 How did you do it? That was when we were down to Florida with Karen's vacation, Karen Bertha. Network air, network not available. No. It was 2 and 1 half. You got it? Counseling. Counseling. Mr. Mayor, how are you? Hey, Pat, how are you doing? Thank you. Different spot. I'll put me in. If I got it out. Maybe it's going to get the proclamation. I understand that. I get it. The rescuers. Have a good time. Have a good time. It's really good. It's okay. There you go. We talked about it today. Good evening. We'd like to call the Durham City Council meeting to order. Monday, November 6th at 7 o'clock PM, and I certainly want to welcome all of you that are in attendance. If we could just take a moment for a solid meditation, please. Thank you. I recognize Counselor Davis. Thank you, Mr. Mayor. We're privileged tonight during this Veterans Day week to have with us a veteran of World War II. Dr. John H. Lucas served in the Asiatic Pacific Theater of World War II and is here tonight to share with us, to lead us in the Pledge of Allegiance. Dr. Lucas. The allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, another God, indivisible, with liberty and justice for all. Thank you, guys. Thank you. John, I didn't recognize you with that head on. Took it off there. That's John Lucas. Gotcha. Thank you. Would ask the clerk if she would call the roll, please. Mayor Bell. Present. Mayor Pro Tem Cole McFadden. Present. Counselor Member Davis. Here. Counselor Member Johnson. Here. Counselor Member Moffitt. Here. Counselor Member Reece. Here. And Counselor Member Shul. Here. We have several ceremonial items to present this evening. The first is, is there a clerk right here? It was on my list as one of the ones who's going to be presented this evening. Let me ask Dr. Glenda Claire if she would call me please. Thank you. This recognizes a Dave appreciation to grand family heads of household. I need to be a part of that. And speaks to whereas according to Generations United 2017, nearly 2.6 million children live in households headed by a grandparent or the relative. Whereas in these families often referred to as kin care, kinship care or grand families, parents are usually absent and biological relatives such as grandparent, siblings, aunts, uncles, cousins, or great grandparents bear the primary responsibility for the well being and rent of children and the family. Whereas according to Generations United 2017, more than 25% of all children in foster care system live with relative caregivers. For every child raised in the foster care system, 20 children are raised by grandparents or other relatives outside of the system. 57% of relative care caregivers are in the workforce and have provided primary care for more than five years saving taxpayers more than $6.5 billion each year by keeping children out of the foster care system. Whereas according to US Census Bureau 2015, grand facts, state fact sheets for grand families 2017, more than 226,000 North Carolina children, more than 3,000 in Durham, North Carolina, under the age of 18, live with members of grand families headed by grandparent or other relatives. Therefore, William V. Billville, Mayor of the City of Durham, North Carolina, to hear by proclaiming November 17, 2017, as a day of appreciation to grand family heads of household in Durham and hitting our urge all citizens to recognize grand parents, siblings, aunts, uncles, cousins, or great grandparents with appropriate programs, ceremonies, and activities. We thank you for the personal sacrifice of your time, talent, and treasure to benefit children and your commitment to family. And witness by hand the Corps of Children of Durham, North Carolina, this is the sixth day of November 2017. I'm going to present this to you in the comments. I am doing this at this time because I really think that it's important that we acknowledge the sacrifices that people make to preserve family. So we have grandparents, siblings, aunts, uncles, and cousins who sacrifice their time, their treasure, just so that they can make sure the children and their families are safe. Unfortunately, those people that do that don't get a lot of support. So on this day, November the 17th, we're going to first acknowledge them and say thank you. But we're also in 2018 going to start a support group for them and provide counseling and other services because they very much need that, especially if they're going to keep children out of the foster care system. We want to keep them at home. I hope that if you know anyone who is raising a child that's not their own child, but a child in their family that you will say thank you to them. And if you want one of the certificates that we're giving out of appreciation, please contact me. I've got a Facebook page that is called It Takes More Than Love. It Takes More Than Love. So please contact me and I will definitely get a certificate to you so that you can acknowledge appreciation to those people that are raising children and their families. Thank you. Thank you. That's Dean Carlton. Introduce all of you guys. This represents a resolution recognizing Durham Community Trail Watch Volunteers. Whereas the Durham Community Trail Watch, known as DCTW, group