I'm just excited I'm so proud to be a part of this damn community I'm sorry I shouldn't cause I'm so proud to be here in Durham I'm so proud of where we're headed and I really really am excited to see a council that understands the fact that our community is passionate we look forward we reinvest and we know we're never done and if we do that we can't be beat so I appreciate it. Okay we'll move to the next item which is the first quarter 2013 first quarter crime summary report recognize police chief Jose Lopez. Thank you Jose Lopez during police chief. Thank you Mr. Mayor council persons city manager city attorney. Tonight I want to discuss the during police departments 2013 first quarter highlights and crime information this report covers the department's six performance measures violent crime property crime part one index crime clearance rates response time to priority one calls and staffing levels. The executive summary also includes additional information about significant accomplishments and highlights during the first quarter. There were several highlights during the first quarter one of the main highlights was that the total part one crime was at a 14 year first quarter low in 2013. In February investigators arrested four men in conjunction with a series of armed robberies which occurred during the end of 2012 and into the first quarter of 2013 during the first quarter we moved to a new police substation district 4 on south Miami Boulevard the new substation is much larger and allows us to have all of the district units in one place. Our domestic violence unit has moved into the old district 4 substation on Fayetteville street and we maintain a presence there. Our property and evidence unit also moved into a new central location the substation one on Holloway street. Before the move the unit was located in four locations across the city. The move was to one centralized location will simplify procedures free of space at the police headquarters for other units and also provide more efficient customer service. Part one index crime was down 4% compared to the first quarter of 2012. The number of reported burglaries and aggravated assaults were down significantly in this quarter. Violent crime dropped 12% during the first quarter compared to the same time in 2012. Although robberies were up during the quarter investigators cleared numerous cases. The arrest of four men cleared 23 armed robberies during the last quarter of 2012 and the first quarter of this year. Most of the robberies were from businesses and these arrests were the result of many hours of hard work by our officers. You'll find more detailed information about these and other robbery arrests in the executive summary. This chart shows the first quarter part one violent crime statistics over a three-year period. There were four homicides reported during the first quarter and arrests have been made in two of these cases. There have been eight homicides reported year to date with the rest in three cases. It does not appear that any of these cases so far involve domestic violence. The FBI expanded its definition of forcible rape for the UCR code purposes and the category of forcible rape starting on January 2013 now includes some offenses that have not been included in prior years and that will affect our numbers. We have been receiving reports from prior years and we believe that maybe because people feel more comfortable reporting the crime to investigators with our special victims unit. The number of aggravated assault victims dropped by 30% while the number of actual incidents dropped by 20% from 158 in 2012 to 127 in 2013. Reported property rate property crime was down by 3% during the first quarter. The decline was due to a large drop 15%, 16% in the number of reported burglaries. We believe that part of this was a result of our RAP initiative which was started in the fall of 2011. Our crime analysis unit recently analyzed the RAP results and determined that burglaries were down by 79% and all incidents were down by 58% in areas where RAP campuses were done. We believe that residents in these areas were more aware of the risk due to the canvases and as a result were locking their doors and being more proactive in calling 911 to report suspicious activities. We have had situations in which the RAP has helped investigators identify possible burglary suspects and we believe that this program has helped prevent additional burglary crimes and that this program is a trendsetting program in law enforcement. We did have an increase in motor vehicle thefts during the first quarter. Investigators recently arrested two men we believe stole several cars, mostly Honda Accords during the first few months. We have also continued to focus on metal thefts which do affect our larceny numbers. Officers made several arrests after people called 911 to report suspicious activity. The FBI clearance rates for cities the size of Durham with the population of 100,000 to 250,000. The 2011 FBI statistics are the most current ones available. The Durham Police Department's clearance rates for part one crimes were above the average clearance rates in all part one crime categories for cities our size. Our sworn staffing positions were filled at the end of the first quarter of 2013. A basic law enforcement class graduated in February with 18 new Durham police officers and we currently have a basic law