 We'd like to call the Durham City Council meeting to order Monday, June 16th at 7 or 2 p.m. And certainly want to welcome all of you that are here with us this evening. If we could just take a moment for silent meditation, please. Thank you. Ask Councilman Brown if he would lead us in the pledge. Ask the clerk if she would call the roll, please. Mayor Bell. Present. Mayor Pro Tem Cole McFadden. Councilmember Brown. Councilmember Cattati. Councilmember Davis. Councilmember Moffitt. And Councilmember Shul. We have three presentations to make this evening. The first recognizes Parks and Recreation and would ask the director, Rhonda Parker, if she would join me and anyone else that she'd like to bring. The resolution speaks to the fact that Parks and Recreation programs are an integral part of communities throughout this country, including the City of Durham, whereas Durham Parks and Recreation program is vital important to establishing and maintaining the quality of life in our city, ensuring the health of all residents, and contributing to the economic and environmental well-being of our city and region, whereas Durham Parks and Recreation programs, including athletics, summer camps, special events and outdoor recreation, build healthy, active communities that aid and prevention of chronic disease, provide therapeutic recreation services for those who have mental, developmental, physical disabilities, and also improve the mental and emotional help of all residents, whereas Durham Parks and Recreation programs increase our community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction, whereas Parks and Recreation are fundamental to the environmental well-being of our community, whereas Durham Parks and Natural Recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife, whereas Durham Parks and Recreation, natural recreation areas ensure the ecological beauty of our community, provide a place for children and adults to connect with our nature and recreate outdoors, and whereas the U.S. House of Representatives has designated July as Parks and Recreation Month, whereas the city of Durham recognizes the benefits derived from Parks and Recreation resources. Now therefore, I, William V. Bill Bill and the University of Durham, North Carolina, do have our proclaim July 2014 as Parks and Recreation Month in Durham, and hereby urge all residents to take special note of this observance by visiting our parks, participating in programs and special events throughout this month. With my hand, the Corporate Associate of Durham, North Carolina, this is the 16th day of June 2014. I'd like to present this to Rhonda for an economist she might have. Good evening. Thank you, Mayor Bell, Mayor Pro Temp, City Council, and City Manager for acknowledging this national designation. Residents of Durham and colleagues since 1985, America has celebrated July as Parks and Recreation Month, the official. This recognition provides us with an opportunity to raise awareness in the Durham community about the value of parks, recreation, wellness, fitness, activities, and sports for the whole family. Did you know that Durham has held the playful city USA designation by Kaboom for the last six years, and that DPR is one of seven parks and recreation departments in the state of North Carolina that is nationally accredited. Also, I have to take this opportunity to recognize our Recreation Advisory Commission. They would stand. We have two of our representatives here tonight. We have Lauren Darden and Kathy Brennan. And of course, Councilman Steve Shul is our liaison from the council. But they represent all residents in advising us and the master plan community concerns and support for community organizations. They are city council appointed and they attend community meetings, packs, and volunteer community events. We want to thank them for their efforts and for their hard work, because we do work them hard. Lastly, I wanted to tell you about two, three upcoming programs that you can take advantage of for the whole family. We have the Rock the Park concert movie series in the parks, and the cards are at the front table by the door. And this is what they look like. So please, it's something for the whole family. And also, we have the July 4th at the DBAP, which is for the whole family. Activity start at 6 p.m. You can go on our website at www.dprplaymore.org. And also, our summer camp started this today. And we'll be serving over 1200 plus children in the city of Durham. So we hope that you'll come and check us out and enjoy and play more with DPR for this summer. Thank you. The Forensics Services Division of the Durham Police Department was officially accredited in their Forensic Inspection. This is a major achievement that, in addition to the police department's recent re-accreditation by the Commission on Accreditation for Law Enforcement Agencies, known as CALEA, in which the department earned the very prestigious gold standard. Angela Shuff, the Forensics Services Manager, is here tonight. And I'd like her to join me to acknowledge the staff who contributed to Forensics Accreditation and to explain how the achievement of Forensic Accreditation enhances public safety services. This is especially relevant to tonight's council meeting, as accreditation requires additional forensic staffing to help ensure the quantity and quality of forensic processes. So I'll turn this over to Ms. Shuff for her comments. Thank you, Mayor, Council Members, City Manager, the police command staff, and citizens. Without the continued support from all of you, we could not have achieved this major milestone. The Durham Police Forensics Services Division is the first crime scene unit and crime lab unit in North Carolina to achieve this particular accreditation using international standards of forensic inspection. Since I became Supervisor of the Forensics Unit in 2006, we have had a plan to expand and improve forensic services in Durham. Our goal has always been to improve the quantity and quality of service to our customers. This accreditation certifies that in our area of expertise, which are latent print processing, latent print analysis, firearms and toolmark analysis, digital forensics examination, and crime scene investigation, we can offer top notch performance to this community and help make Durham a safer place to live, work, and play. Our quantity and quality have already improved as evident in our latent section statistics. Since hiring a second latent examiner in January of 2014, the section has examined 8,983 new finger and palm prints and identified over 300 people, including 151 suspects. This is already a significant improvement over our numbers produced in 2013, where we had only one latent print examiner. The information produced by our division is given to the department detectives faster than ever before. By the end of 2014, we expect to significantly impact clearance rates for cases involving forensic evidence. The funding of our second supervisor position, as the mayor mentioned, is being voted on tonight, is another instrumental part of our plan. This position will help manage the increased personnel and larger case load, help us maintain our accreditation and conform to state law. The criminal justice system and the citizens of Durham can be assured that the highest quality of forensic science is being produced here in the Durham Police Department. Lastly, and most importantly, I must recognize the fine division employees that work hard every day and have endured numerous policy and procedural changes, additional administrative duties and countless hours of training in order to achieve this accreditation. Some of them are here tonight, and I would like to recognize them. We have Forensic Supervisor Allison Hutchins, Crime Scene Specialist Heather Madry, Crime Scene Investigators Andrea Hinesley, Courtney Gordon, Jeanette Covey, Joy Narowski, Hillary Sheaves, Tanisha Jones, and Jackie Hormann. We have latent print examiners Lindsey Kincaid, Clinton Bab. Our Assistant Chief John Peter, and our Chief Jose Lopez. Thank you. In particular, I'd like to recognize Forensic Supervisor Allison Hutchins. She serves as our accreditation manager, and she worked tirelessly for every year to prepare us all for our site visit where the accreditation assessors inspect our workspace, examine our procedures, and interview our employees. Allison worked an average of 55 hours a week for most of that year, calling and visiting with other agencies, writing policy, and preparing staff for the accreditation process. I'm very proud of all of our employees, their hard work and dedication to our customers as evident in their work product and ethic. When it's time to go home, they stay late to analyze that last piece of evidence, those last five fingerprints, or the three cell phones that may help to identify a victim or solve a case. Again, we thank you all for the recognition and the enduring support, so we may continue to provide the best quality crime scene investigation and forensic casework in North Carolina. Thank you. We certainly appreciate all the work that you and your staff do for our city, and particularly, I talked about the certificate of accreditation. You've seen it, but I just want to make sure the public sees this and the council sees it. It says the certificate of accreditation, ANSI-ASQ National Accreditation Board, slash FQS at 5300 West Cypress Street, Suite 100, Temple, Florida. This is to certify that Durham Police Department Forensic Services Division at 505 West Chapel Street, Durham, North Carolina, 277-101 has been assessed by FQS and meets the requirements of International Standard ISO, slash IEC 17020-2012 while demonstrating technical competence in the field of forensic inspection. Refer to the competent scope of accreditation for information regarding the types of inspections to which this accreditation applies, and it has a certificate number and a sign and its FQS approval on a certificate valid 10-16-2013 to 10-16-2017 and it was issued October 16, 2013, and I'll present this again to Angela and again for the public to see. In June of 2004, Durham One Call was created in the city manager's office and had to mantra, Durham One Call does it all. 10 years later, after answering thousands of calls and creating numerous service requests, Durham One Call is still doing it all, and then some. During this third week of June, Durham One Call is celebrating 10 years of service to the Durham community. Please join me in congratulating Durham One Call in this very significant accomplishment, and I'm going to ask Marcel Bronner, the Durham One Call manager, to join me in the podium to share some of the accomplishments of Durham One Call and some of the exciting events planned for this year. Marcel. Thank you, Mayor. Good evening. Good evening, Mayor Pro Tem and City Council members and our esteemed colleagues. My name is Marcel Bronner and I am very, very pleased to say that today and beginning this week, Durham One Call is celebrating its 10th service anniversary with the city. And before I go any further, I'd like to bring up the team. Please come. We have most of the team that is joining us and many of you may or may not know, many of you may not know, but we have of our team, we have four members that have been with One Call from its inception. So, we have just a brief snippet that we'd like to show, a video, a video, that's so cute, on Durham One Call. You have questions about City of Durham services? Can I pay my water bill online or by phone? Where do I report a pothole? How do I report a miscarriage pickup? Durham One Call does it all. Serving the city for over 10 years. 919-560-1200. Durham One Call is responsive to the needs of residents by reducing the number of non-emergency calls to 911, decreasing the volume of incoming calls to departments, increasing productivity within the departments, and improving accountability. Listen to what one Durham resident has to say. Well, I would say that Durham One Call is, to me, it's a connector between the citizens of Durham and the city employees who are eager to help maintain Durham as an exceptional place to live. Call and speak with a well trained contact center representative who will answer your questions or direct a service request to the appropriate department. Durham One Call has technology to better monitor city services performed by our departments. Durham One Call is open from 8 a.m. to 6 p.m. Monday through Friday except holidays. There is also an online service request form that allows you to request services 24 hours a day, seven days a week. To help those who visit City Hall, a Durham One Call representative is located in Delano. Bilingual English Spanish speaking representatives are also available to provide assistance. Our mission is to serve the community through outstanding customer service. Who are you going to call? Durham One Call does it all. Alright, so you kind of got a little snippet about what goes on with Durham One Call and what I'd like to share with you is that from 2004 to June of 2014 we have serviced 3 million residents in the form of calls, service requests, or walk-in visitors into the lobby. And these individuals here have been the ones that have been key to that success in assisting the residents. Abdul Farrakhan has been with us from the from its inception. Edomir Palamo is a member of the team and been with us for some time. Arnetta Lee has been with us from the inception of the team. Mona Moore is the supervisor of the team. Jackie Liggins. Yes, Jackie Liggins is a member of the team. And Ethel Blacklin has also been a member of the team from its inception. And so we we are very very proud and pleased to be able to serve the Durham community and we have three bilingual representatives and the option for you to access one call by pressing one for English, two for Spanish, three for pay your war or storm order bill by phone. So with that, we thank you for your time and we look forward to continuing to provide how could I ever do that? And one more representative, Myra Holloway. The love of my life. I couldn't forget her. So we thank you for allowing us to continue to serve and to provide superior service and support to the residents and stakeholders of this city. Thank you. Here are our times first by the city manager. Thank you, Mr. Mayor. Good evening, everyone. Priority items this evening. First on the agenda, a minor correction. Agenda item number 33 needs to be moved following agenda item number 32, that public hearing. Agenda item number 36, which is the CIP ordinance amendment Riverside on the Eno failed development reimbursement. This is a supplemental item from addition to the items you saw at the work session. And then finally the review and response regarding recommendations of Durham human relations commission and civilian police review board regarding police department matters have added or have provided the council with a memorandum in this regard outlining the procedures by which we will be reviewing and responding to those recommendations. And that item has been added for