was formed on November 3, 2012 by the Community Resource Unit of the Durham Police Department to create a team of trail residents, volunteers to help monitor the American tobacco trail in Durham. Whereas over the past five years, 12 Watch volunteers have reported almost 10,000 hours of monitoring on the hiking and biking trails in Durham City and Durham County with 70 currently registered members and 20 members actively monitoring the trails every month. Whereas in addition to monitoring the American Tobacco Trail, Trail Watch volunteers spend their time on the Third Fork Creek Trail, the Elbury Creek Trail System, the Warren Creek and Stadium Drive Trails, the Albuola Trail and the San Creek Trail System. Whereas the Trail Watch activities include participating in the Durham Parks and Recreations, adopt a trail program, hosting the monthly full moon fever bike ride, participating in local community events, and setting up an education station along the American Tobacco Trail to educate trail users on trail adequate and how safely share the trails. Whereas doing their monitoring efforts, DCTW has been seeing a decrease in illegal trail activity, including approximately 20 calls to 911 in its first year, reduced only two calls to 911 in the last two years. Whereas Trail Watch volunteers work with the City's Police in Durham Parks and Recreation Departments to report and repair trail hazards and respond to conditions that may threaten or lessen a sense of public safety on the trail. Whereas the coordination and support for recruitment and registration, website and social media support has been transitioned from the Durham Police Department to Durham Parks and Recreation. Now therefore, I, William V. Bilbell, Mayor of the City of Durham, North Carolina, in honor of the Durham Community Trail Watch's fifth anniversary, do hereby proclaim the week of November 6, 2017 as Durham Community Trail Watch Week in Durham and I urge all residents to recognize the achievements the Durham Community Trail Watch has made to our community and commend the volunteer group for an outstanding service to the residents of Durham. I also encourage other residents of Durham to follow their lead and to join them either as Durham Community Trail Watch volunteers or just to enjoy Durham's trail safety or Durham's trail system. I went with my hand and caught up with the City of Durham. This is the sixth day of November 2017. I'm going to present this and wait for comments and introduce. Thanks. I'd like to thank Mayor Bell, City Manager, Deputy City Manager and the City Council for their, for this honor and for their support. They've given us over the past five years. I'd also like to thank the the Durham Police Department and their Community Resource Unit for the support they've provided us since 2012. Furthermore, I'd like to thank the Durham Parks and Recreation Department and their Director, Rhonda Parker for their past and ongoing support for our, for our group and for their support as our group transitions into a new relationship with the Parks Department. And finally, I would like to thank our Trail Watch volunteers for the incredible commitment they've had over the past five years to help keep our trails clean, safe and a valuable health, recreation and transportation asset for the Durham Community. Thank you very much. We have a picture. Can you join us with the picture please? Yes, but why are you picking us out? Because you guys get out there with us and help us with the work. I want to ask the Mayor Pro Tem if she would introduce this next resolution. Good evening. Good evening. It is an honor to present the resolution memorializing the life of Effie J. McDonald Steele. For those of you who care to stand while I do this, please feel free to do so. And this is Effie's family. And it reads, whereas Effie J. McDonald Steele was born in Rockingham, North Carolina on October 1st, 1948, to John McDonald Sr. and Rosa Mae Galbraith McDonald. And whereas a long standing resident of Durham, Effie attended Durham Public Schools and graduated from Hillside High School in 1966. And whereas Effie worked as a community organizer beginning in the late 1960s with Operation Breakthrough, the first national anti-poverty program. And whereas Effie co-chaired the Religious Coalition for Nonviolent to Durham, a faith-based organization that practices a unique brand of hope and unity. And whereas she was the chair of the Northeast Central Durham Reinvestment Board, Inc., and provided community leadership to establish PEACH, a collaborative project with North Carolina Central University. And whereas her connection to preventing gun violence was a personal one due to her daughter, Ebony Robinson, being shot and killed as a result of domestic violence and whereas she was a member of Mount Zion Christian Church for over 40 years and having served on several organizations. Her family, colleagues, and friends described Effie as a caring, devoted, and passionate, and extraordinary person. And she was known by her grace, humor, her welcoming heart and her love for Durham and her dedication to community. And whereas she was a consistent advocate warrior against injustices in our world and for