enforcement class in session. Our staffing levels have been at the highest they have been in some time and has allowed officers to do more directed patrols and proactive police work. Our non sworn staffing level at the end of the first quarter was at 93% with eight vacancies. The Durham Police Department recently started an official Durham Police Facebook page to share news and information with the community. We launched it at the end of March. We have posted crime information as well as information about event initiatives such as speed enforcement operations. We hope to use this as a way to share our good work with the residents of Durham. Be sure to like our page so that we can get the latest news from our department and so far we've got 639 likes. So I'm pretty sure after tonight it will be over a thousand. Also as a reminder Thursday at 630 here at City Hall we have our commendations award ceremony and everyone's invited. Thank you. Chief first I want to congratulate you again for the report and I guess one of the areas that I had a comment about one has to do with your clearance rates and you know it's good to see that you guys are clearing crimes at the rate you are. I mean when you know we don't expect you to stop all crimes but when the crime has been committed we look to the police department to solve it. So when I see homicides 100% clearance in the first quarter you need to be clear on that. Now we've had a couple other homicides this quarter and you can speak to that if you like but I just hope you're successful in clearing those when you give your next report. The other had to do with motor vehicles theft. I mean what can we do about that? I mean that's been climbing in each year 117, 154 and 186 what do you think is happening there? We've been educating the public relative to what they can do as far as securing their vehicles and one simple thing is don't leave the keys in it don't leave it running even for a minute it's too long running at their convenience store a lot of them are taking with the keys. There are also some certain vehicles primarily some Hondas of the later years that quite frankly individuals have to go a little bit beyond just locking their doors they may have to put in alarm systems and we've been notifying people in reference to that putting it out on our web pages now on Facebook when we communicate with the community through our crime prevention. But they're still going I guess my question is I see 117, 154 and this quarter 186 so in spite of the education people are still getting a well you also have individuals who that's basically what they do is steal cars they wind up back in the city especially in our community we wind up seeing a spike and sometimes as we have done this quarter we go out track them and then get enough probable cause to get a warrant for their arrest and we've arrested a couple and taken some of the tools that they carry around that facilitates stealing these cars. Well let me ask it another way when you investigate the vehicles that have been stolen do you keep a track of how many were stolen because somebody left the keys in the cars versus something else I mean that to me would be. We would have to look at the reports but I'm pretty certain we'd be able to tell you I'd like to see that because that's the kind of education I think if in fact you found a majority that's happening because people leaving keys in the cars I mean maybe you need to be getting that out a lot stronger but I'd be interested in a breakdown on that. We do take it very seriously when we recover these vehicles we do whatever forensics we can on them we do send prints out to be analyzed we do follow up and make arrests and sometimes a car was stolen a few months before and because of the forensics investigation and the follow up of the detectives we're able to make an arrest and charge someone with it. Chief could you also prepare like for me to send to the council just a kind of graphic of the city limits and where the car thefts are we think they should be able to put something together for you. They're coming from that may also be helpful. The other thing I was going to mention I did attend the ComStat meeting with you Friday morning and I do think recall one of the reports indicating that a number of the thefts were motorcycles scooters that fall into the category of vehicles I don't remember the exact number that was used but it seemed like there was a certain fairly substantial percentage of the thefts were those I'm not saying it's the majority but more than I had expected to kind of add into that number. Well I'm glad you mentioned it because that is true these scooters are becoming very hot commodities pretty easily taken I think some are even carried off and so we're working hard to make sure that we can get the numbers put them in NCIC and try to track them and see where they're going so we do follow up on our investigations in order to find out where these vehicles are going. Many of these vehicles we recover them within a day because they were basically a joy ride. And I ask the mayor pro tem to speak. Thanks for the report chief. I have a concern about the youth arrest in juvenile petitions who follows in the system our youth? Is Gudrun Palmer in her group or who is working right now we have the becoming program which is through Alliance with us and they're tracking 16 year olds to 21 year olds and