 up a second I'll see if people talk. Mr. Bacon. Good evening we'd like to call the Durham City Council meeting to order and certainly want to welcome all of you that are here for us this evening on Monday the 17th if we could just take a moment of silent meditation and I would ask those who might remember the former Governor Jim Holthauser who understood past past today and his family thank you. Councilman Brown could you lead us in the pledge. As a clerk could you call the roll please. Mayor Bell. Present. Mayor Pro Tem Cole McFadden. Councilmember Brown. Councilmember Cotati. Councilmember Moffitt. And councilmember Shewell. We have four proclamations that we'd like to present this evening and the first I would ask our director of parks and recreation run the park if she would join me please. Proclamation speaks to parks and recreation month whereas parks and recreation programs are an integral part of communities throughout this country including the City of Durham whereas Durham Park and Recreation activities are vitally 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 build healthy active communities that aid in the prevention of chronic disease provide therapeutic recreation services for those who have mental developmental of physical disabilities and also improve the mental and emotional health 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 Durham's park and recreation areas are fundamental to the environmental well-being of our community whereas Durham Parks and Natural Recreation areas improve water quality protect ground water prevent flooding improve the quality of the air we breathe provide vegetative buffers to development and produce habitat for wildlife whereas Durham's park and recreation natural areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors 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 we in view of the all middle of the city of Durham in North Carolina do we ever claim July 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 again witness my hand corporate city of Durham North Carolina this is 17th they have June 2013 and I will present this to Ms Parker for an accomplished say she may have thank you mayor bell mayor pro pro temp core Cole McFadden sitting manager Tom Bonfield city attorney city council and deputy city manager I appreciate the proclamation because July is Parks and Recreation Month and I would just like to mention just a very couple of couple of things is that summer camp started for young people today so we have a nine-week camp going on and we also have our pools that open up last week and our spray grounds are open but I really wanted to invite all of you to the city's 4th of July celebration which will be at the D BAP and there will be a game you have to buy tickets for the game but at the bottom of the inning the gates open up for anyone who wants to come in and participate we have fireworks scheduled for 915 after comments from our officials and the American tobacco campus and the Durham bulls and capital broadcasting are working with us there will be a jazz concert going on from six to eight and there'll be performers strolling around so there'll be a lot of things going on for the whole family so we hope you'll come out and join us and celebrate the july 4th thank you next we'd like to ask Donald Long director of solid wasted don't join me some of you probably saw some of the employees as you came through the lobby this evening you might have eaten a piece of cake like i did but these are employees that probably everyone in the city gets an opportunity to see it at some point in time in terms of the service they provide and without the service they provide our city probably would really be in pretty bad shape and it's not to say that all cities don't have waste collection departments but i think our employees in particular do a super job in the work that they do this recognition is solid waste employees appreciation day and it speaks to the fact that where solid waste management employees provide a very central and vital service handling the collection of solid waste of our citizens where solid waste management employees are exposed to the dangers of working high traffic areas braving elements on a daily basis and work very hard where solid waste management employees performing in their daily duties help reduce the spread of disease reduce blight and serve as community ambassadors whereas solid waste management department strives to be leaders in the area of technology and good stewards of the environment whereas solid waste management department is a diverse community represented by all races creeds genders and operate efficiently in the collection of waste materials whereas the city of Durham is a leader in the state in the efficient collection of solid waste materials and its appreciation of solid waste personnel now therefore i weekend v bill they'll mail the city of Durham north carolina do hip-hop reclaim june 17th 2013 is solid waste employees appreciation day in Durham and do further call upon fellow residents of the city of Durham to observe this day and do his or her part to recognize the employees of the solid waste management department they work daily to complete a very very difficult job witness my hand in court facility of Durham north carolina this is 17th day of june 2013 and we'll present this to donal for any comments that he might have i'm a solid waste employee well thank you mr. mayor mayor pro tell members of city council mr. bonfield mr. Ferguson um first of all i want to say that solid waste employees appreciation day in my world that's every day every day they go out they hit the road they do a very very very good job uh the solid waste association of north america our professional association has designated today as garbage man appreciation day i didn't particularly like that i thought it