 Good evening. We'd like to call the Durham City Council meeting to order at 7 o'clock p.m Like to certainly welcome all of you that are in attendance with us this evening It would be just take a moment of silent meditation, please Thank you. I'm going to ask Councilman Davis if he would lead us in the pledge, please That's the clerk if you call her role, please. It's Mayor Bell present Mayor Pro Tem Cole McFadden council member Cotate councilmember Davis councilmember Moffitt Councilmember shul councilmember Brown has an excused absence Well, we have a very pleasant Event this evening and it's probably most of you know in fact, I think probably most of you here because of that We have young people that are going to be sworn in to the Durham Youth Commission And they had a reception a little bit earlier prior to this council meeting and I'm going to ask Miss Evelyn Scott the office director of office of youth for She'll come forth and make introductions. Thank you Again, we just like to thank our parents other supporters family and friends as well as City manager mr. Bonfield and other elected officials we'd like to thank you all for this opportunity again We are just grateful that you all trust us to work with your kids And we're going to take the mayor upon his his plea and he said that he wanted to see us more involved And we intend to do that so look forward to seeing us at the city and the county Meetings to again address some of those issues that are important for youth in Durham Alongside me are Lydia Newman and Anthony Mitchell and we represent the office on you So we are the ones that will be working this year with the students. Thank you at this time We're going to go down I guess and go ahead and take our oath of office by deputy clerk and gray City clerk and gray We're gonna have the students they're gonna come up to the podium and say their name as they walk down I'm Zach Meredith. I'm a senior at Jordan High School I'm Lindsay Molina, and I'm a junior at Durham Academy. I'm Kendall Hinton, and I'm a senior at Southern Durham My name is Michaela Interkin. I'm a junior at the City of Medicine Academy I'm Jonathan every I'm a senior K Academy. I'm Keanna Taylor. I'm a senior at Middle College at Durham Tech Hello, my name is Maya Baker. I'm a freshman that attends research triangle parks. My name is Bianca Razzak I'm a junior at Jordan High School. Hi, my name is Talia Kaptanolu. I'm at DSA as a sophomore Hi, my name is Maya Reed, and I'm a sophomore at Hillstead High School. Hi, my name is Rishon Bailey, and I'm a sophomore at Hillstead High School Good afternoon. My name is future quarter, and I'm a rising junior at Jordan High School Hello, my name is Kelly Traynum, and I'm a junior at Hillstead High School Hello, my name is Ashanti Asia. I'm a senior at Middle College High School Hello, my name is Christine Roister, and I'm a junior at Hillstead New Tech High School Good evening. My name is Taylor Walker. I'm a junior at Northern High School Good evening. My name is Sydney Taylor, and I'm a junior at Hillstead High School Good evening. My name is Tom Brown. I'm a freshman at Southern Durham My name is Mantees Malish, and I am a 12th grader at Durham School of the Art Hello, my name is Olivia Simpson, and I'm a junior at Middle College High School Hello, I am Elizabeth Ellsner. I'm a freshman at Northern High School My name is Jeff Seidel. I'm a senior at Voyager Academy My name is Keith Beasley, and I'm a senior in the IB program at Hillstead High School Raise your right hand and repeat after me. I do hereby solemnly affirm that I will support and maintain the Constitution of the United States and the Constitution and Laws of North Carolina not inconsistent therewith and that I will faithfully and impartially discharge the duties of my office as a member of the Durham Youth Commission Let me ask are there any announcements by members of the council? Recognize Councilman Schuhl and Mayor Pro Tem Mr. Mayor Two things real quickly one It seems from the Youth Commission members that the bow tie is back in fashion And there perhaps is a youth movement that we all ought to maybe take some note of That was a great looking bunch of young people I just wanted to mention that The our Parks and Rec Department had a terrific event at Red Maple Park That they had planned for quite a while the Recreation Advisory Commission as well Red Maple Park Is a is a park off of East Club Boulevard one of our most beautiful natural areas In terms of our parks absolutely gorgeous But it is a park that has fallen into some disrepair and some disuse and the neighbors gathered under the auspices of Parks and Rec The Recreation Advisory Committee was there they were surveyed There were probably 34 members of the of the neighborhood there and Our deputy senior manager both Ferguson was there along with many people from our parks and rec department And I was just very I was really proud of Both our staff And the way the community responded I think it's really going to make a big difference and I think that park is going to come back in a great way and Just wanted to express appreciation for for that and For all especially for all of our city staff who were there and did such a good job Thanks councilman shul and recognize the mayor pro tem Good evening. I was blessed this morning at eight o'clock To attend a great celebration And it was the uh Full bank of central and eastern north carolina Received a three hundred thousand dollar grant from um Bayer Crop science For the backpack program And so that is another step toward assuring that our children have food to eat on the weekends was well attended and We really appreciate where Bayer crop science has done for this community. Thank you Thank you mayor pro tem for sharing that information. Are there any other announcements? If not, we proceed with the agenda First being the senator and items which may be approved. I'm sorry We have for our times about a city manager of city attorney city clerk Thank you, mr. Mayor. Good evening. I had three priority items for this evening's agenda Agenda item number seven the microsoft enterprise agreement There was a couple of changes and corrections to the issues and analysis section of the agenda memo Gender items number 18 and 19 the consolidated annexation joven northeast creek And the consolidated annexation 1307 old oxford road Both of