the public record to this agenda as a part of my priority memorandum. Entering a motion on the city manager's priorities. It's been a property move in the second. Madam clerk, we open the vote. Close the vote. It passes 7-0. Recognize the city attorney. Thank you, Mr. Mayor. No priority items. Likewise, the city clerk. No items, Mr. Mayor. Okay, in that case we will proceed with the agenda. I'm sorry. I apologize. Announcements by the council. Recognize the mayor pro tem. Councilman Moffitt. Councilman Cotate. Councilman Brown. In that order. I'd like to acknowledge the work of Miss Thunder Bradger. This is her last meeting with the city council. She is retiring. After how many years in city government? Stand up. Yes, stand up. She has persevered. So it's now time for her. Yes, so you've worked over 30 years in local government and so we applaud you for this. We will miss you and of course you can't leave until we have a replacement. But thank you so much Linda for your service to the city. Yeah, I want to add my congratulations also. All of us come in contact with various members of the city government and city administration but the clerk's office is one of the departments that we probably have more every day type contact with and certainly Linda is one of the key persons that we have an opportunity to exchange information, ask for requests and she always takes it and strides no matter how harsh or how demanding it might be. She takes it and strides. Now, for Linda, I appreciate that. You got another comment? Mr. Davis and I attended the prayer visual this afternoon, stopped the violence and we were pleased to see the morticians, a part of that especially those from Fayetteville. They sincerely prayed for this city and those of you who believe in prayer need to pray for it too. I know I will pray for peace and understanding among people and I thank them for carving that time out for us. Thank you. Recognize Councilor Moffitt. I wanted to ask a question and then make a statement. Question I wanted to ask has to do with the city manager's priority item. It's not in the normal flow. Would there be opportunity? I know there's some people that are. I apologize, Don. I was asking the city manager something. Yes, I was just going to ask if there's an opportunity for citizens to comment on the manager's priority item regarding the memo. Let me let me do this. I want to be clearly from the mayor's view point. This is not a public hearing on this item. We haven't heard the we've received the report. I'd like the public needs to hear it and that's the proper time. We might recognize persons, but this is just not going to be a public hearing on this. We've had the public hearing the manager's first phase is to present his timetable and I think there's going to be an opportunity for the public to comment on what of the manager's report is back to the council. So if persons have signed up, I'm just going to take a point of privilege and try to decide how we get responses to what the manager said. I appreciate your raising that point, but this isn't a witch hunt. We've gotten a lot of input on this piece. A lot of input on it and we respect everyone that's taking the time to comment when we're going through human relations commission report and as I said, you're going to have ample opportunity at the proper time when the manager presents his final report to have comments also. So let me deal with that when when you when you get to it. I recognize Councilman Catani. I'm sorry I did have one more thing. Oh I'm I wanted to also acknowledge Councilman Davis who's been getting around an awful lot because I saw him on Friday at the dedication of the Habitat for Humanity Homes and I saw him on Saturday at the PAC-4 meeting and at the at the open streets the play streets over in Elmwood. Edgemont. I'm sorry I just lost it there for a moment and Councilman Schuhl was also at the two ladder events. It was just a great weekend. I think the most moving of that was the dedication of three Habitat homes built in a single week by the members of the Home Builders Association and individual home builders and I just wanted to acknowledge them for not just contributing dollars but contributing their thoughts, their knowledge and their time and their physical presence for a solid week. Thank you. I recognize Councilman Catani. Thank you Mayor. I wanted to add my appreciation to Ms. Linda Bretcher for all her tremendous years of service. She will be greatly missed. I recognize Councilman Brown. Thank you Mr. Mayor. I would just like to thank and congratulate one of my friends and fellow colleagues on Council. Steve Schuhl who wrote a very fine insightful piece in the the Durham news, hopefully some of you saw it if not all, concerning where our tax monies go in terms of the many services that we provide for our citizens. It's a piece worth reading particularly tonight as we discuss the budget and hopefully pass it. Okay. Any other comments? Just like to observe that at our last work session we were out in an hour and 22 minutes Mr. Schuhl just needed to make that public observation. Are you applying the Councilmember Catani and myself perhaps a bit long-winded? Mayor Projeap? I repeat we were out in 22 minutes. Was it 22 or 23 or 19? Okay. The first item is the Consent Agenda. The Consent Agenda may be approved with a single vote. If a council member remember the council asked for an item to be removed we discussed that at the appropriate time. I'll just read the heading of each one of the Consent Agenda items. Item one is the Durham Convention Center Authority Appointment. Item two is the Citizens Advisory Committee Appointment. Item four is the Durham City County Environmental Affairs Board Appointment. Item five is the Durham Bicycle and Pedestrian Advisory Commission Appointment. Item six is the Durham Planning Commission Appointments. Item seven is the Durham City County Appearance Commission Appointment. Item eight is the Human Relations Commission Appointments. Item nine is FY 2013-2014. Amendment to Transportation Grant Project Audiences. Item ten is Filsgear 2014-2015. Budget in 2015-20. Capital Improvement Plan. Item ten is Spool. Item 11 is Amendment to Durham City Code section 4622. Regulating the post of a prohibition against caring to conceal handgun on city recreational facilities. Repealed Durham City Code sections 46-23 to 46-27 containing regulations of dangerous weapons. And item 11 is being pooled also. Item 12 is Updating Procedures Regarding Emergencies. Item 14 is Second Amendment to Workforce Investment Act contract between the City of Durham and Educational Data Systems Incorporated. Item 15 is Contract Amendment with Community Partnerships Inc. to Provide Workforce Investment Act Youth Framework Services from July 1, 2014 to June 30, 2015. Item 16 is Contract Amendment with Achievement Academy of Durham to Provide Workforce Investment Act Youth Program Elements Services from July 1, 2014 to June 30, 2015. Item 17 is the Dream of Self-Help Ventures Fund for Streetscape Enhancements to adjacent portions of West Chapel and Kent Street and amended 2013-2014 budget ordinance. Item 18 is Contract for City Services and Programs for Downtown Durham Municipal Services District FY15. Item 19 is FY15 Agreement to Fund Downtown Durham Inc. for City Economic Development Programs. Item 20 is Big Report for April 2014. Item 21 is Construction Manager at Risk Contract with Belphi Bader Construction LLC for City Hall Annex and Building Envelope Project. Item 22 is Radio Equipment Building Construction Change Order and Additional Professional Services. Item 23 is Benefits, Consulting and Broker Services Evaluation and Recommendation Selection. Item 24 is License Agreement of MJM Gateway Territory LLC. Item 25 is Utility Extension Agreement with Daniel Bentley to serve 7001 Herndon Road and that's sewer only. Item 26 is Contract Amendment for ST 257 Carver Street Extension. Item 27 is 2014 Street Repairs and Repayment Project ST 269 Contract Award. Item 28 is Supplemental Agreement for Safe Routes of School Project near Fayetteville Street Elementary School. Item 29 is Southeast Precious Zone Elevated Water Storage Tank Contract. Construction Contract Award to Landmark Structures ILP. Item 30 is Contract Amendment Number 2 of Triangle J Council of Governments to Complete Expanded Scope of Task and Supplemental Article Number 6 for the Jordan Lake Partnership. Items 31 through 32 are items that can be found on the general business agenda as a public hearings. Item 3 is an item that can be found on the general business agenda. Item 35 is an item that can be found on the general business agenda. I entertain a motion for the acceptance approval of the consent agenda items with exception of item 10 and item 11. It's been properly moved to second. Madam Clerk, will you open the vote? Close the vote. It passes 7 to 0. If we go to the general business agenda, major site plan for New Hope Church Building and Parking Edition D13003. Item 35 is an amendment to Durham City Code section 38-21, Regulating Possession and Consumption of Alcoholic Beverages and Public Buildings and Parks. Mr. Mayor, members of council, this item was brought at the request of individuals who wanted to have a meeting that included alcoholic beverages on the lawn of a particular building, the McCown Mangum House and Eno Park. We have made changes to the ordinance as stated in the agenda item to make it consistent with some other buildings that we have in city parks where alcoholic beverages are allowed to be consumed on the lawn of a particular building. I do want to just remind council and the public that this doesn't mean that you can just go into a park and consume alcoholic beverages. It has to be done with a permit. It just clarifies where you can have alcoholic beverages with the permit and we've made those changes in accordance with the council direction. Any discussion on the city attorney's comments? We've had a motion and a second. You can come up now Mr. Peterson and hold for discussion. Yeah, three minutes. I'm Mrs. Peterson, Victoria Peterson and I'm one of the political activists here in Durham. I also work heavily with our men and women in this community who have committed crimes. And one of the things I want to share with the public, I want just to remind all of us is that this community already has so many places that sell some form of alcohol that is really, really out of control. If you look at the statistical information that the police department has, many, many of their arrests involve some form of alcohol. Many violent crimes in our community involves some form of alcohol. And matter of fact, several murder cases that I was heavily involved with in this community involve some form of alcohol. We need to be very careful in this community. We have a lot of people moving in this community. We have a lot of our young children, our young people, our teenagers that are getting hold to drugs and alcohol. If we continue to allow every place in Durham to sell alcohol, we are putting a lot of our citizens in danger. So if we're going to now to allow to allow alcohol to be served in our parks, then we really, really need to make sure that people who are going to be coming into these parks really do have permits. Personally, I don't see why. Why is it that we have to serve alcohol in the parks? I think it should be a no-no. But I just want our community and our leadership in this community to just be very careful. We continue to talk about crime and that we want to get a handle on crime. But some of our citizens, when they do drink alcohol, they really get out of control. I feel sorry about that. We don't want to control adults. But when you see danger, you have to say something about it. And I'm saying, and I have been working with a lot of our young folks that are in the jails, some in the prisons, and like I've said, I have been involved with several murder cases. And if I mentioned the names, you would know, even to the point dealing with the Duke La Crosse situation. And none of us want to talk about that. But that also was young people that got a hold of alcohol, even though they were not supposed to. Many of them were underage drinking. And it cost this community millions of dollars to deal with that. So I'm just asking our city council and my citizens for us to please be very careful about continuing to approve so much alcohol in this community. And beer. And thank you, Mr. Mayor. Right, welcome. Madam Clerk, will you open the vote? Close the vote? It passes 7-0. Thank you. We move to the general business agenda public hearings. I was looking at this new up church piece. 31 public hearings on the proposed economic development and senate agreement with reinvestment partners. Mr. Mayor, members of council, city manager, city attorney, good evening. My name is Grace DeGeno with the office of economic and workforce development. I'm speaking to recommend an agreement, an economic incentive agreement with reinvestment partners. On April 21st, 2014, the city council approved an economic incentive policy, amending the earlier policy approved on April 4th, 2011, which included the neighborhood revitalization grant incentive program. Projects to be funded through this program are intended to accomplish the following. To stimulate economic revitalization by leveraging private investment, to create and retain permanent full-time livable wage jobs, to make permanent jobs accessible to lower income neighborhood residents, including persons who are unemployed, to engage community investment and support, to strongly encourage local partnerships, to complement other neighborhood initiatives, projects and programs, and to leverage other funding resources. In order to be eligible for an incentive payment under neighborhood revitalization grant incentive program, the capital investment must be made with the community development area. Outside the downtown tier, the project should have a sustainable impact on the physical economic vitality of the affected neighborhood in which it strengthens the city's tax base in the area. The maximum incentive award may be up to 50% of the total investment made for a total incentive payment, but not to exceed 500,000. The policy is performance-based. No incentives will be paid to the company until after the company has achieved the terms of the economic incentive agreement. Reinvestment partners has applied to OEWD, the Office of Economic and Workforce Development, for a neighborhood revitalization grant incentive in support of this proposed expansion with the CED outside the downtown development tier. Reinvestment partners is a nonprofit organization whose mission is to advocate for economic justice and opportunity for advocating change and lending practices of financial institutions and to promote wealth building of under-deserved communities. In addition to advocating, reinvestment partners has been actively engaged in the redevelopment of East Geer Street neighborhood through commercial revitalization at 110 East Geer, 1201 North Rocksboro, and 836 North Mangum