working with them trying to give them wraparound services. But then there are some under 16 that I'm looking at here and I'm just wondering who's you're talking about that's through the juvenile justice. Okay. They're the ones who would be monitoring doing following up following. Yes tracking. All right. Thank you. Recognize Councilman Schuyl. Chief the numbers are continuing to look good they continue to look better so congratulations to you and congratulations to the staff just wanted to mention that a couple of things. First of all I was at the memorial service with the mayor pro tem and Diane and Don and it was a very moving experience to be there and I wanted to pass on to you and other members of the department who helped organize it that it was extremely meaningful and thank you all for inviting us. Thank you. Just a couple of questions. Small items but caught my attention on page 4 of the report 12 firearms violations by 15 year olds. This was on not on the power point but on the on the big report. I was just amazed by that. I mean there was kind of a spike and I was just can you tell me anything about that. What is a 15 year old doing with the firearm and you know where they get it. Do they get it from their parents or how does that sort of thing happen. I think they've got too many avenues right now where we have too many insecure firearms that you come available to them also individuals at the home who don't secure it. Parents who don't realize that if their kids brings a firearm to the house and he's 15 years old he shouldn't have it. These are the things that we encounter at this point in time relatives who know and don't speak out and don't say anything reference to it. Yeah. Well that's a really disturbing thing to see and my next question is this about the group of people who were committing robberies led by Mr. Alston Curry and you mentioned him already or you mentioned this responsible for 21 robberies over about an 18 month period and I was just wondering how does that happen in the sense that how come it takes so long to catch someone like that when they're committing robberies over and over and I don't ask this critically but I'm just wondering what is it. Is the person just extremely good at it and they know how to get away or without giving way too much reference to give others ideas I have to say that sometimes it just takes finding the right break tracking them to the different locations getting some forensics back. There's a whole lot of other things and then also in this particular case I could speak to it offline reference to it so that you know what it was that took a while but still considering the amount of robberies that they were conducting the amount of individuals the way they were changing things up I think that the investigators did a very good job in tracking them pretty quickly. Great. Another one of the details there's a Mr. Turrentine arrested three times in the first quarter for burglary and I was wondering what happened between each attempt was he out on bond during each attempt or what was the reason that he was I'd have to sit down with that particular case to really review it. You know my concern there is that well you know what my concern is I do think it speaks to a need for and this is not a city government matter it's really for the crime cabinet or for the county government but I really so wish we had a more effective and well funded the state has really dropped the ball on this but pre-trial program. We have such good pre-trial people here in this community the Mayor Pro Tem mentioned Gudrun Parmer and you know people in her shop and we have a lot of ability I wish we were doing more so we could identify people who were going to be a risk as opposed to people that were not going to be a risk and I know that's not something you can change but I do think that the community ought to be aware of the fact that I think we're under resourced in that way and then I wanted to just say congratulations to the department on what I read about the Scotland manner the approach that you took there the kind of comprehensive approach I thought that was great as well as the successes of the WRAP program and I was especially inspired by the story and you included about Officer Timothy Duke saving the life of a six month old child that was inspiring to read and I'm sure it's a result of not only his own decisiveness but the training that you all give your officers and I just wanted to congratulate you and the staff for the report and it was really it's always I really if you could enjoy reading these kinds of things I enjoy reading these because it really gives a lot of detail about the work that you all do and I really appreciate you all putting these reports together for us. Well you'll be seeing a lot more of that on Thursday as far as those events that these officers do many of them they're not looking for any fame they're not looking for any notoriety and so sometimes it gets a little difficult to identify them in order to properly award them but they're out there doing a good job every day I truly appreciate them and I'm honored to be part of this organization. Thanks chief. Recognize Councilman Brown. Thank you Mr. Mayor thanks for the report. Chief we've talked about this before in the past and that is the perennial problem of recovery and can you tell us how that your renewed focus is coming I hope I