those items have the Some modifications to the recommendation and a required Consistency statement that's now required under state law as per the Director from the city attorney in item 18. That's attachment number 14 item 19. It's attachment number 13 Mr. Baker, I'm sure could answer any questions you have about that And finally, I did want to indicate for the record that we have posted the city manager's report In response to the recommendations from the human relations commission and the civilian police review board Which will be presented to the city council at thursday's work session That has been posted to the agenda On the the regular website where the agenda is and also It is available on the city manager's webpage on our home page on the website. So It will be available for anyone who wants to review it download it print it whatsoever Effective immediately. Thank you Okay, entertaining motion on the city manager's priority items I'm probably moving second madam clerk will be open to vote Close vote It passes six to zero Next the city attorney for our diamonds. Thank you. Mr. Mayor. No priority items. Likewise city clerk Yes, mr. Mayor members of the council. I have three items I like to introduce the city council to our newest Member in the clerk's office the deputy city clerk diana schreiber. She comes from the city of greensboro, north carolina In addition, mr. Mayor We have a first this evening lia. Wyatt who was recently appointed to the citizen's advisory committee And latasha wilson who was recently appointed to the Durham homeless services advisory committee They are here this evening to be sworn in before the city council If you come forward with the clerk I lia did he's why it Did hear by solemnly swear That I will support and maintain the constitution of the united states the constitution of the united states The constitution and laws of north carolina not inconsistent, they're with not inconsistent therewith faithfully and impartially and that I will faithfully and impartially Discharge the duties of my office discharge charge the duties of my office As a member of the citizens advisory committee will help me god Thank you. Latasha Wilson. Hi, Latasha Wilson. Do hereby solemnly swear that I will support and maintain the Constitution of the United States. The Constitution of the United States. The Constitution and Laws of North Carolina. The Constitution of Laws of North Carolina. Not inconsistent therewith. Not inconsistent therewith. And that I will faithfully and impartially. And that I will faithfully and impartially. Discharge the duties of my office. Discharge the duties of my office. As a member of the Durham Homeless Service Advisory Committee. As a member of the Durham Homeless Service Advisory Committee. So help me, God. So help me, God. Let me say to both of the young ladies who've been appointed, we certainly appreciate the fact that you've chosen to volunteer your services for these very important committees. We recognize that there's a certain amount of time that's required with that. But we would ask if there is anything that either this council or administration can do and help me discharge your duties. Don't hesitate to call upon us. And again, congratulations. And thanks for being willing to serve. We'll now proceed with the agenda. The first item is the consent agenda items. And consent agenda items may be approved with a single motion. If an item is removed either by a council person or a member of the public, I'll discuss later in the program. And I will just read the heading of each one of the consent agenda items. First is item one is Durham Homeless Services Advisory Committee Appointment, which is just done. Item two is, I'm sorry, item two is a crime statistics performance audit, June 2014. Item three is an overtime follow up performance audit. Item two has been for June 2014. Item four is utility extension agreement with Biomerics Inc. Trayburn. Item five is utility extension agreement with Angale and Marvelin, Oralina to serve. 602 Pleasant Drive. This is water only. Item six is the city code revision of the right-of-way ordinance, Chapter 62, Article 2, Division 1 of the City of Durham Code of Audiences. Item seven is the Microsoft Enterprise Agreement. Item eight is munis software annual support and license agreement for 2015. Item nine is agreement with Tom Warner Cable Business Class to provide metropolitan area network services to the city of Durham. We'll pull that item. Item 10 is generator maintenance and emergency repair services service contract. Item 11 is pipeline agreements with North Carolina Railroad Company and Norfolk Southern Railway Company with a downtown loop water line replacement construction contract. I entertain a motion for the approval of consent agenda items with exception of items nine and items two. It's been properly moved. And second, Madam Clerk, we open the vote. Close the vote. It passes. Six to zero. Thank you. We'll move to the general business agenda of public hearings. Item 13 is a public hearing on proposed contracts between Argos Therapeutics Inc. and the city of Durham regarding incentives for capital investment within the city limits. Good evening, Mr. Mayor, city council staff. I'm Kevin Dick with the Office of Economic and Workforce Development. And I'm pleased this evening to have the opportunity to present a proposed economic development incentive agreement between the city and Argos Therapeutics Inc. A bit about Argos Therapeutics, excuse me, is a biopharmaceutical company focused on the development and commercialization of treatments for cancer and other infectious diseases. They currently employ approximately 100 workers, and they are located in Northern Durham. They recruit talent from local universities, such as NCCU's Bright Program. And they're a very community focused company. And they make annual donations to food drives that are directed by Durham and Eastern North Carolina food banks. A bit about the project. The project would consist of $40.9 million of capital investment by 2017. Also, the city's proposed incentive payment would be $924,676 over a seven year period, and that is to be matched by the county. The projected capital improvements are slated to yield $1.7 million in new tax value over a 10 year period based upon a built to suit facility that would be located at a site on 2W Alexander Drive. This