Streets. Reinvestment partners proposes to renovate an underutilized building at 902 North Mangum Street, which is a gateway corridor heading into downtown Durham. The plan is to redevelop a 4,500-square-foot building into a food hub. The food hub would be an aggregation, distribution, and retail outlet that would be linked together to house community organizations, a local farmer aggregator, and also small businesses. The following amenities will be provided. Office space for nonprofit community service agencies, spaces for cooking demonstrations and culinary education, dry storage for nonprofits, certified kitchen facility for food processing businesses, 850 square feet of walking cold storage space, 150 square feet of freezer space, and a cool packing room for producing, sorting, and packing. The primary beneficiaries of the proposed food hub will include new and existing social entrepreneurs, populations with limited access to healthy food, and local farmers. The food hub itself initially will have five jobs that will relocate to the neighborhood. The project, when completed, will stimulate new business development in Durham residents in the targeted commercial area. The reinvestment partners proposal was recommended for funding based on its alignment with the goals and objectives of the Neighborhood Revitalization Grant Incentive Program. The grant program is supported by the RKG neighborhood assessment plan of March 2006, which supports this type of grant incentive program. A major majority of the city of Durham is increasing, priority of the city is increasing and strengthening the economic stability of the city. Staff endorses this project, which will serve to promote the continued revitalization and vitality of the downtown Durham and surrounding neighborhoods. The project will be completed and will stimulate new business development for Durham residents in the area. The Office of Economic and Workforce Development recommends that city council authorize the city manager to execute an economic development incentive agreement with reinvestment partners in an amount not to exceed $100,000 for a building renovation project at 902 North Mangum Street. The city council may reject the recommendation or may choose to fund the project at a lower amount. Not funding the project will be inconsistent with the mission of the Neighborhood Revitalization Grant program in the community development area. The proposed project will have positive impact on the appearance and business climate in the East Gears Street neighborhood. Thank you. Thank you. This is a public hearing. The public hearing is open. You've heard the staff report out, asked first of the comments or questions by members of the council on this proposal. If not, is anyone in the audience that would like to speak on this item? This is a public hearing matter. No one has signed up, but still persons that might want to speak. Let's direct reflect that no one in the public has to speak on this item. I would like the public hearing to be closed as a matter of fact before the council. It's been properly moved in a second. Madam Clerk, we're open to vote. Closed to vote. It passes 7-0. The next item is item 32, New Hope Church Transportation Special Use Permit Case T-140001. This hearing is, in this matter, is judicial in nature and will be conducted in accordance with special safeguards. Witnesses must be sworn in and they are subject to being cross-examined and written evidence must be formally offered. Persons who wish to testify, persons who wish to testify should have signed up on a special sheet form this hearing at the clerk's station. People who are testifying, including city staff, should now go to the clerk's station, be sworn in to give your affirmation and then return to your seats. Do you swear that the testimony you will give before the City Council regarding this special use permit will be the truth, the whole truth will help you guide? Okay, let me ask now do any council members wish to withdraw because they have a conflict that would prevent their decision in this case in a fair and impartial manner? I'll let the director reflect that no council members acknowledge that. Before we begin I would like the attorneys for the applicant and for opponents or for representatives from each side if there are no attorneys to come to the microphone. Identify yourself to the council and take a seat in the front row. If an attorney or representative wishes to cross-examine a witness, no it's this front row here I'm sorry, if a if an attorney or representative wishes to cross-examine a witness please raise your hand immediately after the witness has testified and I will recognize you. All written information including maps you want to be considered should be officially submitted as evidence, copies of evidence you want to have admitted with the exception of the staff report and attachments should be given to the city attorney to my left and also to the other side. Each side may raise objections to admission of evidence on the basis of hearsay or other grounds. Questions concerning admissibility will be handled by the city attorney and please do not hand anything directly to council members until it's first been reviewed by the city attorney and has been admitted as evidence. We're first here from the city staff who have studied the request and then from the applicant and then from opponents to the application. With that I'm opening the presentation of evidence and we're now here from the city staff. Thank you mayor and council members I'm Jacob Wiggins with the planning department. First I would like to ask that the staff reports and all attachments be made part of the permanent record and I would further like to note that the required notifications have been met for this case. The case before you this evening is a request from New Herb Church Incorporated and they are requesting approval for a transportation specially used permits for traffic impacts associated with a proposed expansion to their place of worship at 7619 Fayetteville Road. The development includes an existing 826 seat place of worship. A 750 seat expansion is proposed for a total of 1576 seats. A TSUP is required for site plan projects that generate at least 600 vehicle trips in a single peak hour. The cumulative impact of a 1576 seat place of worship exceeds this threshold generating an estimated 961 trips in the Sunday peak hour. A traffic impact analysis was prepared by the applicant's traffic consultant VHB Engineering. The TIA has been reviewed by both the City of Durham Transportation Department and the North Carolina Department of Transportation. Staff has recommended that the applicant provide a copy of the approved TIA to be included in the permanent record this evening. The review memos evaluating this analysis and identifying improvements required for approval of this TSUP are seen as attachments five and four. The Durham Board of Adjustment at their May 27th hearing approved the use of a place of worship associated with this request. In order to approve the TSUP the council must find that the applicant has provided sufficient evidence to meet the four required findings. Staff is available and the applicant is also in attendance for any questions you have as well as the city transportation staff. Thank you. Let me ask our from the council. Are there any questions that either you might have of the city staff in their report? I recognize the councilwoman Katati. Thank you mayor. Excuse me. Sorry about that. Can you tell me more about the 210 linear feet of gap sidewalk remaining? I wasn't very clear on that in the memo. Bill judge with transportation along the east side of Fayetteville Road. The site is building has existing sidewalk. They're constructing some additional for the expansion area. The additional parcel that they picked up. They're subdividing that out of a larger parcel which will leave about a 210 foot gap to the existing sidewalk to the north and the further neighborhoods. Do you know who that surrounding property owner is and if any contact has been made by the applicant with them with the intention of trying to fill that gap? I do not know who the current property owner is or if the applicant has contacted them. They are acquiring a portion of that property for this use. Maybe when the applicant speaks we could hear from them on that. Thank you. Thank you. Are there other questions about the council? If not, we will now hear from the applicant. Let me go to the podium to the right. Mr. Mayor, thank you very much. My name is Jay Ferguson. I'm an attorney here in Durham. It's my privilege and pleasure to represent New Hope Church before the board and the city council. The first thing I would like to do is move for admission into evidence for the board. Two documents which I believe have already been provided to city staff. One is the traffic impact analysis which the staff recommended to be made part of the permanent record as well as the transportation management plan. Bring it to the city attorney. Mr. Ferguson, is this attachment five that's in the agenda? I actually think the transportation management plan. I just want to make sure that staff has seen this document. Jacob Wiggins with the planning department, yes, this staff has seen that document before. And this is admitted without objection. First, I'd like to address councilmember Patati's question through Robert Schump. The site plan submittal included two parcels of land, one owned by New Hope Church, the second one owned by a partner entity. The intent was not to build the sidewalk along the entire frontage due to some constructability reasons. In the future, when New Hope Church provides an expansion on that site, they would then extend the sidewalk further north to the other church that's located further to the north. Does that answer your question? I guess I'd just like to hear from staff if they concur and it's really just a question of timing and phasing. So you're saying when the expansion, if approved, is, does go forward, that gap will be filled? Yes, ma'am. Good evening. Steve Medlin with the Durham City County Planning Department. Staff does actually concur with the applicant's representation here. The property to the north actually has a single family or, excuse me, a residential structure on it that preexists this development. We readily acknowledge that at some point the church more than likely will expand their services and functions to that property at which time a sidewalk will be required. Essentially, we intend to rely on the documents that have been presented. I do want to point out that the net effect of this is simply about 457 vehicle trips during Sunday peak hours is what the special use permit is for. The recommended conditions of approval through the Transportation Management Plan are two mitigation measures which the church is already doing the use of a traffic control officer as well as internal church personnel for internal circulation of the parking lot. And we concur with the staff's findings with respect to that and ask that that be made condition of approval. I will offer Lyle Overcash and Mr. Schunk to answer any technical questions the city council may have other than that we intend to rely on the documents that are presented or if the if the board has any questions for me. Are there questions by council? If not, we have others who have signed up to speak. They were they signed up Mr. Overcash and Mr. Schunk only to answer any questions that the city council may have. Some others are here for another item involving New Hope Church should questions arise with respect to other issues but other than that with respect to the traffic. Mr. Overcash is the traffic engineer. Okay let me at least acknowledge for the record there's David Bernoff, David Surds and Robert Schump with others that had signed up for supporting their request. Are there any other questions that council has of the applicant or any other members of staff on this item? If not I'm going to assume that concludes all the testimony on this particular item. I'll turn it back to the staff in the comments. Staff has no additional comments other than we recommend this case for approval. Subjects I'm sorry subject to the conditions as noted in the staff report. The options for the city council are approval as presented. Approval with conditions as stated on the staff's recommended decision. We can deny that permit with a direction that the administration prepared a decision for denial with supporting reasons for the next council meeting or we can continue this item to a specified time later on the meeting. I would ask are there questions or comments on council staff have any more that it wants to recommend comment on Steve? Do you have any other comments on this item? No sir. In that case I'm going to entertain a motion for one of the four motions that I indicated from the staff. There's a motion to approve the staff recommendation to second to it. It's been probably moving second. It's been a further discussion. Hearing none I'm going to call a question. Madam Clerk will you open the vote? Close the vote. It passes seven to zero. Okay we'll go back. Excuse me Mr. Mayor I don't need you to take one additional action involving the order to approve the order as drafted by staff. It's been properly moved to second Madam Clerk. Any further discussion on that item? Hearing none Madam Clerk will you open the vote? Close the vote. It passes seven to zero. We can go back now to item 33 which is a major site plan for New Hope Church building and parking addition D-1300344. Good evening Steve Medlin with the Durham City County Planning Department. This item is a major site plan request by Stuart Engineering on behalf of New Hope Church for a 27,000 and 34 square foot addition with additional parking to an existing 33,900 square foot place of worship located on approximately 35.3 acres on the east side of Fayetteville Road. The site is zoned rural residential and located in the Falls Jordan B protected watershed area. The site plan has been reviewed and determined to meet all applicable unified development ordinance standards for this type of use including the approval of both the minor special use permit from the Board of Adjustment which was approved in May of this year and the transportation special use permit which council just approved. Staff is recommended approval I'll be happy to answer any questions you may have. Are you've heard of staff recommendations and questions by council members of the staff report? Hearing none, I'm taking a motion on the item. I recognize there aren't any speaker signs if you have a question. Councilman Shul and councilwoman Contatti. I'd actually like to hear from representatives of the of the church on this if possible Mr. Mayor. There's been concern in the past about noise in the sanctuary. This is going to be I assume now a much larger sanctuary that the neighbors nearby have had there's been conflict about noise and it's been a problem for the people that live nearby across the tobacco trail and I was wondering if you all