kind of devalues what we do and it devalues hardworking folks so i changed it to the title that we have it as today uh the employees of this department will continue to work hard for the citizens of Durham and on behalf of those hardworking employees thank you all very much for the acknowledgement i would ask uh dona delong if she would join me please don is president of the Durham regional association of realtors and their regional represented from crayons to calculators calculators and okay well i'm gonna let you do all that you want to do i'm just going to present the proclamation but this this has to do with buses but also has to do really with education and school supplies in the Durham public schools where school supplies enable and inspire school success where 62 percent of students in Durham public schools qualify for free or reduced price lunch and are unlikely to be able to afford the supplies they need for their education whereas distributing needed supplies support supports supports Durham's residents students and teachers whereas since 2002 the Durham regional association of realtors has collected donations of school supplies in the months of july and august to enhance the learning opportunities of students of Durham public schools whereas crayons to calculators have provided over 350 000 of supplies to Durham schools and is growing and whereas the city of Durham recognizes that the efforts of the entire community can help ensure that all students and teachers have the tools needed for a successful learning experience donation bins will be available in the real estate firms all over Durham or at the Durham regional association of realtors at 42 36 university drive in Durham north carolina realtors will fill the bus with supplies and delivered to dr lewis faraday the Durham public schools chief of staff on august of 27th 2013 crayons to calculators will facilitate an equitable distribution of all collected supplies to support Durham public school teachers and students now therefore i we will build the all mayor of the city of Durham north carolina to live by proclaim august the third 2013 as 2013 filled the bus day in Durham hereby I encourage and call upon the citizens of Durham to observe this day by contributing classroom supplies to ensure that students and teachers have the necessary tools needed to achieve a positive learning opportunity witness my hand in corpus filled Durham north carolina this is the 17th day of June 2013 and I'm going to present this to these two young ladies and let them introduce themselves it's who they really are I'm Amy Cummings I'm the executive director of crayons to calculators and I just want to say thank you so much to everyone who provides supplies for our school students thanks donald along Durham regional association and realtors president thank you very much for the acknowledgement this recognizes olympic day whereas for over 100 years the olympic movement has built a more peaceful and better world by educating young people through amity athletics by bringing together athletes from many countries and friendly competition by forging new relationships bound by friendship solidarity and fair play whereas the united states olympic committee is dedicated to coordinating and developing amateur athletics activity in the united states to foster productive working relationships among sports related organizations whereas city of Durham promotes and supports amateur athletic activities involving olympic and paralympic sport whereas city of Durham assists organizations and persons concerned with sports and the development of athletic programs will able-bodied and disabled athletes regardless of age race or gender whereas june 23rd is the anniversary of the founding of the modern olympic movement representing the date on which the congress of paris approved the proposal of piera dig copartain to found the modern olympics now therefore i will you be bill bell mayor of the city of Durham north carolina do you have our proclaiming june 23rd 2013 as olympic day in Durham and hereby urge all citizens to take special note of this observance with appropriate ceremonies and activities and witness my hand corporate civil city of Durham north carolina this is the 17th day of june 2013 and present this to shang for in the comments that you may have just wanted to thank mayor bell and the city council for uh okay i mean june 23rd olympic day thank you uh before i um ask for comments from the members of the council i i failed to do something i had planned to do it our last council meeting i just i just didn't do it uh we all know that we and again when we talk about olympics it just reminded me again uh we're a city of champions in many ways not the least of which is in athletics and we all know that uh duke university was a champion in the cross conference a couple weeks ago i guess about three or four weeks ago and i just think it's appropriate that we acknowledge them and mr. mountains if you could prepare a letter for my signature on behalf of the city council to duke university and the coach of that team having said to let me ask are there other comments from members of the council recognize the mayor pro term good evening i'd just like to again recognize the presence of my new godson immanuel colman he asked if i would be his godmother and so i will proclaim publicly that i am now your godmother stand and let the people see who my new god job he is an eight-year-old uh student at eno valley elementary school and um i'm very proud of him can i ask counsel i wasn't going to comment but since we're doing recognitions i wanted to recognize my former colleague on the school board pastor frederick davis is here tonight uh when i left the school board pastor said he was going to be right behind me but i think we're about six years in pastor and you're still there so