site is expected to be approximately 100,000 square feet and would consist of headquarters, manufacturing, and research and development. Over 100 positions, additional positions are expected to be created by 2017 with a total of 236 to be created by 2018 at an average wage of over $90,000. The job mix is diverse and includes scientific and technical positions, administrative research and development. You can see the specific positions at the bottom of the slide. As it relates to compatibility with our existing economic development policy and our focus on industries, this project is very compatible. The targeted occupational types within the biopharmaceutical industry include research and development, biopharmaceutical production, and manufacturing. And we have representatives here from Durham Technical Community College that can speak to some of the training, the short term training that's offered at Durham Tech that can prepare individuals for positions at Argos. And I mentioned earlier that the NCCU Bright Center has produced interns for Argos in the past and stands ready to also be a source for their hiring through the Career Center system. And these targeted occupational types, as I said, are consistent with the policy that was approved by council on April 10, 2014. Total incentive package, as I said, 924,676 to be paid over seven years. There is a slated county match. The county approved a similar incentive at their July 28 public hearing. And that's 100% match based upon the creation of the job number that I stipulated earlier. There would be precedents related to the agreement. One is that Argos would agree to a workforce development agreement that would stipulate their use of the Durham Career Center as a source for hiring. And we have begun having discussions with Argos on that basis. Incentive payments subject to the verification of capital investment, as I said, over $40.9 million in capital investment within three years of city council approval, so within three years of this evening if the agreement were to be approved. Argos would have to provide the city with expenditure documentation of the aforementioned capital investment amounts. And they would also need to execute a Durham-based business plan that would show good faith efforts for hiring Durham-based contractors, including minority and women-owned businesses. And we would work with the company to establish good faith goals prior to the execution of an agreement. Why is an incentive necessary? The dollars are needed to make this corporate expansion take place in Durham because there was serious counteroffers from Mevin and Orange County to the tune of over $3.1 million. And by state statute, retaining the company here when there is a significant chance of the company moving elsewhere is reason to offer an incentive. Durham County, as I said, approved their matching incentive on July 28. The combined offer would be over $1.8 million. And on-the-job training grants may be offered to the company based upon them hiring Durham Career Center system registrants. And this would provide those registrants with stronger opportunities for job placement. Again, the city would gain $40.9 million in capital investment and basically in a brand-new facility and approximately $1.7 million in projected new tax revenues, as well as the creation of jobs. Why does this deal make sense for the Durham taxpayers? Well, firstly, Durham would be retaining a company that is creating highways, jobs, and growth industries. And secondly, research and development, manufacturing, and biopharmaceuticals are among the job categories that we cover. That concludes the presentation. But before taking questions, I would like to acknowledge the presence of Mr. Jeff Abbey, president and CEO of Argos Therapeutics, Randall Goller, who is director of facilities, and Fred Miesewitz. Fred, what's your title? He's the chief operating officer. And I'd like to acknowledge their presence here tonight and take any questions if that pleases the council. Thank you, Kevin. Staff presentation, I would ask first, are there comments by members of the council on this item? We do have one person that indicated they wanted to speak in the public hearing. I recognize Ted Conner, and I would ask is it anyone else that wants to speak on this item? Ted, you can come forward on this item. This being a public hearing item. Well, good evening, Mayor Bell, Mayor Pro Tem Cole Mifatin, and members of the Durham City Council. I am excited to be here this evening. This is an exciting night for Durham, and hopefully for Argos Therapeutics. I'd like to once again thank Jeff, Fred, and Randall for being with us tonight. It's exciting to have you here, and hopefully exciting for you to enjoy the palpable support for your company. The Durham Chamber of Commerce is here tonight to speak for our support for Argos Therapeutics expansion in Durham. Their expansion offers an excellent return on investment to the city of Durham with respect to new jobs, a broad range of jobs, new tax base, support for a Durham-born company using technology that came from Duke University, growth of our flourishing life sciences cluster, and bringing positive recognition to our community. Moreover, and most importantly, each day 180 new patients are diagnosed with renal cancer, and it is humbling to know that the personalized immunotherapy treatment that could save these patients' lives and lessen their suffering will be developed and hopefully deployed from Durham, North Carolina. In fact, Argos will be the first company providing true personalized immunotherapies for the treatment of renal cancer. Due to the company's technology platform, Durham will become the epicenter for personalized immunotherapies serving patients nationally and I hope ultimately globally. To help our residents become prepared for work at companies such as Argos, Durham Technical Community College has added two new training programs in the past year and is adding a third program funded through a grant from Duke Energy. Joining us tonight is Dr. Peter Woolridge, Vice President for Corporate and Continuing Education, who supervises the college's industry training programs. Always like for Dr. Woolridge to see how important it is to provide the training for our Durham residents at these companies. All of these programs that Durham Tech provides aligns well with the