could address that. I'll be glad to address and I'm Jay Ferguson again from New Hope Church and I'll ask Dr. Shul what level you want of detail because with me is Norrell Stewart who is an acoustical expert who has been involved in integrating sound measures within the church planning but in a nutshell what's going to happen is this is this is the solution to any issues that are out there the the worship center where noise has been escaping the facility is going to be encapsulated all the way around with another row of offices and there's additional sound barrier through a drop down ceiling in incorporated into this expansion. I'll offer Dr. Stewart I don't don't see him if he could step forward he has signed up to speak and he can answer any questions you have with respect to that I don't know that I will I'm sorry I will say that this was fully vetted before the Board of Adjustments for their issuance of the special use permit. I don't know sir that your technical expertise would be particularly helpful to me because I probably wouldn't understand what you had to say but I appreciate your offering yourself here but I just I'm interested I guess at a more general level are you offering assurances that this is going to be significantly less loud than than had previously been the situation. Absolutely if you if you don't mind if Dr. Stewart could talk for just a moment. Okay with the mayor it's fine. Good evening Norrell Stewart Stewart acoustical consultants from Raleigh yes we've been working with the church over the last couple of years on this issue their new plan while it expands the size of the auditorium for worship it encircles that space with a row of offices and a corridor between those offices and the space except for one small area right behind the stage where they do have an outlet to the outside that area behind the stage will get a new much higher performance door than the one that is there now the door will be further from the stage than the one that is there now the other major thing that we addressed was leakage out through the roof the original roof area over the original area we're putting in a gypsum ceiling a sheet rock ceiling 22 inches below the roof with three layers of gypsum in it the new part of the roof over the new part of the worship space where it's expanded will not only have that ceiling but we will also beef up the roof structure itself and also around all of this for about 70% of it the roof of the surrounding offices and area extends up about six feet or so higher than the roof of the worship space so it acts as a barrier to help prevent sound going towards the nearest homes and we're confident this will drastically reduce the sound that's been heard thank you very much appreciate that and appreciate y'all working on that I know it's been a big concern of the neighborhood so thank you recognize councilwoman cattati thank you mayor I had the same questions regarding noise concerns and I do appreciate all the additional structural pieces and I hope that will in fact go a long way towards addressing any concerns I guess my questions I would have felt more comfortable if there were representatives from the neighborhoods here tonight to say that they also feel comfortable I expected to see more folks I guess my concern would be about any commitment to resolve any issues that may arise in the future because I think the last exchange was not as congenial or cooperative as we would have liked and it dragged on for quite some time so if for any reason the noise was did present a problem how would you all propose to address that and give us assurance and the neighbors assurance that they would be resolved in a mutually agreeable way well first of all the neighbors through their council the when I speak of the neighbors I'm speaking of the ones that were involved in litigation they're the only ones that I can speak toward they they're represented by council that councils has been aware all along of these plans the plans were submitted to their lawyer neighbors were present at the board of adjustments and spoke in favor of the expansion they they too have an acoustical expert who I believe has also looked at the plans and everyone I think I can say everyone feels confident that this is going to resolve the issue the you know it's hard for me to speak for what happens in the future because we don't know what's going to happen but I can tell you that we have been very open with the neighbors through their lawyer of exactly what we were doing exactly what the expansion plans are and he has never voiced any objection to any of the plans and I expected someone to be here from the neighborhood to speak but they're not they they spoke in favor of the board of adjustments just one additional comment is that really we don't no one likes to see things go to litigation I know it keeps you guys employed and that's all well and good but I've got two daughters in college I know that I know that I appreciate that but you know we don't want it to go there we don't want it to come back to us we just want to be sure that everyone's perfectly content thank you thank you any other questions Mr. Mayor no thank you I'm sorry representative proton is anyone here from new hope um I just want to thank you for the impact that you're making on the lives of young people I know several people who attend your church uh young and not so young and they are just marvelous citizens and so I appreciate what you're doing thank you very much again the entertaining emotional and item it's been properly moved properly moved in second uh any further questions discussion here and on madam clerk will you open the vote close the vote it passes seven is zero let's go to the supplemental item um 36 uh sip ordinance amendment riverside on eno fail development reimbursement someone presenting that it's robert joiner with the public works department development review and i'm here presenting the supplemental item cip ordinance amendment riverside on the eno fail development reimbursement between 20 of 2009 2011 public works collected the construction and stormwater facility agreement securities on riverside of eno after the original develop left the subdivision incomplete we completed the streets in 2012 with the city's resurfacing contract with money from the failed development no public funds were expended on no no city tax dollars were expended with the completion of that work i'm here to discuss tonight with amending that because we have a developer who is capable of finish finishing the remainder of riverside on the eno with the stormwater facilities uh that'll be completed with the remainder of that money 74,985 dollars and that will be completed again with no city tax payer dollars just with developer securities that have been collected on that and that would actually bring riverside on the eno completely back to life the remaining subdivision lots would able to be completed and again at no cost to the citizens or the city for the staff report on the same questions comments recognize councilman catari councilman moffitt mayor at the appropriate time i'll move the item but first i wanted to just um offer our appreciation to staff i know you've worked tremendously hard on this and you are doing a great job and saving the city money and we really appreciate it thank you thank you very much and i'd also like to thank city staff for helping me move this item very quickly i very much appreciate it thank you it's just what she said uh that being the case entertaining motion on the proper move second madam clerk we open the vote close the vote thank you very much it passes 70 run let's go back to the items that have been pooled and the first item was item 10 and let me say on this item this is the budget i know councilman shul pool that item we have one person that has sounded to speak on that item also i'm going to ask that the item related to item 10 v no item 10 d to adopt an ordinance to change municipal solid waste disposal commercial load fee schedule part 14-101 entertain solid waste yard waste collection fee schedule part 14-106 be severed from the rest of the the budget items and to have discussion on that item take a separate vote on that i haven't said that i'm going to recognize councilman shul is there someone else that wanted to speak on the council i know someone if not okay i recognize councilman shul thank you mr mayor um i i guess so i want to ask then i mean what i'm interested in is just what you separated 10 d are we talking about that now are we going to talk about the rest of the first i was yielding to you you raised a point so okay however you want to do it sure uh well at the appropriate time mr mayor i wanted to make a motion for option one for the budget for the for the agenda item that has been given to us by the administration just without belaboring the point we've had enough discussion about it i think but i believe we ought to be replacing the solid waste fee with a property tax that raises the equivalent amount simply for the reason that uh this fee in my opinion is regressive that the owner of a 75 thousand dollar home pays the same amount as the as the owner of a 500 thousand dollar home for this fee and by my calculation anyone with a home valued at less than in the area of three hundred and seventy thousand dollars will be better off paying the extra in the property tax versus the versus the fee and i think if we're going to have the kind of economic fairness that we want if we are going to try to contribute to ending poverty then let's let's be uh taxing the let's let's let's be charging people who have the least the least amount of money and as i say i think that we ought to be replacing the fee with a property tax for that reason mr mayor thank you thank you recognize anyone else who wants to speak on this item recognize the mayor pro tem i have a question sure uh the budget manager just for clarification now um it is my understanding that the solid waste fee should generate one part somewhere around 1.4 million dollars bertha johnson director of budget and management services that is correct okay now if if it becomes added to the property tax my understanding is that at least one hundred thousand dollars of that has to be paid just for its collection is that i'm not sure i understand the question one percent one percent yes that is one percent yes and so how how do we balance that if the expectation is one part four million we do an additional tax we do not we net that out of the total tax number okay that's your question i think the question is though to generate one point four million dollars in real money we have to take into account the collection rate plus the collection fee which in essence means that's a little bit more money than the 1.4 million we take that off and then the net is 1.4 that is correct we charge it as an expenditure on in the solid waste fund and the revenues will come in on the revenue side tax revenue okay so it is actually increasing tax more more tax the total needed to support the fund that is correct now next year since we understand that the solid waste enterprise fund is not supporting itself we will have to add another tax and we need more revenue does that mean that we will add another tax on the taxpayers to meet the the needs of the solid waste enterprise so based on our multi-year financial plan next year the shortfall is about eight hundred thousand dollars which is about point three cents on the tax rate so we would at some point have to resolve that difference based on the projected expenditures and revenue okay well i'm i'm still struggling with uh with this well i'm not a real struggle because i i understand that uh this will just adding this a part of a property tax will only benefit actually the haves and not the have nots because most people do a standard deduction anyway for me um last year we made a decision to assess the one hundred the dollar and eighty cents and it is just not adding up for me that this year we would go back and change that that's does not appear to be a good management tool for me i'm just telling you based on where i am in my walk um it it so and in in essence you can delay a tax bill you don't have to pay if you don't have all your tax money in a given fiscal year they can work out a plan with you but with that dollar and eighty cents a month it is a it is a sure thing and the needs of the solid waste department go on i mean it's just kind of hard to wait for year and year after year to get that money in so i'm i'm i'm sticking to my uh plan to to vote uh based on a good management decision that we made last year to keep the solid waste fee as it is our pure cities uh user fees are we're we're in sync with our pure cities as well um and and i do know that folk who cannot pay that fee as a part of their uh monthly bill we have money uh set aside and dss will help people who cannot afford to pay so it's not and and and the other piece of that is if you look at uh profit attacks if my house is worth 150 000 is assessed at 150 000 dollars in my income is 25 000 i just happen to inherit a house uh somebody else has the same house assessed at the same fee there uh they're having to pay they're paying uh the same thing that i'm paying for that same house 150 i pay for 25 000 somebody else 50 000 they're paying that same fee for the same house there's something wrong with that equity too so i think we need to look at our tax system period uh this 21 dollars and 60 cents is just not getting it for me i would appear that uh is easy for even a low income person like myself to spend a dollar and 80 cents a month rather than tag that on to another tax bill uh that uh is not designed for the half for the have nots that's where i am so i plan to stick to my plan let me uh and it appears that we this is probably the most outstanding issue on the budget and people don't wonder why we spend so much time on a dollar and 80 cents but i think it's important to understand and uh for me it starts with the fact that we set this up as enterprise system and i guess what we need to understand is why was it set up as enterprise system i'm going to ask the administration to speak to that either the manager or the budget director sure mayor um a couple years ago when we started looking at the solid waste fund and the multi-year needs um we looked at an opportunity to we thought about the ways that we could actually um generate revenues to support the fund moving forward we looked at our peer cities um which many of them do have a solid waste fee so substantially larger than the fee we charge uh we decided to go through a process improvement initiative with the solid waste department where we isolated all of the revenues and expenditures and business lines in the departmental budget so we wanted to look at all the business lines what what was the cost recovery of those business lines and where we we thought we should be charging a fee versus supporting with property tax or some other source of revenue and we isolated this as the solid waste collection as the line of business that