but good to see you tonight don't often look at facebook but i just happened to open facebook and i saw that deputy manager wander page has an appointment for four years to the board of visitors of the unz system let us give her a round of applause stand up wander she's she's sort of bashful and so she won't stand but congratulations i want to announce that um on wednesday july 31st at nine o'clock a.m. i would like the council to meet and the council city council conference room for the purpose of doing performance evaluations of the city manager city attorney the city clerk and i understand the clerk has coordinated up with everybody so everybody's scheduled meet that and we're both city manager city attorney and city clerk in in that order are there any other comments if not we proceed with the prior items by the city manager thank you mr. mayor members of the council good evening everyone two priority items this evening agenda item number 20 which is the proposed fiscal year 14 planning department work program this item needs to be referred back to the city administration and agenda item number 29 mini assessment role for sewer main on east cornwallis road this item also needs to be referred back and will be rescheduled for the first meeting in august thank you management second it's been properly moving second madam clerk will you open the phone close the vote it passes six to zero recognize the city attorney for any prior items thank you mr. mayor no priority items likewise recognize the city clerk yes mr. mayor members of the council item 38 has been added to your agenda is a supplemental item it's the ordinance setting the filing fees for candidates to municipal office in the city of Durham for the election coming up in November of this year entertaining motion and recognize the city clerk's prior time it's been properly moving second madam clerk will you open the vote close the vote passes six to zero all right we will proceed with the agenda of course the consent agenda items may be approved with a single motion if a council member or a person from the audience chooses to remove the item we'll do that at the appropriate time and recognize the comments again i'll just read the heading of each one of the consent agenda items number one is citizens advisory committee reappointments item two is the Durham city county environmental ferris board reappointment item three is street acceptance item four is fy 2012 2013 a members to the budget ordinance grant project ordinances and internal service fund spending plan resolution and resolution for using contingency funds and acceptance of a donation item five is physically a 2013 2014 budget 2014 2019 capital improvement plan mr mayor recognize councilman shul mr mayor i don't want to pull this from consent but i do want to note that i would like my vote on 5d to adopt an ordinance to establish a monthly rollout card solid waste fee to be recorded as a no i have made my case on this note at the previous meeting and also at the previous work session and did not prevail but i continue to feel that this is regressive and we'd be better serve financing this in another way i do know how badly we need this the the the trucks and so forth that this is paying for but i feel that we could be doing this in a better way mr mayor so i'd appreciate it recording a no vote on that for me recognize the councilman stuels remarks on that recognize councilman katari similar to councilman shul i have the same concerns and would have preferred to fund this with the property tax increase i do support the additional vehicles for the solid waste department so just want to record 5d as a no vote thank you clerk would recognize that at the appropriate time uh item six is wow item six is approval of the assignment assumption and modification of the loan to price deal place housing ink item seven is mortgage loan originating underwriting agreement with sun trust mortgage ink item eight is approval of an economic development initiative special project sub recipient contract between the city of durham and calvary ministers of the west end community ink item nine is fy 14 agreement to fund downtown durham ink for city economic development programs item 10 is contract for city services and programs for the downtown durham municipal service district fy 2014 item 11 is ninth street infrastructure project development agreement between the city of durham and cp gpi regency erwin llc item 12 of bids term contract for hydro ballistic acid flucic acid 800 tons item 13 is bids term contract for sodium hyper chloride 936 000 gallons item 14 is bids for term contract for liquid ammonium sulfate 4560 tons item 15 is bids term contract for liquid sodium hydroxide 2000 tons item 16 is carolina theater agreement extension item 17 is compensation classification plan recommendations item 18 is employee assistance services item 19 is 2013 2014 benefit recommendations item 20 is proposed fy 14 planning department work program work program item 21 is duke energy yeah i just read if i have it here i would accept it as the manager supplemental priority i mean item 21 is duke energy power pole replacement and your driver streetscape item 22 is under local agreement between the town of hillsburg and the city of durham regarding disposition of municipal solid waste generated in the town of hillsburg at the durham transfer station item 23 is sharp rental agreement to multifunction print devices agreement number 1681503 item 24 is passed through agreement with durham county for the allocation disbursement and accounting of federal transit administration section 5316 funds item 25 is the grant project ordinance agreement between the city of durham and north crown department transportation for an apprenticeship intern program at data item 28 is outdoor passenger information systems project item 27 is