those who were unable to fight for themselves. And whereas Effie survived by her daughters, Sandra D. Steele-Smith and Tanya Weistil, foster daughter, Jeremy Farrell, and siblings Gloria, James, and John, her grandchildren, Zakea, Lekayla, and Torre, nieces, nephews, aunts, uncles, cousins, and many other loved ones will miss her. Now, therefore, be it resolved by the Durham City Council that this City Council pauses in a moment of silence in memory of Effie J. MacDonald Steele, that this governing body pays tribute to her life and her contributions to the community, that this resolution be spread upon the official minutes of this governing body, that a certified copy of this resolution be presented to the family. Effie was a real warrior and a woman on whose shoulders so many of us stand. She is a living example of what sacrifice really means and our young people need to use her life as one that they can mimic. Do you want to make some comments? Who's going to make the comments? Gloria Knightingham will represent the family. The Steele MacDonald Smith family. Thank you for honoring a mother, sister, aunt, and grandmother who loved Durham and believed the committee she chaired and was involved in could affect change in our city. They were dear to her heart. Again, we thank you. I wish that we could stand in honor of this great woman who did so much to make Durham what it is today. I'd like to recognize any of the colleagues on the council for comments. Councillor Maurice Moffitt and Shul in that order. Thank you, Mr. Mayor. I just wanted to remind folks that tomorrow's election day here in the City of Durham, we are electing a new mayor and three members of the Durham City Council. The turnout so far in early voting was not awesome, and I'm hoping that turnout tomorrow will be awesome. Tomorrow, because it is election day, folks will need to vote in their polling place and not at one of the early voting sites. And thanks to the great work of the Durham committee, specifically Ricky Hart, who came to us with a proposal a couple of weeks ago, our bus system in Durham, Go Durham Transit will be free tomorrow so that folks can use it to get to their polling places. Go Durham has set up a special website, godurumtransit.org slash bus to vote. It includes not only a list of the polling places, a link to the State Board of Elections where you can look up your polling place if you don't know where it is already, but also very helpfully lined up the bus routes within the City of Durham and connected those to a number of the polling places to make it that much easier for folks to figure out how to get to where they need to go to cast their vote. So I just wanted to mention that. I appreciate your time, Mr. Mayor. Thank you. Thank you. I recognize Council Member Maher. I was simply going to point out that tomorrow is election day, but I could not have done nearly the justice to it that Council Member Reece did. So thank you. I recognize Council Member Schuhl. Thank you, Mr. Mayor. When I first got on Council about six years ago, we had a report from our Human Resources Department on our health insurance and physical activity, and I foolishly challenged city employees at that time to a five-mile run, which has now become a six-year tradition. Only this year, for me, it was a three-mile walk. That's why I'm a little bit injured, Mr. Mayor. But the challenge turned out great again this year. We had some 40 people there to ride a walk or run, and I want to thank members of the Police Department who were there, a couple of members of the Police Department to escort us safely across the streets, and I especially want to thank D. Byers from Human Resources as well as several other members of that department who volunteered, John Tyler, Brian Mincey, Gwen Burnett, Yolanda Seaborne, Megan Woodhouse, and also Barry Blake, so from a couple different departments there. Much appreciated, and now, as promised, I will read the... So we started at Mile Zero, the American Tobacco Trail. We go... I didn't, but the runners go five miles, two and a half out and two and a half back. We had a record-setting winner this year, Mr. Mayor, Mr. Jonathan Hill. He ran it in 32 minutes and 27 seconds, which is pretty good for five miles, but he's an AmeriCorps volunteer, so I think he's about 16 years old. But second to him, Anthony Wambui of Transportation Department and a couple of people, a couple of employees who've been running it for every year, always the bridesmaid, never the bride, Jonathan Baker and Eric Halstead, sorry to say that. And also, I would say in the... let's just say age to speed ratio, Paul Wiebke ran it in 38 minutes. Really good, awesome speed. So let me just read the names of the people who participated. James Liani, Rebecca Martin, Dennis Farmer, Jonathan Hill, Dale McKeel on bike, of course. Regina Youngblood, Anthony Wambui, Jonathan Baker, Eric Halstead, Elaine Van Hoos, Bertha Johnson, awesome. Paul Wiebke, Randy Stewart, Renee Buchanan, Veronica Jackson, J.J. Scott with a stroller. John McKnight, Lloyd Schmidler, Keegan Huffman, Sharon Deschezzo, Melinda Mesko, Charlie Reese with two girls on scooter. Erin Harrison, Jeffrey Johnson, Diana Schreiber, good