we would move forward to request to institute a fee we brought forward initially a dollar 50 cents last year that was the first fee and the reason again we we brought it forward last year is we wanted to have the opportunity to go through the process of identifying the the revenue sources and expenditures associated with each business line as well as as well as set up the structure in the system to make sure we capture that information accurately so we brought forward the dollar 50 cents we discussed the transit issues and concerns and we at the end of that process um we had a dollar 80 cents to um prevent us from or allowing us to not raise the transit uh fair increase the fair rates now let me take a little bit more time on this could you tell us and maybe somebody's going to have to go back what is the total budget for the solid waste department roughly the total budget for the solid waste department is 20 000 20 million dollars i'm sorry for 14 15 20 million dollars yes and could you tell us how much income where the income is derived to support that 20 million dollars in terms of property taxes fees services any other type of funds i mean roughly yes okay so um the biggest source of revenue in the fund is of course the transfer from the general fund which is 9.6 million let the public understand let the understand so the general fund is primarily sort supported by property tax and sales tax primarily taxes and how much is that that is um roughly i think it's between 90 91 million perhaps the total transfer to the solid waste is 9.6 million total transfer from the general fund and the bulk of that is property tax that is correct and who pays property taxes our residents and our businesses all residents and businesses that is correct okay so we have a case where 9.6 million dollars to support the 20 million dollar solid waste fund comes from property taxes and everybody pays property taxes pays this whether they receive pickup service or not that's correct okay where does the where does the other money come from so um the other money comes from the solid waste fee as well what what is the solid waste fee the solid waste fee the dollar 80 cents generates about 1.4 million for 14 15 okay and then the other uh charges for services in there is the white good rebates and some of the other past revenues because i want the public to understand these these terms and what we're paying for in solid waste now what is the white what is that now so the white good rebates is from vendor sales on white goods that that fee they charge okay so we get a portion of that back i think it's um i don't know the exact percentage we also get solid waste tip and fees we charge tibet fees the 42 50 what tibet fees are that is for the um waste that goes over the scales that is primarily commercial um it's currently 42 50 42 dollars and 50 cents per ton we're proposing to go to 44 dollars and that's that's for garbage service that we don't collect others collect that is great bring it to us for disposal and how much is that revenue roughly i'm trying to get to the 20 million dollars that i'll have to get that total revenue i had the fee but not the total revenue because we rolled it up in charges for services um we also have um in there um the yard waste fee okay and yard waste fee people pay for that that's a separate that is a separate service line of business um that is the 12 dollars and we are or 72 dollars a year per subscriber and we are proposing to change that fee as well well the point is it's a fee that we can charge we're charging it now and if people want it they pay for it if they don't want it they don't pay for it they don't get it that's okay and that that is about how much just total dollars um okay what do you say about 87 000 additional dollars i don't have the total of dollars broken out here all right i'm sorry i didn't have the detail on that and what what i'm trying to get to the 20 million dollars all right then we receive revenue from recycling services okay that is correct the right recycling services but i guess the good the point is that we have a 20 million dollar solid waste budget that lets people pay for what they want and the white pickup and the yard fee and etc um every person that pays property taxes pays about almost 10 million dollars into this 20 million dollar fee whether they receive pickup service or not and the persons that receive pickup service are being asked to pay additional dollar and 80 cents per pic if they receive it which gives us about 1.4 million dollars out of a 20 million dollar budget yes so we're really talking about how do we fill a gap for 1.4 million dollars now i guess the other piece that that i i have supported why we we do this i don't consider it to be regressive fee i've said it all along i appreciate very much the whole issue about low income moderate income but if we're going to carry that case you know we can say the same thing about a bus system the bus system is something that everybody pays for if you pay property taxes anybody can have a choice to use it if they want i mean if they want to use ride the bus they can if they don't want to ride the bus they don't have to but we don't say if you make x number of dollars you pay this kind of a bus fee if you make this kind of dollars you pay this kind of a bus fee same thing with the garbage collection what we're saying is independent of what you make where you stand in life if you receive this service we're asking you to pay an additional dollar and eighty cents for this meanwhile all the other people who pay in property taxes are subsidizing it just like they're subsidizing a bus system and just like the bus system is available to anybody who wants to use it we don't talk about whether you're low income or high income uh people to get a break up people like myself that over 65 years of age i ride it free and you guys pay for that now it's up to me whether i want to ride it or not but it's there for me to do that so i don't buy this argument about a dollar and eighty cents being regressive for a service that is provided to everyone that receives it but all those people who not everyone is is supported by everyone pays property taxes where everybody pays property taxes doesn't get this service and and that to me isn't isn't regressive when you talk about a dollar and eighty cents for a subsidization of a fee that costs a lot more to pay now we could we could collect nine point six million dollars through service fees if we wanted to raise the service fee and reduce all the property taxes but that's that's not the mode we're going in so again i come back to the fact that it was set up for a specific reason as an enterprise fee and unless we start charging this fee what it means is we're going to continue to increase property taxes to pay for the service unless you guys can figure out how to reduce that eight hundred thousand dollars that you're talking about next year and and we just know that that's not going to happen uh we we had three options that were presented in some time important time i'm going to uh entertain the motion for one of those three options uh one option is the one councilman shul just uh proposed and that is to uh convert the dollar and eighty cents to a property tax the other one was that we don't convert it to a property tax which is the mayor pro tem and councilman contagi i put your proposition on the table because you weren't here but it's thought it was fair that you would raise the issue uh councilman brown it indicated it's something we might want to consider so i i'd like to yield the floor to you for your comments on that thank you mayor um i did not support the dollar and eighty cent fee last year so i am comfortable with repealing it this year and i will be supporting option one thank you recognize councilman moffitt thank you a question miss johnson um we're talking about eight hundred thousand shortfall next year is that additional shortfall over in other words there'll be an additional eight hundred thousand revenue needed next year that is correct and that would mean that if we stayed with the fee we'd have to increase the fee 56 roughly what you know that's eight out of 1.4 right yes 56 percent increase in the fee so the fee is not going to stay static if we if we stay with the fee then the fee is going to keep growing in order to pay these continuing shortfalls um i want to make a couple of observations first of all uh if um for an owner of a hundred and fifty thousand dollar home they pay twenty one dollars and sixty cents for the solid waste fee they pay nine dollars for the taxes required this year to make the difference a tenant in that same home would pay zero dollars every person who lives in a single family rent house or duplex or quadruplex who has their trash picked up by the city pays the fee now whether they are low income or median income or high income and um so that's the main reason the question was asked who pays property tax and um i realized that anybody who's a tenant pays it through their taxes but um the rents charged on rental property are market-based they're not going to go up nine dollars for a hundred and fifty thousand dollar house so when people ask me who pays the property tax i say it's the property owners um which is slightly different than the residents now i i understand very well the arguments um for using a fee and i i honor that but i support converting it to property tax i do want to also just observe briefly that the cost of the collection fee on a one point four million dollars in property taxes is not a hundred thousand but rather it's fourteen thousand dollars um that's the that's the difference sir thank you i'm going to recognize councilman brown thank you mr mayor uh i guess i'd like to start by asking my friends at the who support doing away with this fee where is the uh the tipping point that is to say instead of a dollar and eighty cents a month um so we cut that almost in half and it becomes a dollar a month would this still be an issue let me just try to put it a little in a little bit of context because i thought the mayor made a good point about the you know what we're really arguing about here but just even to put it in more context we're arguing about one point four million dollars in a three hundred and seventy eight million dollar budget so i guess you'd say we're arguing over less than one quarter of one percent of our budget so uh and as the mayor said you know you might wonder why we're spending so much time over twenty one dollar sixty cents a year uh and so i would say a couple things one is the fact that we're you know we shall recognize that we're here with a lot of agreement on on we're here with a lot of agreement on on almost everything and that's great and it's a tribute to bertha and her staff and to the city manager and and um and i think we've done a lot of good work to get to this point so to me the the question is um it it's it's not that there's some amount of that fee that would be okay or not okay it's it's that uh i do think that the fee hurts people with less money more than the property tax does and so to me it just makes sense to not have the fee it is regressive and i'm not just talking about the poor i'm actually talking about the middle class i mean anybody who owns a home of up to three hundred and seventy thousand dollars uh roughly would be better off uh with with the uh with the with the uh with the property tax than they would with the fee so to me it's not a matter of a tipping point it's a matter of how does it make sense to fund our salt waste i so i want to make i'll say one other thing quickly i actually thought you know that mr. mayor your analogy about the the bus is a good one that is to say people who ride the bus do pay something and even though the taxpayer pays the vast majority of our of our fares and so i recognize that as a fair point and and comparable to this and i think we've done a really good job of as opposed to a lot of cities of keeping our our bus fares low and which is great and we the owner of a two hundred thousand dollar home in Durham pays about roughly by my math about seventy five dollars a year to support the bus system and and probably is not riding the buses and i think that that's a tribute to you know i think of that as kind of the Durham way that is we are different in some respects from our some of our peer cities who are charging lots of fees for you know they may be higher charging a higher bus fare they may be charging higher fees for for for solid waste but i think that that's a decision about how to finance government that we're making on the on the right side of the ledger so i guess an answer your question gene that um for me it's it's it's it's it's how we finance the government uh what is the best way to do that what's the fairest way of and and what what is the most uh progressive way and so that's sort of the way i think okay uh thank you steve i didn't know if somebody else wanted to respond to your question well oh yeah sorry my problem if we do half a loaf is that we have the same discussion next year we're going to have to raise eight hundred thousand dollars more next year if the fees a dollar a month twelve dollars a year next year we're going to have to discuss whether we're going to double it to raise that eight hundred thousand dollars or whether we're going to do property tax i think we were better off either going one way or the other personally so we can settle it hopefully settle it i don't know thank you uh john and and steve and i and i concur with you don because i don't want to continue this into the next year's cycle but um i i think your response steve my friend demonstrates what we're talking about here and that is its ideology it's pure ideology and which on one hand is fine but on the other hand we're sit you know we're elected here to make business decisions economic decisions and we've got a tremendous gap in the solid waste department bertha just told us that and if if we lived if we lived in an ideal world it would be fun to have this discussion but we need to move beyond this folks um i'm more interested in and coming to basic business decisions that i think are fair for user fees and not to get bound to buy pure ideology of regressive versus non regressive i mean you can make the argument that any fee or tax that is directed against those who make 25 000 a year is regressive yeah you can make that argument but on the other hand we have budget gaps to fill here and i want to go back to the to the data example and because i don't think we can separate these two particularly two since we had the the the data fee argument which was followed by the solid waste discussion and an analysis of 20 cities in the southeast 20 cities durham ranks very close to the bottom we're still charging a dollar for a fee um and as mark ironson mentioned to us and told us and informed us 70 of all data writers make under 25 000 a year think about that and so we are subsidizing using general fund fees to the tune of 10 million dollars a year to have a bus system that really