technology Argos will be using in their manufacturing process or production process. The quest to support Argos Therapeutics Growth in Durham started a long time ago, back in 2011, and it has been a long and very circuitous journey, but with the City of Durham support tonight, Argos will hopefully select Durham as its permanent home. But I will say that with Durham support for Argos, it is absolutely important for the City of Durham to provide their support for Argos, and I think in the end it'll be support for all of us. Thank you, Ted. Are there any other persons that want to speak on this item? This is a public hearing. Come forward and state your name and address, please. You have two minutes. Thank you, Mr. Mayor. I was, I'm Mrs. Peterson, Victoria Peterson. I was looking into book at their report at the information that was submitted to the City Council. I do not see at all a racial breakdown to this company. Where's Kevin at? Okay, maybe he can come back. I would like to know what the racial breakdown is. I am one of the political activists here in Durham, and I've been trying to watch over the last several years to make sure that African Americans are employed in this community. And this looks like this is a very nice industry and a very nice field. We have the Durham Medical Academy and we have some other areas that I'm hoping that this company will draw from to make sure that they have a racially diverse. I'm not ashamed to advocate for African Americans in this community. This state for years have had a history. And as I go back and do my research, it still has a history of discriminating against persons of color. We've got to make sure that our young men and women in this community are employed. And I'm not speaking about all of the other minorities. Nowadays everybody's a minority. I'm speaking about persons of color, the African American community. We've got to make sure that our young men are being employed in this community. So if there is some way that this company own, and another thing, I did not see how many persons in Durham are already working for this company or out there in the Research Triangle. I think that that's something that we need to start asking these companies. If you say that, and I'm going to be speaking on another one, if you say that you have 600 males that are working for you, well, I would like to know how many of those 600 males live and work in Durham. So I think we've got to start, Mr. Mayor, getting some better statistical information on exactly after these companies get started, after they get their monies, how many of them of Durham residents they have employed. And thank you very much, Mr. Mayor. You're quite welcome, Mr. Peterson. And may be, Mr. Mayor, Kevin was responding to that, but that information is a part of the report that we have. Well, I'm telling you it is, and I don't know if Kevin wants to speak to it. It says approximately 25 to 30% of the workers at Argos are Durham residents, and the demographic profile of the workforce is 17% non-cocasian, 50% female, 58% are age 40 above, blah, blah, blah, blah. So that information is available, but we appreciate you raising the question. Let me ask you, is anyone else that wants to speak to deciding to be in public hearing? If not, I'm going to close the public hearing. I do have a question since it was raised. Assuming that the council approves this, what assurances do we have that Argos is going to make the decision to come to Durham? I've heard about Brolin and Alamance and et cetera, so what? Well, I'd like somebody to speak to that. Okay. Well, and I'll defer to the representatives from Argos with any more detail than this, but I mean, we've been given assurance that based upon the amount that we've proposed to them, their board has made a choice to stay in Durham. They believe that the dollar amount that we counter offered with, combined with the proximity to talent, airports, amenities just made, and just Durham's reputation and its collection of biopharmaceutical companies and its reputation really with the financing community as a place where biopharmaceutical companies, high-growth, high-technology-type companies congregate more so than Medbin, so. Do the offices care to speak to that? Yes, sir. You can come to the podium, please. Thank you for your time. Hi, I'm Jeff Abbey. I'm the presidency of Argos. Yeah, so right now all we're waiting on is a decision from the state regarding our incentive package, but as Kevin said, we went to the board and we looked at the Durham proposal and the Medbin proposal, and even though the Medbin was financially more attractive, we felt for the company, given that we already have 100 people employed here in Durham and we don't want to upset that by changing their commute in a negative direction. If we get what we're asking for from the state, which we expect to know in the next couple weeks, we plan to stay in Durham. Thank you. It was important to ask that question since it had been raised upon the public record and we appreciate your response. Yeah, and I just want to thank Durham, Kevin and Ted in particular, but the city and the county for the support of Argos. We, as both Ted and Kevin said, have been Durham located since the beginning, since the spinout of Duke, and we want to remain Durham located as we become a commercial, fully integrated company, revenue generating and profitable in the future. Thanks. I would say this council in particular has worked very hard to try to make this a very business friendly environment to not only through incentives, but other quality of life efforts to attract companies such as yourselves and the quality of product that you're involved in. So we appreciate the fact that you're leaning towards making that decision. And once this council makes a final decision, then we'll leave it up to the state and hopefully we'll come back in two to three weeks until we'll see you here. Great. Thanks, Mr. Mayor. I recognize Councilman Shewell and Councilman Moffitt. Thank you, Mr. Mayor. I wanna just second what the mayor says. We're really glad that you all are planning to be here. These are great jobs with great pay and that's really important to us and so that's great and I'm certainly planning to support this. I do have a couple of questions for Kevin. Kevin, about the incentive. The incentive $924,000 looks like 75% of the taxes we're taking over the first seven years of the deal. Is that, did I get that right? It's actually just about 72%. 