bus refurbishment contract award and items 28 to 32 items that can be found on the general business agenda as public hearings entertaining emotional approval extended with the exception of item 20 and 29 that's been properly moved to the second item clerk will you open the vote close the vote it passes six to zero with council member council members katati and shul voting no on the monthly solid waste fee before we move to the general business agenda public hearings on assessments improvements uh since we have adopted the budget with the indicated comments uh there's an item and i had some discussion with the city manager on this side some of you may or may not know that there's been a concern raised by the board of county commissioners in terms of funding of the warrant program i've had a discussion with the sheriff and explained to him from my viewpoint of why we made that decision at the time we did but there's also been some concern that maybe the county might want to do a little bit less in terms of planning i've told the manager i support that i mean my position would be i i think given what we're seeing that you know quite frankly we might be doing more planning in the city's jurisdiction than the county and if the county commissioners uh want to take over the warrant program i don't have a problem with that and i don't have a problem with taking over an additional money for the planning department so i'm just throwing that out at the appropriate time we can have have that discussion but that would be my recommendation to recognize councilman caitani thank you mayor um at the work session or the budget planning i made my feelings clear about the warrant program i do feel like we've addressed the backlog and we've supported that program for several years more than we initially planned i do i would like to have a much broader conversation about the planning department because i am very concerned about the implications of that because of the way the interlocal is structured when the county reduces funding it has an approximate or comparable reduction in the city funding i believe and so it has a much bigger impact than the than the initial dollars would look and um you know joint city county planning has committee has looked carefully at the work plan and um i noted previously how much i appreciated the planning directors ability to incorporate the transit the planning for affordable housing around transit so we work to build things into that work plan and i do believe that um the county reduction in funding will have a significant impact of course we haven't seen that we won't see that until august but i i just without having the details am concerned about that so i just wanted to reflect that now thank you my suggestion isn't that we reduce the work amount i guess my suggestion is if the county doesn't want to fund it that uh we we look very closely at funding ourselves and let them go ahead and do the warrant control that they raise a question about and again i haven't had a conversation anybody on the county side and i'm just have read from the meteor accounts and i just had a conversation with the city manager but i think it broke down we can have that discussion recognize the mayor approach to make sure that the the county manager understood that our agreement had ended did we'll see a where i mean this is do you mean the agreement for warrant control yes well clearly we we have been talking about two separate agreements one the the three month extension of the current agreement and then the second piece was the new agreement that will go into place beginning october 1st because i know the comment was made to me by a couple of commissioners that the city council did not make them aware of it and i thought that that was done by the administration so maybe we just they need clarity on on the roles that we actually play recognize council marvin i just want to take a moment and say that i agree with you that i think that the long-range planning in this community is essential and if the county is not going to fund their portion of it or not fund all of their portion of it that it does fall to us to um to go ahead and fund that because i think that the long-range planning including affordable housing and especially around future transit stops is just so important to this community that we can't not do that so you have my support okay recognize councilman brown yeah thank you and i basically concur with all that has been i basically concur with all that has been said but i also believe that the last thing we need in this community is to get into a battle with those who happen to reside on the other side of the street let us say the county government believe me folks at least in my judgment we have enough challenges in raleigh as well as in washington dc and we need to do what we can to work together for all the people of Durham county and Durham city thank you we move to the general business agenda public hearings item 28 public hearing to consider ordering street paving on clover hill place dunwoody subdivision on the neighboring act authority uh good evening mayor bell members of the council robert joiner development review public works department item 28 is to consider the ordering of street paving on clover hill place in the dunwoody subdivision from south riverdale drive through the end of the culvis act this is enabling act authority inside the city limits staff recommends the council adopt a resolution to order the project this is a public hearing matter i would ask other comments by members of the council on this item is anyone that would like to speak on this item independent of whether you signed up or not let the record reflect no one in the public asked to speak on this item i will declare public hearing to be closed as a matter of fact for council it's been properly moved to second