serves those you can say in poverty or the statistically those making less than 25 000 dollars a year bus general fund money so among other things i don't want anyone walking out of here thing thinking that or implying that the city of durham doesn't care about doesn't help doesn't assist it's poor people and i have never in the 10 years that i have been here had so much debate discussion dialogue analysis over a one dollar and 80 cents per month fee so i don't know how this rose to the top we know why it rose to the top and that's because of one political action committee or group a group that i i'm usually in favor with that i usually support but how this was selected out i just don't understand it particularly here in durham a very progressive city in terms of all that we do to try and attempt to help those who are less fortunate than we are and this brings up another irony and that is supposedly the reason for this is to to have a non-regret the reason for this is a dual way with a regressive fee of a dollar 80 cents a month and so we can help those who among other places live in east durham and so on well i need to be candid and suggest to you and i think that the mayor and others can confirm this we imposed this fee last year and i have heard nothing from to use an expression that our former former colleague howard clement used i have heard nothing from those who live on his side of town about this fee all of us come here with embellished and and cultivated with with different principles and beliefs and i guess on some sometimes you just have to draw the line and do what's right for the city as a whole and to not get caught up in this whole aggressive tax structure over a dollar 80 cents a month i just don't understand but i do understand the budget and i understand the need for us to deal with the outstanding debt that our solid waste department is going to face over the next decade we need money to purchase we need a solid revenue stream to purchase the machinery that is necessary to provide our citizens with a cost effective budget that will deal them the highest services possible and that's for all of our citizens we're looking at debt services of over close to 11 million dollars so i think the focus that the dialogue should be how are we going to deal with this over the next 10 years and not to focus on the exclusive argument of that a dollar 80 cents a month is regressive thank you mr yeah i i uh we're going to move on this item to get get it get it out of the way but i just want to say that you know low income and marty people speak up very well for themselves i heard it last week who was going through the poverty piece i hear it in the streets i've not had one not one person to come up and say anything to me about this dollar and 80 cents uh collection fee and i appreciate those that are advocating that we do away for because you think it's regressive i can tell you those people you're talking about aren't complaining they aren't complaining i haven't heard one of them complaining and i've purposely said that over the past few weeks because i said as soon as i say that i know i'm going to bunch of letters saying do away with it but the letters came from the same people that have been doing it all along and they aren't the low income persons that you consider this be in a regressive case so they speak up very well for themselves very well and they haven't spoken up on this issue this term of being uh regressive to them but i have may add one more point quickly mr may sure and and that is folks uh property taxes matter property taxes matter and we're not just talking about you know and steve made some very good points last week about attracting businesses we we are attracting businesses thank goodness but they matter most importantly to our citizens and we already rank second among the largest cities in the state and the property tax burden and this year when you look at the county proposed budget in their increase in hours and especially to if you add the point six cents that we're talking about here it's going to it really may just put us over the top and i'm not too keen on derm having the highest property tax rate in the state so that's another serious consideration i think we need to keep in mind thank you mr okay i think we've talked it out and i'm going to entertain a motion i recognize councilman sure since he said he wanted to make a motion first mr mayor i miss miss please i'm running a meeting okay i'm running the meeting thank you recognize councilman sure mr mayor i would assume then this would be on d which you that's correct that's correct thank you i would move option one i propose substitute motions follows fees to adopt an ordinance labeled option one to change municipal solid waste disposal commercial load fee schedule part 14-101 to change solid waste yard waste collection fee schedule part 14-106 to adopt the sea of derm budget ordinance labeled option one for fiscal year 2014-15 second it's been properly moving second in for a discussion hearing none madame clerk will you open the vote close the vote it passes four to third miss miss quarry you didn't vote i voted against okay it passes four three and the nose are mayor bill council member brown and class member cold make that should be no okay all right thank you let's let's move back to item 10 the rest of the budget items and again this is not a public hearing but it's it's an item and i do have one person that is signed up to speak on item 10 v peterson and you have two minutes on the side of miss peterson i need to i'm mr mayor um and city council members um i hear folks talking about a small item on the budget i like to talk about the public um the public protection a 94 million dollar budget there for those folks and that is one of the highest and centimony i only have a few minutes here to a few seconds to speak i'm messing the citizens in this community to look at some other ways about our young folks in this community being arrested this public safety budget most of those dollars are going to go to the police department and to build a new police station we do not and that's fine if we need that but this community needs to address the crying problem the so-called crying problem that is going on with so many of our young men being arrested and it starts with the police department it does not start with the sheriff department does not start with the courthouse it does not start with the attorneys it starts city council members with the police department going out in the community arresting men and women who they feel have committed crimes and then they are allowed to linger in the jails anywhere between a year to four years waiting to go to trial and part of that we are paying for that we're paying for the policing and then on the county level our taxes keep going up because we're also paying for it on the county level by persons being in jail now folks i think there are three problems here and i want to say this real quick we've got to look at merging this government the city and the county and a lot of the young folks that are out here you soon will pick up the torch and run with it we do not need two governments in this community anymore that's old and it's outdated and you folks need to start trying to look at some other ways most of those folks up there are like me we have gray hair we need some young new vision and leadership in this community to bring about one government mr mayor one government thank you mr you're welcome mr again this is not it's not a public hearing but i want to feel free if you have a comment make a comment two minutes yes sir city council member since i want to have two minutes i want to speak to page six dealing with the uh the grants in particular the airwood memorial justice assessment grant do you see it number 15 jag grant j a g okay to be real briefly fade coalition and southern coalition submitted to the police department under the freedom of information act for documentations regarding the use of this jag grant we receive volumes boxes of freedom of information information that was blocked out bladded out some of these informants we found out had been paid by the police department under investigations convictions even some people went before grand jury on bogus information i just returned from new york and i'll read this in my conclusion roger logan who served 17 years in prison for murder mr logan now 53 years old was sentenced to 25 years to life for the 1997 shooting death mr logan was jail indicted put in prison under money that the police had given to informant this woman after it was learned that a woman who claimed she witnessed the crime was actually in jail when the homicide occurred so i'm asking that the city asked the police chief in his department to give us more accountability on these funds they never responded to our question where did the money go it was signed off by their supervisors signed off to informants who may now have people lying in north glennon central prison thank you very much you're welcome no matter we get the name of this i assume this is mr you want to state your name for the record you want to go state your name for the don't send no one after me my name is minister rafiq zady i'm the president of the black concerned citizens and i reserved i reside at jj hennison towers 807 south duke street apartment 830 thank you i have your card thank you okay we are trying to be as open as we can on this last budget item i'm going to take a point of personal privilege on this item i received a letter from the triangle regional film council saying that they had not been included in the budget i just got the information i asked the gentleman if you wanted to come and take two or three minutes to speak to the item if he does well he's gone so he doesn't want to speak any other items that the council wants to speak to anybody else in the public want to speak on this budget okay we're going to go back to the budget that we have before us and entertain a motion on it i'm sorry just asked for clarification i wasn't clear on what option one e is it looks to me that we may have adopted the budget with option one already can someone clarify that well i think the mayor the mayor uh separated that item from the uh the consideration so in essence uh that's going to kind of move that item back into the totality of the budget that's all we had to set up as a substitute motion so now with that in it that's correct yes sir thank you mr there i'm sorry just a minute film commission guys back oh the film commission person just came back rob you cared about making the comments you have two minutes what i explained is that you sent an email to me that i just read today which basically said you were not included in the administrative budget and i said you have an opportunity a couple minutes to explain yes so i have met with gracia sinza and peter coil at the office of economic and workforce development and they have appeared to be on board and ready to move forward to continue to support uh the regional film commission we are doing some important work i feel we're working towards an internship program as well we uh have in the last couple of years on a shoestring budget managed to bring in hundreds of thousands of dollars worth of spending in this area according to the budget figures from the north carolina film office this past year we brought in four hundred and forty six thousand dollars i would hope that the city council would see clear to put our ten thousand dollar grant back into the budget so we can continue this work even with the incentive program in doubt most of the projects that are brought to our area are not qualified for the incentive program anyway therefore uh we feel like the work that we have just started in the last couple of years needs to continue moving forward for the benefit of all the citizens of durham i'd be glad to answer any questions about our budget or our work well what wasn't clear to me is what you told budget was it wasn't clear to me what other revenues you were receiving to support your budget other than the city of durham we uh we have had difficulty raising money since the film incentive came in question last year particularly on the public side private folks have said have made pledges but are waiting for later obviously weight county is our biggest supporter as they're the biggest county in the thirteen county area that we serve in my personal opinion durham is in a perfect position with the center for documentary studies and the program that dr mckissick melton is running at north carolina central to really become the center of production in this area we're just asking that the the city council continue to support us at the same level that they have supported us in the past we did ask for an increase this year since we have not asked for one before but certainly going to zero is not helpful to our efforts in durham okay when you say regional can you tell us what other you mentioned weight county what other municipalities we we represent a thirteen county area that's mirrored by the research triangle regional partnership we go from warren county down to more county uh to the east we go as far as uh johnson county and to the west orange county have any of those municipalities provided any social funding franklin county has been one of our staunches supporters we have worked hard for them they have been hand in hand with the tv show lizard lick towing now for three years we've got pledges from johnson county that have not been fulfilled yet but we expect our forthcoming we have had some support in the past from more county although this year they were putting all their eggs in the u.s. open basket therefore we did not get any funding from them this year we have been operating on whatever we can raise even though we haven't met our budget we have cut costs in every way possible to continue recruiting spending to this area and as i said the the spending that we have the figures from the north carolina film office for this year our is four hundred and forty six thousand of two million five hundred and forty four thousand spent in the area recognize this city manager thank you mr. mayor you know at this point we'll certainly be glad to provide counsel back on information on on our analysis of disinitiative and why we did not recommend funding we can we can provide that you know sometime after the return from recess and if council feels that there's basis to restore funding i'm sure that we'll be able to you know find find some way to do that but i think you would benefit from the totality of our evaluation as well okay well let's any other comments from council one one can ask councillor davis thank you as with the previous speaker could i get the name of the speaker also oh i'm sorry i'm rob show for our managing director of the triangle regional film commission probably you can fill out a yellow card for the for the record that's councillor brown question for rob uh yes sir what does the wake county provide uh we at at the current time are receiving 20 000 from wake