72%. The new tax rate would be about 72. All right. And is that within our guidelines for this? Yes. Okay. The 25% to 30% Durham workers, I know that we, and I'm really addressing this as much to folks at Argos as I am to you, Kevin, but we are, we all know that people cross the triangle all the time to go to jobs and work in different places, but I'm really glad to see that we have a Durham-based business plan and I'm hoping that we can up that percentage. We are happy to be financially supportive in this way, but at the same time, it's really important to us that you all make a significant effort to employ Durham residents and so I'm glad to see the plan but I hope that you all will be doing that so I just want to urge you to do that. And then, Kevin, I wanted to ask about the YouthWorks internship. Is that part of the business plan as well? That is part of the Durham Workforce Plan, yes. I thought so. Okay, great. Thank you very much. Thank you, Councilor Schuel, I recognize Councilor Moffitt. Yes. I had just a couple of, I had one for Mr, or two actually for Mr. Abbey. The first one is, are you all out in Trayburn today? Is that what I understand? Pardon? Are you? Off Racksboro Road, off Ben Franklin in that medical park that's out there? Okay. And then, the incentives you're talking about from the state, do you anticipate that the state might offer you different incentives for Mebben than for Durham? Yeah, actually, we will have less incentives in Durham than we would have had in Mebben. Because of programs like Golden Leaf and things that are based on which county and whether it's considered more needy in terms of job development. Right, okay. Right, thank you. Yeah, thanks. Recognize the Mayor Pro Tem. I would just like to thank the company and Kevin for reaching out to North Carolina Central University because we really have some bright students in every sense of the word. Thank you so much. No, thank you. We've been thrilled with the recruitment. I think we've added almost 50 jobs in the last 16 months or so with a lot of that coming directly from Durham residents and students here. So that's why we want to stay. Well, that's a good point. I had the new director of the Wright Center office a couple of weeks ago and we were talking about his plans and who he's talking to and hopefully he's hoping to get more involved in pharmaceutical companies around here. So it's good to hear the conversations going on. I appreciate it. Yeah, and I think it's worth noting that we were heavily recruited by states of Florida, Texas and the province of Quebec, all of which offered more money than the state of North Carolina is offering us. But because we have over 100 employees here in Durham today who are incredibly well-trained and incredibly important to our success and we feel like this is the best place for us to grow and become a commercially successful company. We turn down, we plan to turn down more money from those other locations than what we're getting here because we think it's important for us to stay here. Any further discussions, comments by council? I'm not gonna take the motion on the item. It's been a problem to move in second and further questions here and then I'll call the question. Madam Clerk, we're welcome to vote. Close the vote. Thank you very much. It passes six to zero. Quite welcome, thank you. Let's move to the next item. Item 14, the street closing south of Miami Boulevard. Street closing 14-0-0-0-1-0. Good evening Mr. Mayor and members of council, Pat Young with the Planning Department. Before I start my presentation I can first certify that all public hearing items before you tonight have been advertised in accordance with the provisions of law and affidavits are on file to that effect with the Planning Department. First case before you tonight is SC 14-0-0-0-1-0. It's a requested street closing of a segment of south Miami Boulevard. The applicant is Eden's Land Corporation and they are proposing to close the 3,585 square foot segment of south Miami Boulevard. This right-of-way segment is currently open but it's not used for vehicular traffic. The request has been reviewed by 20 city departments and public service agencies and no negative impacts were identified associated with the proposed right-of-way closure. So I'll be happy to take any questions. Thank you. This is a public hearing. The public hearing is open. I would ask other questions first by members of the council. Is there anyone in the public that would like to speak on this item? Let the record reflect that no one in the public has to speak. I'll occur the public hearing to be closed as a matter of fact for council. The property moving second. Madam Clerk, we open the vote. Close the vote. It passes six to zero. Thank you. Move the item 15, street closing Belmont Drive, street closing 14-0-0-0-0-8. Good evening again. Mr. Mayor, members of council, Pat Young with the Planning Department. This application is by Stuart, Incorporated, proposing to close two separate segments of a Belmont Drive, totaling approximately 7,035 square feet. This right-of-way segment is currently open, but is not used by vehicular traffic and has been reviewed by 20 city agencies and public service departments outside of the, also including departments outside of the city, and no negative impacts to the proposed right-of-way closure were identified. So staff recommends approval. I'll be happy to take any questions. Again, this is a public hearing. The public hearing is open. You've heard a staff report. I would ask other comments by members of the council. If not, we had one person that has signed up to speak on this item, Mike Tarrant. Is he available? Yes, sir, you have three minutes. Good evening, Mayor Bell, members of the city council. My name is Mike Tarrant. I reside at 2205 Caroline Drive in Durham. I'm here representing Stuart as the applicant for the application before you now, and would be happy to answer any questions that you may have pertaining to the current request. Thank you. Are there questions by members of the council or the applicant? Is there anyone in the public that wants to speak on this item? Let the record reflect that no one else asks to speak on this item. I would declare the public hearing to be closed as a matter of fact before the council. It's been properly moved. Second, Madam Clerk, will you open the vote? Close the vote. It passes 60, sir. Thank you. Move to item 17, 16. 