work, Diana. Keith Herman, Rachelle Gurley, David Boyd, always best dressed. Norma Streak, Washington. Jennifer Buzzen, Ryan Wilson, Jamal Miller, Christy West and Keith Short. So we had a great time and many thanks, especially to D. Byers and Company for organizing, Mr. Mayor, thank you. Great, thank you. Recognize Councilman Davis and then the Mayor Pro Tem. Thank you, Mr. Mayor. We all know that we were led in the pledge of allegiance by Dr. John Harding Lucas Senior. He is a very special friend of mine and a very special friend of people of Durham. He is a longtime principal of Hillside High School. After retirement, he was called to his alma mater to serve as the interim president of Shaw University. He is a longtime person who has been involved in the education associations. The National Education Association recognized the work that he did to bring together black and white associations in the 1960s and beyond, and they even came up with a, in the history of NEA with a concept, and they referred to it as the Lucas concept. And that concept has to do with the fact that in many cases, black organizations, teacher organizations, were just submerged into the larger white organizations. John Lucas came up with the concept that if we're going to merge and truly merge, we are not going to have one group to maintain its name and another group to lose its name and its history. He suggested that we come up with a concept where a brand new name be put forth. So here in North Carolina, instead of having the North Carolina Teachers Association submerged into the North Carolina Education Association, he came up with the concept that we should come up with a new name and that organization after merger was known as the North Carolina Association of Educators. That concept was put forth in lots of other Southern states, Louisiana and other places of Georgia and others along the way. When Dr. Lucas became a member of the Durham City School Board and we came upon the idea of merging the city and the county schools through the bravery and the courageousness of our own mayor when he was on the county commissioners, Dr. Lucas suggested that instead of having the Durham City Schools submerged into the Durham County Schools, that we come up with a brand new name of the school district and thus we have in our system the public schools. We call it the Durham Public Schools. So the Lucas concept worked on the national level and here on the local level. Many of us know that this week is Veterans Day and Dr. Lucas is going to be honored by several people around this city on Friday and Saturday and other points during the week. But I wanted to also let everybody know, as I said a few minutes ago, that he gave service during the 1940s to the United States Army and served in the Asiatic and Pacific Theater of World War II. The other thing I want to mention about him and it's important that during this week, Dr. Lucas will have a birthday. In fact, in a little less than five hours from now, Dr. Lucas likes to say that he will enter into his 98th year on this earth. He was born on November the 7th, 1920. So that's a long time ago, but he is energetic. You see how he's pumping his fist a few months ago. He is very, very vibrant and he wants to have this enthusiasm going for another 10, 20 years or more. So thank you very much, Mr. Mayor, for allowing me to recognize my former boss, John Harding Lucas Sr. Eddie, you did a super job on that and I'm just going to add one little piece to it since you talked about his age. I occasionally have lunch at Hope Valley Downer and I'm sitting in there and I see these young guys coming in and the one that's got the most pep to his step, Dr. Lucas. These guys are almost younger than I am, but you think he was leading them along the way and he does it well. You see those sneakers he's got on there? I see. He knows how to do it well. We certainly appreciate you. Thank you. Congratulations. May I add something? I must add that Mr. Lucas is a pinocchio quiz. I was at the Center last Friday and I thought about you and I thought I will never play pinocchio with you ever. Thank you, Mr. Mayor. You're welcome. Are there any other comments? Members of the council? If not, we look at prior items first by the city manager. Thank you, Mr. Mayor. Members of the council, good evening, everyone. Mr. Lucas, congratulations. Thank you for your service. Happy birthday. No priority items this evening. Likewise, city attorney. Thank you, Mr. Mayor. No priority items. Likewise, the city clerk. No items, Mr. Mayor. We're proceed with the agenda. The first item being a consent agenda if items can be approved with a single vote. If a member of the council, a member of the audience, removes an item from the consent agenda, we'll discuss that later. And the agenda. I'll just read the agenda item number. Item one is approved with city council minutes. Item two is a Durham Convention and Visitors Bureau of Tourism Development Authority Appointments. Item three is a Durham Housing Authority Board of Commissioners' Appointment. Item four is the Workforce Development Board Appointment. Item five is the Appointment to the GoTriangle Board of Trustees. Item six is