county from public and we have grant proposals into foundations in wake county that we are hoping will be fruitful to the tune of a hundred thousand dollars thank you recognize the mayor approach sir did the Durham convention and visitors bureau have anything in the budget for you i i just cannot recall i know you were trying to get some money from yes the Durham convention visitors bureau continues to spend what they were spending on the Durham film office which was a part-time operation that that joined in with the triangle regional film commission when it was formed in 2010 uh they pay for uh fees on our real scout system which is required by the North Carolina film office however the state does not provide any funding to our operation and they also have provided some travel money for us and some staff support that is all spent directly from the cbb uh to those vendors uh and none of it is uh is actually paid to the regional film commission now where do you reside we're in downtown Durham right now we were in the liberty warehouse okay okay thank you yes ma'am thank you any further questions all right thank you rock thank you mr. mayor sure thank you council members again trying to be as open as possible on this budget uh so if there are no further comments uh we're back to the original motion and second that we adopt the budget as presented uh with the record reflecting the vote that we did on the waters waste the waste collection fee yes so when we adopt the budget the record will show that i voted against the repeal okay that i just want to make that clear okay i want to need to make sure i'm understanding so you all are going to vote on the remaining ordinances that are on the on the agenda the remaining ordinances make sure that my vote stays as it did with the other i support the rest of the budget yes the remaining ordinances that are left okay yes are we correct bertha okay okay uh i think we're all clear on that amount of clerk will you open the vote close the vote it passes seven is zero thank you jean wants to vote against the budget that's fine that's that's that's what you wanted right you wanted to vote against the budget right the record reflects that mayor bill i didn't get the first person that made the motion and who second the motion on this last councilman shul made the motion and who's second it i thought you're second right thank you so much all right thank you mr chair recognizing councilman davis just so i can be clear uh procedurally we voted on the solid waste item separately and then we came back and voted on all the other issues so there was not a combined vote for the budget as amended that was that was because i think i heard that we voted separately on the solid waste issue and then we voted on all of the other issues pertaining to the budget so it appears that we have that separate vote on the solid waste fee and then we have a series of ordinances that pertain to all of the other things and it sounds like then that a vote against that the second vote was against all of the other issues that but why would they i'm trying to figure out if you're the problem that we have some of the parts because of the total budget and one of the parts was the solid waste yes i understand we voted to support that and i understand that was a separate vote but we voted to support it yes i try we voted to support it then we voted for all the other parts of the budget and everybody supported but councilman brown so it gives us a total budget item one plus all the others gives us a total budget okay well i'm trying to figure out why well okay all right but the total mr. mayor yeah the total budget includes the rescission of the solid waste fee and that's why i'm voting against the total budget first time but that i understand trust me we haven't done this in quite a while whether we like it or not yeah mr. mayor how many budgets have you done i didn't want to call names but mr. mayor okay mr. mayor how many budgets have you been a part of it city council and county commission just out of curiosity 40 40 okay let's go to item 11 yeah quite a few okay i'm here item 11 amendment to the Durham city code section 46 22 regulating the posting of a prohibition against carrying a concealed handgun on city recreational facilities appeal Durham city code sections 46 23 46 27 containing regulations of dangerous weapons entertaining motion on item i don't see you sign up for that count represent oh it's stretched out okay victoria number two two minutes a minute mr. mayor but anyway sorry um heard your arguments good i'm mr. bacon in the um parks the concealed handguns are persons still going to be allowed to i'm a supporter to let everyone know i support the public being able to protect ourselves the police are not around us 24 7 we do have some some crime issues and and we even see it on country wide now our restaurants are being robbed and banks are being robbed so mr. baker can you just explain to the public will those persons who still would like to carry guns will they still be allowed and those who are who want to carry conceal conceal handguns are they being denied on the on the parks so if you can sort of put a stop there and also mr. baker another quick question i'd like to ask you if i can get can you please ask whoever in the system how many of our young men and women have been in jail over six months that have been arrested by the Durham police can you get that information for me please how many persons that have been into jail over six months that have been arrested by the Durham police officers please as for your as for your second question first i'm certain that the sheriff's department would have that kind of information and would refer you to the sheriff's office otherwise i'm just making a phone call to them but but i wouldn't have that information right but by you being a city police office i mean the the city attorney i don't want to run all over the place okay i want my tax dollars being used well you only have to run to one place which is well if you can do that for me where it is if you can if you can do that for me please but can you answer can you share with us about the conceal and and to be clear what we've done is we've taken the Durham city ordinances and simply made them consistent with changes in state law that restricted the city's abilities to prohibit concealed weapons and in certain city facilities namely parks there was a change back in 2012 effective in 2013 and the general assembly has whittled that down those changes down as well so this is simply we don't have the ability to simply say you cannot have concealed weapons in parks they're they're limited to specific buildings and most playground areas except the actual playground part we can't we don't have the ability to make a posting to prohibit weapons or concealed weapons there so all we've done here this is nothing that's come out of Durham this is simply to conform our curtain ordinances with what the general assembly has limited the city's abilities to restrict and those persons who want to carry concealed handguns in the parks we are allowed to do that now pursuant to to what's in the ordinance you'd have to specify exactly what's in there we've changed the regulation to be consistent with state law thank you sir thank you entertaining a motion on item item it's been proper to move in second madam clerk we open the vote and close the vote that's item 11 it passes seven is zero thank you we're going to move now to the city managers prior to item and what I'm asked the city manager to do is to read for the record although council members have a copy of it uh his response to the viewing regarding the recommendation of the Durham human relations commission and civilian police reboard review board on regarding police department matters mr manager thank you mr mayor for the record this is a memorandum that I sent to the mayor and city council today in response to the request that we provide some information that this no later than this meeting as to the approach that we will be using as you indicated the subject is the review and response regarding recommendations of Durham human relations commission and civilian police review board regarding police department matters uh this memorandum is written to the city council by me and says as follows at the may 22nd 2014 city council work session the Durham human relations commission presented recommendations regarding allegations of racial bias and profiling against the Durham police department the report contained 34 recommendations for consideration immediately preceding this report the city of Durham civilian police review board prepared and presented 10 recommendations to the city manager regarding their views on improving the role of the civilian police review board in police community relations following the presentation at the may 22nd 2014 meeting the city manager was directed to report back to city council at the june 16th 2014 city council meeting as to what steps would be taken to review and respond to these recommendations and to provide a timeline for completing the work as I stated at the may 22nd 2014 work session I take the concerns raised by the community as well as those raised by advocacy organizations very very seriously and recognize the necessity for a trusting relationship between the Durham community and the Durham police department I do realize that as the city manager to which the police chief and the police department report I am personally responsible and accountable for ensuring that this trust is upheld at the highest and most responsible level and I am confident the dedicated men and women who serve the community in the Durham police department want the same thing as such I have committed that I will personally lead the review and evaluation of these recommendations along with several members of the city manager's office this process will include a review of the best law enforcement practices and North Carolina peer city practices as they relate to the recommendations the review will consider feedback and response from the Durham police department I will also commit to meet separately with each of the advocacy organizations that have participated in the process to date the purpose of these meetings is not to rehear the testimony presented at the human relations commission over the last several months but to hear their thoughts and priorities on the recommendations the city attorney's office will also be consulted and play a critical role in this evaluation as many of the recommendations may potentially be impacted by statutory or case law or by city charter or local ordinances I am confident that the city attorney will personally see to the timely and thorough support that will be necessary from that office if during the course of this review it becomes apparent that a particular recommendation is appropriate and within my authority to direct its implementation I will do so immediately other recommendations that may sustain concurrence but are outside of my authority will need to come back to the city council for consideration also it is reasonable to expect that some recommendations both within and beyond my authority will not receive my concurrence in all cases those two will be presented this city council with support materials for consideration in conjunction with the final report in response to all 44 recommendations to date issues associated with wrapping up the fiscal year 2015 budget have delayed significant work on this review we will begin in earnest the week of June 16th due to the complexity of several of the recommendations additional research needed coordination of meetings and summer vacation schedules I believe it is reasonable to think that this work can be completed in approximately 60 days as such I have suggested the report be presented at the august 21st work session if the report progresses and is completed sooner than expected we will be prepared to present our response report at the august 7th work session again I wish to thank all of those who have participated in this process so diligently and patiently especially the city council for allowing the external process to proceed without intervention I look forward to the completion of my review of this matter and presenting my recommendations to you I am confident that to the extent trust and confidence have been negatively impacted between the city of Durham the Durham police department and the Durham community they can be recovered and enhanced moving forward thank you okay now this is a request that this city council made of the city manager with regard to that issue he's brought back his report and our first one is referred to members on the council if you have any questions comments of the city manager's report I recognize councilman shul thank you mr mayor I think we all wish that this could all be done taken care of instantly but we know that it can't we've heard from a few people in the last few days that they hope we would be able to act tonight on some things but I think that members of the community including some of our friends who are here need to understand that the council really hasn't had the chance to vet these recommendations as a group and that we need to do that and we need the administration to help us on some of them and I thought your timetable sounds good mr manager and I also appreciate the sentiments you expressed about the need to rebuild the trust and I think that's an essential an essential part of our task as well and so I really I thought you had a really good statement and I appreciate it very much thank you are there any other persons who want to comment on this item let me say this before we do that I saw some phages grimacing eyes turning up when I was first asked about this item this is my intent to hear comments I'm going to limit it to two minutes but I just wanted to be made clear that this was requested the council made of the city manager he's made his report back the council needs to act first in terms of whether it supports the manager's recommendation or not at some point in time I'm going to entertain a motion to accept the city manager's report as presented or modified from the council but before I do that I want to let the council make his comments those in the public that have asked to speak I'm going to allow each one of you two minutes to speak on this item after you've spoken then I'll entertain a motion from the council to either accept the council the city manager's report or modify it or what have you just in case you say something that might strike the members of the council is something they want to include so Jane do you want to comment now do you want to wait to hear from other persons okay I'm going to call the names of the persons that have signed up to speak if you go to the podium to the right two minutes and please respect the time I have Chris Tiffany uh minister Zahidi uh Hilton cancel and Reese is this Charles Reese irate I'm sorry what's the name iris Reese so if you can come to the podium to your right and you each have two minutes okay