16. Street closed and Dachshund Street street closed in 140009. Thank you again, Mr. Mayor, members of council, Pat Young with the Planning Department. This is a companion to the previous item, request by Stuart, incorporated to close approximately 199.81 linear feet of Dachshund Street. The current, the currently this segment right away is open, but not used by vehicular traffic, has been reviewed by 20 city departments and outside agencies with no negative impacts identified. The staff recommends approval of the requested road closure. I'll be happy to take any questions. Again, this is a public hearing. The public hearing is open. You've heard the staff report on the questions by members of the council, the staff report. Is there anyone in the audience that would like to speak on this item? This is being a public hearing. Let the record reflect no one in the audience has to speak. I would declare the public hearing to be closed as a matter of fact before the council. Hello. It's been properly moved. Second, Madam Clerk, will you open the vote? Open the vote. For some reason, none of my signal isn't. Okay. You close the vote. You want us to reset it? Okay. Reset. Can you open it? Close it. It passes six to zero. Thank you. Next one is item 17, street closing. Waterbury Drive, street closing 14-0-0-0-6. Good evening again, Mr. Mayor. Members of council, Pat Young, as our final street closing tonight, SC 14-0-0-0-0-6. Robert Murphy is the applicant he proposes to close 160.3 linear feet of Waterbury Drive. This is a right-of-way segment that is currently open, but not used by vehicular traffic. Neither NCDOT, the City of Durham Transportation Department, or any of the other 18 review agencies identified any negative impacts with the proposed closing. I will quickly note that at one time, this was identified as a potential access location for Sandy Creek Park, but the Department of Parks and Recreation indicated that it would be infeasible to install an access point at this location. So staff recommends approval. Be happy to take any questions. And this is a public hearing. The public hearing is open. We've heard the staff report on this item. Are there questions about members of the council? Is there anyone in the audience that wants to speak on this item? On the item 18, consolidated accession. Let the record reflect no one in the public asked to speak. I would declare the public hearing to be closed when I was back before the council. Been propped and moved in second. Madam Clerk, we open the vote. Close the vote. It passes six to zero. Moved item 19, consolidated annexation, 1307 Old Oxford Road. Mr. Mayor, the previous item was 17. What we need to act on item 18. 18, Jovan Northeast Creek annexation. Right. Thank you, Mr. Mayor. I'm so sorry about that. Yep. I'm with the planning department. This is a request, a consolidated utility extension, voluntary annexation and initial zoning requests for approximately 177 acres at the northeast quadrant of the intersection of Ellis Road and Durham Freeway. The portions of this property were zoned by the county in June of 2006 to the same requested designation that is before you tonight, which is to plan unit development or PUD 4.840 and commercial general with the development plan, residential suburban 20, industrial light D. This would allow for a maximum of 676 residential units if approved. The utility extension agreement has been requested to serve this development. The public works department has performed a utility impact analysis and determined that adequate water and sewer capacity is available. A voluntary position for non contiguous annexation has been submitted and a fiscal impact analysis has been completed by the budget management service department and they have projected that revenues would be positive more than expenses at the time of annexation. And staff recommends consideration and approval of the translational zoning from the county designation as it's consistent with the future land use map. I will make one additional note. Attachment seven, section H, table four identifies projected school impacts. There is an error in that report. The projected impacts of the student generation are the same as they were under the county designation and that's a total of 122 students. So staff recommends that the city council adopt the extension agreement, voluntary annexation and zoning map change and the associated consistency statement. As the manager noted at the outset, a recent change through NC court of appeals requires that a separate motion be made for the consistency statement with a comprehensive plan. So there'll be two separate motions. The first is associated with voluntary annexation, the utility extension agreement and the initial zoning and the second is for the consistency with the comp plan. I'll be happy to take any questions. Okay, again, this is a public hearing. I would ask for their comments by members of the council and recognize councilman Schuyl. That's a question, Mr. Mayor. Thank you. Page five of the memo under inspections. Could you explain about the street impact fee credits? So Mr. Schuyl, the inspections department often accepts credit, issues credits for construction of roadway in lieu of payments into the impact fee fund. I would need to have someone from the inspections department come and give additional detail, but I know there are guidelines and procedures where credits can be authorized under certain circumstances where there's an equivalent amount of construction made to what the fee would be. So just so I understand, do you mean that the credits are against what their expenses for our inspections would be? I mean, what is the credit? What form is it in? So yeah, the fee that's identified here looks like it pertains to the parks and recreation open space fee. Do you wanna speak to that, Rob? I'm gonna let Rob Joyner talk in a little more detail about that. Robert Joyner, public works department. The impact fees are collected for parks and rec, open space and also street impact fees. The street impact fees for transportation are essentially if you go out and construct road improvements associated with your project, those road improvements have a certain