Police Property and Evidence Room Performance Audit September 2017. Item seven is Inventory Performance Audit June 2017, dated September 2017. Item eight is an item that can be found on the general business agenda as a public hearing. Item nine is Amendment to Contract with McCormick-Varance Salazar Development Inc. for additional environmental and construction costs related to the Southside East Phase II project. Item 10 is the Durham Chapel-Hill-Carborough Metropolitan Planning Organization Downtown Durham Transportation Study Agreement. Item 11 is East Durham Outfall Repair and MLK Junior Parkway Outfall Relocation Contract with Jeff Wilkerson Contracting Company Inc. Item 12 is a resolution authorizing the negotiation of an installment finance contract and providing for certain other related matters. Item 13 is September 2017 Bid Report. Item 14 is Sixth Amendment to Assignment Agreement for the Durham Athletic Park Operating Agreement. Item 15 is Public Art and Placement Placemaking Contracts for Police Headquarters Complex Project. Item 16 is Furniture Pictures and Equipment Purchase Contracts Move Management Service Contract and Duke Energy Service Agreement for the Police Headquarters Complex. Item 17 is the Housing Appeals Board Annual Report for Physical Year 2017. Item 18 is Stormwater Infrastructure Inventory and Assessment for Parks, Trails, and Cemeterys, SD 2017-02. Item 19 is Adopting Limitary Assessment Roles and Set Public Hearings Before Confirmation of Assessment Role for Street Completion and Portions of Ravenstone and Stonehill and State Sub-Division. Item 20 is a contract ST-289 Request for Qualifications RFQ for Utility Located Services. Item 23 through 25 items that can be found on the Journal of Businesses, Journal of Public Hearings, Entertaining a Motion for Approval to Consent Agenda. Second. Second. Madam Clerk, will you open the vote? Close the vote. It passes 7-0. On the Journal of Businesses, Journal of Public Hearings, Item 8, 2016 Evaluation and Assessment Report of Durham Conference of Plan A-17-0-0-0-2. Good evening to the Council. I'm Laura Woods with the Durham Planning Department and the fifth annual Evaluation and Assessment Report of the Durham Comprehensive Plan. The EEAR has intended to rectify differences between Adopted Future Land Use Maps for the City and the County. Report on Progress Toward Implementation of the Comprehensive Plan. Proposed changes to Comprehensive Plan policies. Proposed updates to the Future Land Use Map and Summarize Charging Land Use and Demographic Trends. In 2016, 17 Plan Amendments Needing Rectification were approved by the Durham City Council and 3 Plan Amendments Needing Rectification were approved by the Durham Board of Commissioners. These cases are listed in Table 1 of the report and shown in maps included as Attachment 1. Changes of the amount of land designated on the Future Land Use Map for particular land uses are shown in figures 1 and 2 of the report. Largest change this year, this past year was approval of five design districts around proposed rail stations. Design districts, as you may recall, are intended to regulate form rather than function and accommodate a mixture of urban land uses including commercial office and higher density residential. Concerning one of the design districts, the Lee Farm Design Districts, please note that the Joint City County Planning Committee at their meeting in January indicated to staff the elected body's intention to leave Lee Valley boundaries and the Future Land Use Designations unreconciled until further stationery planning is completed and design district zoning is implemented. This year's EAR proposes changes to a number of plan policies. These are identified in Attachment 2 of your report and by and large these are wordsmithing slight changes and signed duties to different departments or changes to department names. This year's EAR proposes changes oh excuse me, Attachment 3 summarizes accomplishments in implementing the Comprehensives Plan as described by the city and county departments involved Planning Department canvases all city and county departments responsible for implementing policies and I do want to compliment all the departments this year we had a very robust response rate this year. On August 7th, 2017 the Urban Open Space Plan was presented at a work session of the Durham Board of Commissioners at that time the Board of Commissioners recommended or requested a number of changes and this was the plan that had previously been adopted by the city council and staff brought back the revised report to the Board of Commissioners and with certain changes which are listed in your staff report and also in the resolution this evening they adopted the plan and you will need to consider rectifying the slight revision of the plan county's version with the city version this evening and the revised plan is attached to this report Planning staff does recommend one significant change in the formatting of the plan you'll note an attachment which lists all the policies which have at this point been accomplished and staff recommends moving all of those policies in each chapter to the end of the chapter leaving everything