anyone having been targeted by cops know cops target people for reasons other than probable cause and there are problems in addition to racial profiling at traffic stops the most serious repeated complaint the systematic mishandling of complaints for example the chief said parents well I'm sorry uh two minute version uh two parents took a complaint repeatedly to both the police department and city hall that a cop pulled a gun on their eight-year-old son but complaints are being handled verbal only screened out by desk officers sergeants on up so IED professional standards the police chief the city manager the chief administrator to whom the police chief reports anyone over the rank of sergeant can say they didn't know what street cops are really doing in targeted neighborhoods if you're a teenager you're a criminal suspect if you use drugs at Duke it's okay um but only racial profiling at traffic stops is advertised for the public hearings complaints of anti-loitering cops at bus stops falls on deaf ears looking only at racial profiling at traffic stops ignores even concerns about male cops targeting women existing data could identify individual male officers who have been targeting women but the department does not identify suspect officers from its own data and failure to file complaints received in one ear out the other means the department is willfully ignorant complaints have to be documented more reliably than the department's hide-and-seek form that has less than half the size of a sheet of toilet paper for your complaint so complaints should be filed by civilians who take complaints every day all day at city hall the city manager's one-call system is professional neutral and above all safe you can even make anonymous calls to file police complaints call one call five six oh twelve hundred make it true that one call does it all a cop here explained to me how they can claim to get consent from anyone with a trick question mind if we search you yes or no they search you you have to somehow tell angry armed press thank you thank you demand an ncr consent form copy for you copy for them and write consent you can leave your comments with the clerk if you like your written comments the next person if you just identify your name and address which states since we first brought our concerns about racial profiling to city council last september hundreds of innocent people have been wrongfully stopped by the police and subjected to unnecessary invasive searches the overwhelming number of them have been black i repeat the overwhelming number of them have been black some of them like mr john hill have been met with a sexed force and violence when they were sought an explanation for why they were stopped personally i experienced being among mr john hill that sunday morning he got on the bus which i was riding to mohammed's temple and he was bandaged up and i asked him did you go to the hospital he said no he said the ems wagon the emergency service wagon banished me up somewhere near the police station and in phase conclusion they says this these residents and many others in this community are looking forward to working with their elected officials in the city to address their very important issues in my conclusion those who consider these matters are these issues as something that is treacherous something that can be made for an entertainment of a show i want you to remember fedsville number one there was an open revolt at the police station in fairsville when these same issues were brought up number two the retirement of the fair bill police chief and yes the resignation of the senator thank you welcome uh hilton cancel hi my name is hilton cancel and i'm representing the the national latino peace officers association of north carolina chapter i worked uh for several years with the doran police department starting with the kent fletcher um and all the way through our present chief and i'm just a little concerned about some of the things that i've been hearing in terms of rumors about getting rid of the chief i i can only say that i'm concerned about these rumors and i hope that this august body will give him a fair shake in terms of not getting rid of him for a host of reasons we already just went through a situation with tony asian who's the chief of capital police department and we had to sue over it he got his day in court he won of course there was a uh there's been appeal on the part of the state so thank you for your time i'm short you're welcome iris riz all right first of all thank you all this for being out here and listening to us i just wanted to take a moment to respectfully respectfully come before you to express my concerns as a latina as a hispanic business owner in doran for the last 16 years but most importantly a citizen of a city that i chose to live in because of its diversity here i want to read to you something that says for quite some time there have been talks in the hispanic community about the potential removal of chief lopez due to allegations of discrimination and racism and we have had individuals making public requests to remove chief lopez from his position as a quote unquote solution to issues in the city of doran issues that have stemmed long before his acceptance of chief of police and issues that were proven to be just allegations we've just heard what happened in feaville with their chief and their city manager your segue um city manager bonfield was excellent i agree with you i totally agree with you let's not allow this to happen in our city i ask you to please not fall in line with those making empty allegations and accusations and please do not let the actions of these people who make you don't let these actions of these individuals make you feel strong armed to have our chief removed he's leaving his leaving before the 10 years will be a strong indication that politics of special interest groups have once again managed the politics of the city they have also been talks that the hispanic community does not stand behind their chief well today i'm using my voice and i'm using my voice because i want you to know that we will no longer allow anyone else to speak for us we are articulate and we can speak for ourselves i stand before you with with no other intent or purpose than to represent our community and support our chief but most importantly for the sake of encouraging true unity amongst us all of us not just hispanics but minority as a whole we need to move away from the weeds and the dumps and become us because only through us are we going to move forward i'm just saddened and i just hope that hopefully we can work together thank you assist darsie wilson oh nancy wilson pardon me nancy sorry about that uh-huh um good evening uh mr. mayor and council members i actually had intended to read the fade coalition speech but uh since rafiq read it i will just make a couple of statements my name is nancy wilson i'm the executive director of spirit house and we are an organizational member of the fade coalition we've been working with the fade coalition since since day one and i i want to make a comment about the comment that you made mr. mayor about the facial expressions that you saw and i want to be clear about my facial expression which was because you made a statement about this not being a witch hunt and that was very concerning to me because the fade coalition from the very beginning has not been individualizing this this our concerns this really has been about institutional racism and about what we see as something that is systemic and it's not just systemic in Durham it's systemic across the country and our desire for this great city of Durham to actually act in a way where we as a city can actually address the issues there are many things that we understand as a coalition cannot be done because we are it is up to the state but there are several things that we understand that we know can be done we appreciate the city manager's decision or working over the next 60 days again if you look back to our initial request we were asking for 60 days and now that's almost a year ago but we were still asking for a full comprehensive look at all the many things that we were bringing before the city council and the things that you can do what we would ask at this time is in those 60 days for all of you to go into the community and have conversations with the community members that are most impacted by this issue it's not just numbers on a piece of paper it is real people it is Mr. John Hill there's several other community members who feel targeted by the police department and the only way that you're going to hear those stories is if you go into those communities and have conversations with those very real people so I hope that you all will consider doing that if you need any help if you need us to bring folks to you we are more than willing to have people come and explain what's happening in their neighborhoods thank you I appreciate your explanation for which reaction to my witch comment witch hunt comment not witch comment speaking of witches um let me let me get to um Mr. Hall Mr. Hall please my name is David Hall I am a member of the community here in Durham live at Gray Avenue I am a member of the community in that I sit on boards in Durham I appreciate living in Durham I try to make Durham a be part of the things in Durham that makes life livable I'm also here to say that through this last 10 months I speak from personal experience my family speaks from personal experience we've moved into the target area I'm an attorney here I work with the community decided to move into the community and my family has been experiencing things with the police department most recently within the last couple of weeks the police pull up to my son while he's walking downtown not can we have a conversation it's get in the car get in the car those are the words spoken to him not can we have a conversation can we talk to you about something that's going on what do you expect a teenager headed to college to do when the police pull up and simply say get in the car we don't make this stuff up as Ms. Wilson pointed out we have not been here calling for heads to roll we're not on a winch witch hunt we're talking about systemic and institutional racism and it's real and it happens I'm here to tell you it happens to my family v. Peterson Mr. Mayor and City Council members you have heard over the last year from different folks and you've heard from me so I'm just going to cut right to the chase I've asked this council and so I'm going to ask it again I'm asking this council the people who we have voted to put in office to ask the city manager to ask the police chief to resign many persons who I have spoken to in the African-American community they're very tired of this man there may be a few who may want them to stay but Steve in my community just about all the time African-Americans come to me because they see me here and they have asked me Mr. Mayor and other city council members when is the city council going to do something about the police chief mrs. Peterson we see you down here we hear you and there is a problem with him if this was in um Cora you said that the city is sort of like the the city manager is sort of like a CEO if he's a CEO and Mr. Bonfield I like him I think you've tried to do a very good job for this community I'm going to say that publicly but with this issue there is something wrong because if the police chief was somewhere else in a company in a 500 fortune company he would have been gone they would have asked him to leave this has been a bad an embarrassment and the lawsuits on Mr. Brown that some of us are very concerned about that is causing our taxes to go up we have to pay for these lawsuits Mr. Davis this community to taxpayers we're going to have to pay for that thank you please ask the city manager thank you the last speaker to ask the police chief to leave last speaker and thank you Charlie Reese thank you mayor bell excuse me members of the city council city manager bonfield the first thing I want to say the loft topic the debate that was held in this chamber tonight about the solid waste fee was worthy of a great city thank you thank you all of you I don't just say that because I supported the resolution the second ish thing I want to say is that thanks to the crack reporting of the herald sun I need to show a clarification about the letter that our organization sent to you on friday during people's alliance and none and the fade coalition have not asked for the use of written consent forms for all vehicle searches that's not reasonable officers have a legitimate reason where they have probable cause or some other legal justification search vehicle without consent what people's alliance and what I intended to convey in that letter and the herald sun has been kind enough to issue a clarification their story tonight is that we support the fade recommendation and also the recommendation put forward by the human resource commission that officers be required to use a written form when they ask for consent to search vehicle that is an area where significant racial disparities been identified here in Durham and we believe along with other members of the community whose voices we join in this effort that that one step will create a significant we'll have a significant impact in reducing that disparity the third thing I want to say tonight is that first of all I thank all the members of the city council who responded to my letter specifically and also city manager bond field you've been very responsive to us and all of the groups in the community who've reached out to you to talk about this I appreciate that and I understand that the issues that have been raised by the human human rights commission and and the other community organizations are very complicated they involve issues that are densely packed their controversial and that they have to be dealt with with a sensitivity that that also merits a great city like Durham and in a way that brings our police department along with us in seeking to make them a better partner in the life of our community but I just hope that you'll remember as we go through this period of 60 days of review and deliberation and consideration that these racial disparities are real they exist today not in some hypothetical future they exist now every day that we continue to debate these issues those disparities will continue real people are harmed let's begin to heal our city thank you okay I think that concludes all the persons that asked to speak on this particular item and I'm out of now back before the council I'm going to recognize councilman brown who had some comments before we went to the public comments I support the city manager's letter okay in that case for the record I don't take no motion to accept the city manager's report second it's been a property movement second any further discussion hearing none madame clerk will you open the vote close the vote it passes seven to zero okay any other items come before the council tonight not we're adjourned at 9 39 p.m. thank you