price tag that are associated with it and those impact fees can then be offset as a result of that. The purpose of the street impact fees is simply to have developers pay for their improvements over time and other improvements that might be made for the general area. Okay, so they're building their own, they're building roads which are, are they building a road? Is that how they're getting the credit? They're building improvements, offsite improvements, turn lanes and other things that will be associated with. Okay. That's what I wanted to know. Thank you very much. Yes, sir. Are there other questions by members of the council? Are there questions by members of the public on this item? Let the record reflect that no one in the public asked to speak on this item. I would declare the public hearing to be closed as a matter of fact for the council and I understand we've got two motions to make on this. Move the first part. It's been properly moved and second. Madam Clerk, will you open the vote? And close the vote. It passes six to zero. I'll entertain another motion on the item. Second motion to adopt the consistency statement as required by NCGS 168-383. It's been properly moved and seconded. Madam Clerk, will you open the vote? Close the vote. It passes six to zero. Thank you. We'll now move to consolidate the annexation, 1307 Old Oxford Road. Thank you, Mr. Mayor and members of the council, Pat Youngin with the Planning Department. This is, as the mayor said, 1307 Old Oxford Road. It's a utility extension agreement, voluntary annexation agreement, and initial zoning for a 1.33-acre portion of an existing property at 1307 Old Oxford Road from its current zoning designation of IL in the county to IL in the city. Utility extension agreement has been requested, has been reviewed by Public Works Department and determined that adequate sewer and water capacity exists at the site. Voluntary petition for non-contiguous annexation has been submitted and has found to be fiscally revenue positive by the Budget Management Services Department. And finally, the initial zoning of IL is consistent with the future land use designation and the existing zoning in the county and would allow the projected use, which would be expansion of an existing self-service storage facility at the site. So we would recommend that the two separate motions be considered and approved by council and we'd be happy to take any questions. Again, you've heard the staff report. The public hearing is open. I would ask other questions. My members of the council first on the staff report. If not, are there members in the audience that would like to speak on this item? Let the record reflect that no one in the audience has to speak on an item. Declared public hearing be closed as a matter of fact for the council. It's been properly moved in a second. That's on the first part. Madam Clerk, will you open the vote? And close the vote. It passes 6 to 0. Entertain a motion. Is that a second? It's been properly moved in a second. Madam Clerk, will you open the vote? It passes 6 to 0. OK, we'll move back to the items that have been pulled. I've got the planning department up here. I read an article in the NLO, because it's dangerous when you read articles and follow them. But talking about bus stops and saying it takes a year to get a bus stop done in Durham. Read the article. Yeah, transportation. TTA was the one that was saying that. OK, we need to talk to TTA, and I'll talk to them if that's not true. OK, the item that was pulled was item 2. Are you going to comment on it? Yeah, I'm sorry to remain. Thank you, Mr. Mayor. We've been in conversation with TTA. We do have a requirement, if these are on private property, that they go through the regular approval process. And we've been working with them assiduously to try to make sure they understand the requirements and that it's as streamlined as possible. So we'll continue to do that. Thank you for referencing this to the article. Item 2, crime statistics of pool by Ms. Peterson. You have a comment? Yes, Mr. Mayor and city council members. I just want to just share some information quickly here. I really wish that the crime statistic information had given a little breakdown of actually how many persons the Durham police officers have arrested, as well as the youth. There was one thing in the crime statistic, Mr. Davis, that you really may would be interested in. It does not give a report on the youth. Several weeks ago, I have been really very concerned about something that is going on in the Durham County jail, about so many of our youth under the age of 18 that is being placed in the Durham County jail. The majority of those young men and women are coming from the African-American community. I have been told, Mr. Baker, you really need to. I'm hoping that you will also look into this. There is no education going on for these kids that are under the age of 18. The school system is actually in violation of Title IX and Title 30. Just because these kids have been accused of committing a crime, not one of them have been found guilty of anything. And their education should still continue if our Durham city police officers and the Durham sheriff officers, if they are going to be arresting them and treating them like adults, they are still entitled. And Mr. Davis and Mr. Baker and his other city council members, please really look into this. The statistical, I thought, the report here, what they put together was good. But there was really no breakdown. And the other day, and matter of fact, I just got this from the sheriff department. They have 26 of our youth under the age of 18 in the Durham County jail. They have about 22 persons in the Durham County jail that have been there well over a year. They've got some there, Mr. Mayor, at least two years. That just is not good. I wish I had another minute, but anyway. But thank you very much, so I wanted to talk to you. Thank you for making the comments. And I'm sure it'll get passed on to the sheriff. I don't know if Mr. Bluenton wants to comment on that. Mr. Mayor, if I could just ask Ms. Burrington just to confirm, as Peterson certainly says what she says, but the purpose of this agenda item was really about the Audit Services Department conducting an audit of the crime statistics to be sure that the statistics that are being reported are accurate and