read it wrong but I saw where there was ten thousand dollars worth of copper stolen from a building of Paris Street. As much as we've been working towards with the recyclers here in the city we still also conduct investigations identifying places where they're being received and next quarter you'll be hearing about an arrest that we made on Austin Avenue reference to someone who is an unauthorized recycler and apparently what they're doing now is they're realizing that in the city of Durham you're not going to be able to sell this stuff so there are other people who are either through the black market making those purchases and reselling them and taking them out of state and we're working very hard to identify these individuals identify where they're going in order to put a stop to it. Okay so in summary you think we've made progress in terms of the local dealers I think we've made great progress as far as a local dealer I don't think you're going to get past them with it they really see the value in it and not purchasing this material in a way and also we're working very hard with the communities who are calling us it's not an uncommon thing to have someone calling and saying I just saw somebody climbing under a basement of an abandoned house and getting us there so that we can make an arrest and actively get someone who's in the process of hacksawing some copper and removing it from a house. Now how is the criminal justice department handling those who steal copper? We're putting them through the system I really wouldn't be able to speak to that I haven't been sitting in court to watch it the city gives me focus another way but well if it's still going on which obviously it is hopefully that people will wake up and start considering this to be what it is and that's a very serious criminal activity that it is. Thank you. Okay are there other comments questions? If not thank you. Thank you. We'll move to the general business agenda and public hearings, assessment and improvements. Item 19 public hearing for confirmation of assessment roles. Named in Mayor Bell and members of council I'm Nathan McKenry with Public Works. Item number 19 is for the confirmation of assessment roles for water main improvement that's been constructed for Donphill Road and also the sewer main improvement that's been constructed for Hersey Street. Sasha Galago has objected to her assessment for the water main construction on Donphill. Staff recommends that the city council confirm Hersey Street assessment role and the Donphill Road assessment role except for the Galago property and continue the public hearing for this assessment without further advertising and refer this assessment objection to the June 17th 2013 city council meeting for further consideration. Thank you. This is a public hearing. The public hearing is open for staff report. We'll answer the comments, questions and members of council. Is there anyone in the public who would like to speak on this item? This being a public hearing item. I'll let the record reflect that no one else has to speak on this item. Might as well forward to her staff recommendations. Is that what you're doing? That's been properly moved to second. Madam Clerk, we open the vote. Close the vote. It passes five to zero. Moved item 21 FY 2014 stormwater rate increase. Good evening Mayor Bell and Council. I'm Paul Weep, the assistant director of stormwater GIS services in the Public Works Department. The item before you is a motion to conduct a public hearing on this FY 2014 stormwater rate increase and to adopt an ordinance to change the fee schedule, revising those rates effective July 1, 2013. The public notice and proposed rates were advertised in the Herald Sun on April 17th and the 24th and posted on the city website April 8th and in the Lobbying City Hall on April 10th this year. The proposed rates will raise the annual stormwater fee for residential customers from $2.85 per year to $11.82 per year. The proposed rate will generate. Paul, could you clarify that? That's the range of the increase. That is correct. That is the range of increases yearly for the residential tiers from $2.85 to $11.82 for tier 3. I think we all heard that. The proposed rate increase will generate slightly over $1 million for capital improvement projects to go towards our Stage 1 reduction goals for Falls Lake and Jordan Lake. That completes your staff report. That completes our, sorry. You've heard the staff report. This is a public hearing item. We'll ask the first of the questions by members of the council. Why are our fees so much lower than these other jurisdictions? Are we truly recovering the cost to ourselves? We are. We're recovering in terms of our fee work. We're receiving 98% of our billing on an annual basis. So then my first question is why are our fees lower than these other jurisdictions? Do we have a thought about that? That I can't say. We're still somewhat in the middle of the pack with stormwater rates. That I can't speak to directly. We're happy that they are. It's good. It's a good thing. I guess my concern was, are we truly recovering the cost and you're assuring me that we are? We are. Okay, thank you. Although the questions are members of the council, I can ask the Mayor Pro Tem. I don't know if I should ask you this or the clerk's office. Do we advertise in the Carolina Times? I know a lot of folks don't read the Herald. We