that has still to be accomplished at the front of each chapter that will make it easier for you the elected officials it will make it easier for staff and for the public to identify things that still need to be done so that's a rather simple formatting change we do recommend it and we hope for your approval of this evening's report and that completes my report thank you this is a public hearing public hearing is open you've heard the staff report I would ask first of the questions by members of the council recognize Councilman Schuhl Thurow excellent report the fully implemented policies in attachment for so are these policies that have been implemented over forever I mean these aren't just policies that are implemented this year these are policies that have been implemented over time that's correct and all of these policies have been approved by both the council and the county commission that's correct are there any other things that are not reconciled except for the the lee village situation that you mentioned yes the three the board of commissioners has already acted upon this report and has reconciled their future land use map with all the plan amendments adopted by city council in 2016 and council will now need to rectify the city version with the three plan amendments that were approved by the board of commissioners in 2016 right I'm sorry I got that and I appreciate it anything else that we're leaving hanging I guess is the question we certainly tried not to and are there historical things that are hanging out there like that as well something other than this year I see Pat coming up I believe there's only one other unrectified item which is the 751 south development there was a tier change that was adopted by the county bringing into the suburban tier and the city did not choose to rectify or to adopt that change other than that that's the only other unrectified item at an lee village item Laura told you about great thank you thank you Pat thank you Laura I see this it's just an incredible body of work complex important and I know it's hard to answer to two masters the city and the county and so I just want to appreciate what you all do in order to do that thank you so much the urban open space urban open space plan is that what you're talking about changing the format Laura is that what you were saying oh no sir no sir perhaps I was unclear as you know the plan is divided into chapters and those policies that are listed as completed in the attachment of your report those would all be moved in the comprehensive plan from active to their own section at the end of the chapter that leaves everything that's still active in the front of the chapter so it makes it easier for you to identify oh I see okay thank you alright well let me also then just comment quickly on the urban open space plan which is just amazing and I just really hope we can implement it there's so many good things in it and reviewing it again just gave me a new sense of that so thank you all the comments recognize councilman Moffitt thanks I'm going to pass thank you if there were comments on the council at this time I'd recognize anyone in the audience that want to speak on this item no one is signed up to speak this is a public hearing matter so if anyone would like to speak now's the time let's reflect no one in the public ask to speak on this item I would declare the public hearing to be closed as a matter of fact for the council Mr. Mayor I'll move approval of the resolution that's attachment 8 in our packet second it's been properly moved and second any further discussion hearing none call the question Madam Clerk will you open the vote close the vote it passes 7 is 0 we move to item 23 Durham Morrisville annexation agreement good evening Grace Smith with the planning department I would like to take a moment to affirm that all legal notice requirements for both planning items have been carried out in accordance with the state and local laws affidavits for those legal notices are on file in the planning department tonight I'm here to present the updated annexation agreement between Morrisville and Durham in 1997 the city of Durham and the town of Morrisville entered into an annexation and utility service area agreement as permitted by state statute the agreement covers the area in the southeastern Durham County and northwestern Wake County where the municipal boundaries for both converge the agreement that was adopted in 1997 expired on October 1st 2017 I've been back and forth with Morrisville to update the agreement mostly just boundary descriptions there were some pins and pits that changed so that has been taken care of it's in attachment one for your review the town is more the town of Morrisville actually approved the agreement on October 24th 17 at their council meeting if you have any questions staff is available and again this is a public hearing the public hearing is open you've read the staff report all the questions by members of the council staff report comments let me ask is there anyone in the public that wants to speak on this item this is being a public hearing matter let the reflect no one asked to speak from the public the public hearing to be closed