complete. So, Jermaine, could you please just quickly explain what you do and what this was different than I think than what we might normally see with a crime statistics? Mayor Pro Tem Cole McFadden, city council member is Jermaine Burrington, director of the Audit Services Department. As our city manager stated, the purpose of this audit was to look at the process around the reporting of crime statistics, not the specific breakdown of the statistics. And so we may have some of that data in the field work that we have, but the purpose of this audit was to look at the accuracy or controls around the actual reporting of those statistics once they actually get into the system. This item, as Peterson might say there, was item nine, time, water. Mr. Mayor. I'm sorry. The item is to accept the report, second motion. It's been a problem to move the second item. It's been a problem to move the second item. Could I open the vote and close the vote? It passes 6 to 0. Thank you, council. Mr. Peterson, you had item nine, time, water. You have two minutes. Mr. Mayor, can I have another minute, please? Usually it's three minutes. Well, you can have another minute, Mr. Peterson. Thank you. You're very welcome. Mr. Mayor and city council members, several years ago, I, myself, and several other individuals here in Durham worked with quite a few of our Durham residents. And Mr. Baker helped us. I'm sorry, Mr. Youngman also helped us. We're trained in copper, cable, and fiber optic, as well as our IT director. One of the things we found out, even though Time Warner came to us and they committed to hire our young men and women. And when it was all said and done, those persons who had criminal records were not hired. Those persons who did not have criminal records, they were hired. And that's good. But what I'm seeing going on in my community, particularly in the African-American community, and also, Mr. Mayor, we had another murder on my street in walking distance to McDougalteras. We had two young men, 17 and 18, this past Sunday, that was also shot. Sunday before last, we had a young man that was murdered. We've got to do something in this community to help these young men to get out of crime, get out of selling drugs, even after they tried to get their selves together, even after they're trained, Mr. Mayor, and city council members. These companies still will not hire them. And I know a little bit about copper, cable, and fiber optic. Yes, some of that work, you have to go into a person's home. But a lot of that work, Mr. Mayor, you do not have to go into a person's home. And for Time Warner, I looked on here, I think they have about, what, 400 or 500 African-Americans that they have hired. There's no breakdown of those Durham residents, because Time Warner is all over the state, my understanding. They're just not in Durham. And I think that's good that they're hiring. But still, again, Mr. Mayor, and I've been coming up here for a few years, I have not seen not one report after we give these companies monies. Not one report has come back to say, well, Mayor and city council members, we have hired 30 Durham residents. We've hired 200 Durham residents. I keep hearing from different folks, well, Mrs. Peterson, we just can't give that kind of information. But they come here. They want our contracts. They want our monies. But we cannot get at least a very minor report on Mr. City Manager, of how many of our Durham residents, how many African-American men, how many African-American women are being hired. One of the reports, one of the groups just stayed here about what? 17% were non-whites that was hired. Well, really, what is that really saying? That doesn't say anything to me about the African-American community. And let me not give too much drama here. We have a history in this country. This country was made on the backs of black folks, of my ancestors. This state was also. We've got to start being accountable to the African-American community, and to make sure that they're getting employment, Mr. Mayor. And thank you very much, and other council members. Thank you. I guess just for the record, there's a statement in this memo that speaks about the SDB summary. And it says the Equal Opportunity Equity Department reviewed the bid submitted by Time Warner Cable Business Class Triangle Business Unit. And has determined it there in compliance with the ordinance to promote equal opportunities in city contracting. And I won't go much beyond that. It does give a breakdown of the workforce that's with Time Warner. Of course, they're located in Marsville, North Carolina. And that's available also. I'm going to recognize someone on the council. I thought I'd. Councilman Shul. Thank you, Mr. Mayor. I share your concern, Ms. Peterson. And I know that we all do about the employment of African-Americans. But in this case, I think when you take a close look at this item, you'll see that over 50% of the employees of Time Warner are African-American, of this division of Time Warner. You're talking about 1,800 people and 51% of them. No, it's not statewide in this area. And 51% of them are African-Americans. So I understand your concern. But I think in this particular case, I think we can be unusually happy with the number of African-Americans that this company is hired to do this work. Thank you, Mr. Mayor. But it is statewide, Mr. Mayor. And I was just asking, can we just get a report? If you're going to give them the contract, can they come back? Ms. Peterson, I don't want to debate that here. The information is available in terms of the employment and in terms of the fact. I just wanted you to know. Well, I know because I'm reading a report. Thank you. Other comments on this item? Oh, what's going on? I'm going to recognize the mayor. I'm going to change my mind and ask that we move on. It's been properly moved in second. Madam Clerk, will you open the vote? You close the vote. It passes, six is even. Are there other items that need to come before the council? If not, it means adjourn before I adjourn, I mean, I just want to remind the council persons that are co-chairs of these task force who've got a meeting Wednesday, the 20th at five o'clock at Love and Respect on Andrew Avenue. And we're asking if you can get the survey questions in. That would be helpful. Any other items? Oh, no, no. Not me. Okay, thank you. The meeting's adjourned at 8.03 p.m.