madam clerk will you open the vote close the vote it passes six is zero moved item 30 approval of proposed amendments to the f y 2009 2010 2010 2011 2011 2012 2012 2013 annual action plans good evening mayor bell members of city council reginald johnson director of department of community development this item is a reconciliation of several years uh annual action plans and i will turn it over to will mcconnors of federal programs coordinator to provide you with the detail good evening mayor bell members of city council i am will mcconnors federal programs coordinator for department of community development the purpose of this public hearing is to receive citizen comments on the proposed amendments for the subject plans as outlined the citizen participation plan contained in the adopted consolidated plan requires that a public hearing be held for formal amendments that either add delete or substantially change any consolidated plan or annual action plan notice of this meeting was advertised in the herald sun the general lists serve and on the department's website on may 16th and in the carolina times on may 18th the proposed amendments record represent a reconciliation of grant funds to the city general's ledger and assist with the timely expenditure and administration of community development block grant funds and the home investment partnership funds to meet federal guidelines as prescribed and some recent federal programmatic changes the proposed amendments represent a reconciliation of approximately $1,357,071.86 to the community development block grant program and $1,699,621 to the home program the proposed amendments were made available for public review from may 16th through june 17th at the department of community development the derm county public library at the city and county clerk's offices and at the front desk of city hall in addition to the department's website and was also distributed via a general lists serve updates to the proposed amendments as it relates to the home program for the subject annual action plans were also republished on may 22nd 2013 later tonight on the agenda we request that council approve the proposed amendments to the fy 2009 2010 2010 2011 2011 2012 and the 2012 2013 annual action plans in closing comments from this public hearing and a summary of any written comments received from citizens concerning the proposed amendments will be included with the submission to the department of housing and urban development thank you the council has heard the report questions and comments by members of the council let me ask this being a public hearing is that anyone in the public that would like to speak on this item with the comments that the record reflect no one in the public has to speak on this item i would declare a public hearing to be closed as a matter of fact for the council the property movement second madam clerk will you open the vote close the vote it passes six to zero moved item 31 public hearing on proposed sale of 48 lots in south side good evening mayor bailmembers of council larry jarvis department of community development uh because some of the buyers of the homes that will be constructed on the lots are not low to moderate income we are required uh to ensure that we sell the property at fair market value as determined by an appraisal and to conduct public hearing disclosed in terms of the sale so following the public hearing we would ask that council uh authorized the sale of the lots at the indicated value and authorized the city manager to execute sales contracts related documents for the conveyance of the lots to the home builders thank you you've heard the report and recommendation of the staff i don't ask that questions by members of the council first hearing none is anyone in the public would like to speak on this item let the record reflect no one in the public has to speak i would declare a public hearing to be closed as a matter of fact for the council it's been a property movement second madam clerk will you open the vote close the vote it passes six to zero thank you moved item 32 street closings 109 linear feet of urban roads street closing one one two zero zero zero zero zero four good evening steve medlam with the Durham city county planning department the request before council this evening is a request by duke university to close roughly 109 linear feet of urwin road for a width of about one and a half foot because of a encroachment within the right of way of a existing wall retaining wall there in front of the hospital the request has been reviewed by all internal departments and by servicing utility providers and no issues have been identified staff is recommended approval and i'll be happy to answer any questions you may have thank you again this is a public hearing matter public hearing is open as for comments from the council hearing on is there anyone in the public that would like to speak on this item let the record reflect no one in the public has to speak on the item i will declare the public hearing to be closed as a matter of fact for the council it's been a property movement second madam clerk will you open the vote close the vote it passes six to zero the supplemental item item 38 ordinance filing fixing filing fees for candidates to municipal office in the city of derm the property movement second discussion hearing none madam clerk will you open the vote close the vote passes six to zero thank you any other items to come before the council you recognize the mayor pro term clement was named spectacular man of the year um i think it was given a legacy award for all of the contributions he's made that was on thursday night and i did attend and represent the council thank you so congratulations relations i'm sure he's watching us any other items to come before the council not to counsel adjourn at 7 39 p.m thank you