advertise boards and committee openings only, Mayor Bill. Mayor Pro Tem. Okay, I'll talk to you about that offline. Thank you. Again, this is a public hearing item. I would ask if there are no further questions from the council, is there anyone in the public that would like to speak on this item? I'll let the record reflect that no one in the public wanted to speak on this item. I'll declare the matter to be closed as a matter of fact for the council. Move the item. It's been properly moved in second. Madam Clerk, will you open the vote? Close the vote. It passes by. How does it run? Thank you. We move to item 23. Update on the water and sewer capital fees. Good evening Mayor Bell, members of the council, Dawn Greeley, Department of Water Management. The item before you is a proposed update to the fee schedule for new water and sewer connection charges. The proposed fees cover the city's cost for these new services. The proposed fees would go into effect July 1st. Welcome to any questions at this time. You've heard the staff report. Recognize Councilman Schuyl. I have the same question. Here our fees are really lower than our comparative group. They're phenomenally lower. Are we covering our costs with this as well? Yes, we are. I look at Cary. Their range is wide. Tell me about why you think that might be. I'm just looking on page 2 of the memo, Dawn. Councilman Schuyl, I believe that's the next item that's coming up. Okay. This is just for the connection charges. The next item coming up is the capital facilities fee. We'll all answer that question at that time. Okay, great. There are other questions. Again, this is a public hearing matter. Is there anyone in the public? Let the record reflect no one in the public asked to speak on this item. Matters of fact, for the council. It's been properly moved in second. Madam Clerk, we open the vote. Close the vote. That's why I didn't see one. Item 23 is an update to the Water and Sewer. Once again, I'm sorry. Don Grayley, Department of Water Management. Is the update to the Water and Sewer facilities fees? These fees are charged to new resident, new homes and new businesses as they connect to the city. The intent of this charge is to cover the increased costs for us to build facilities to provide treatment both on the water and the wastewater side as appropriate. The fees are set as part of analysis that we do with our financial rate model with the Water and Sewer fund to set the fees to meet our long-term needs as we estimate them. Before we do that, because I think Councilman Schuhl was on item 22 and he was comparing. So you might go ahead and try to answer that question. I think... Sorry, Mr. Mayor. Thank you for correcting me. I apologize. Well, you want to answer the question now? I'm about to... We realized that our fees are still lower. Each individual utility has different costs depending on what their upcoming needs are as far as the capital projects that they have at each utility. Ours are set via our financial rate model to look at what the increased costs for us to increase that additional capacity at our plants. And Mr. Mayor, in continuing my confusion, do you mind if I ask one more question? I'm sorry. I got a couple of items mixed up. Apologize. I don't know if it was the large number of proclamations or not. It must have been our poster winners. It was. I apologize to you, Don, and to the Mayor. But just going back to item 21, the stormwater rate increased. Just one question about that. In the rate model overview for the storm water increase, you've got two point...in the out years, you have a 2.0% increase level in the rates. And that just seemed awfully low. And I wondered if you felt that that was a realistic...is that a realistic yet...so now Marv...and I guess that's for you. Is that a realistic kind of projection? It seemed awfully low given what the rate projections are prior to that. And I apologize for this being a tardy on the agenda. Sure, Marvin Williams, Director of Public Works. With the rates in the out years for the stormwater model, we're projecting handling most of our capital improvements in the next three to four years. And once we get to those out line years, based on what we know now as far as requirements, we believe that we can start lowering the rates in those out of years. So that's why you only see the 2% increase proposed. Thank you very much. I will not go farther back into our agenda, Mr. Mayor. I just want to far back someone. I apologize. Thank you. So we're now back to your major presentation. Yes, sir. And we're asking a minimum of questions. And we would ask are there any questions from the public? I recognize that no one in the public asked to speak on the side of him. All the clerk's public hand is closed. The matter's back before the council. Second. It's been properly moved. And second, Madam Clerk, will you open the vote? It passes five to zero. Let me ask about the other items that come before the council before we move into closed session based on the prior data about a city attorney. If not, do you expect any action to come out of this? I do not. Okay. Based on that, the meeting's adjourned and we're moving to closed session up in the city council conference room. Mr. Mayor, can we get a motion to go into closed session? It's been properly moved. And second, Madam Clerk, will you open the vote? Close the vote. It passes five to zero.