and I was back before council move the ordinance I guess I need to ordinance and resolution there's one motion and you need to move the to adopt the ordinance and the resolution the agreement second second we open the vote close the vote thank you amendment to the economic development with my great property to LLC original Jones with the office of economic and workforce development this item recommends the approval of a contract to amend the agreement between my great property LLC and the city of Durham related to the economic development incentive contract awarded to my great property to LLC on June 6th 2016 the office of economic and workforce development recommends that the city council conduct a public hearing on the proposed amendment to an economic development economic incentive agreement per general statute 158-7.1 and the city manager to execute an agreement amendment between my great property to LLC and the city of Durham dated June 6th 2016 that would extend the deadline for the project completion to September 30, 2018 thank you this is a you've heard the staff report recognize city manager on this item if you could Mr. Jones could you just give a little further explanation for the reason for the extension there were some issues related to the ability to achieve success with the project engineering firm was working with the planning department was not able to do what they needed to do and the owners of the project had to replace that firm there were some other issues relating to timing with loan and financing because this is a brownfield property and the bank required some more testing to be done so they ran into those problems and trying to get that the owners are here tonight if you would like to that's fine just wanted for the record thank you okay you've heard the staff report are there comments recognize is that councilman school yes sir councilman school just one quick question which is and you could this is also applies to the next one which is I'm assuming we still have confidence in both of these items that the the folks with whom we have the agreement are able to execute on these we're pushing them both back in time we're allowing them extra time but are we confident that they can still execute yes we are thank you very much mayor recognize councilman Reese had a actually just a couple of questions for the developers if they're here down here I thought he said they were this is the appropriate time I'd love to do that hi I'm cameo for he's I live at 220 east knock street there first of all appreciate you being here tonight appreciate you willing to come and talk to me a little bit unfortunately I was absent the evening of June 6th 2016 and was unable to participate in the public hearing around that matter this matter at that time but I did watch the video later on and I noticed I remember that my colleague councilmember Johnson I think difficult questions about the the use to which the property would be put in a if the this project were to be successful and one of the reasons you were unable to provide assurances about the types of folks who would be hired to work there whether not folks in the neighborhood would be hired to work there whether not they would be paid living wage for example the reason you couldn't talk about that very much is because you're not developing it yourself to operate a restaurant you are just developing the project to be the landlord is that right that's correct okay since that's been gosh about a year and a half ago now right yeah so has the has the situation changed at all with respect to the perspective tenant yes so we do have a tenant in place we have a and we did end up choosing a local minority and woman owned business who are actually residents of East Durham so we've hopefully addressed some of the concerns that councilwoman Johnson had okay and have you spoken to them about the concerns that were raised at the meeting concerning paying their employees living wage yes we did talk about that so we had conversations around living wage and also hiring people from the neighborhood and they seemed agreeable to both things and I feel pretty confident that that's what they will move forward with I appreciate you being here and taking the time to answer my questions thank you other questions by members of the council is it in audience that wants to speak on this item again this is a public hearing no one it signed up to speak let the record reflect and no one in the public asked to speak I would close my eyes back to put council move the item improperly moved to second madam clerk we open the vote close the vote it passes 7-0 moved item 25 second amendment to the economic development and central agreement a and j capital LLC this item recommends the approval of a contract to amend the agreement between a j capital LLC a and j capital and the city of Durham related to the economic development incentive contract awarded to a and j capital on February 2nd 2015 the contract was amended on October 17th 2016 with the contract period that would end on December 31 2017 the second amendment provides for the company to complete the project by June 30 2018 this is an economic and workforce development recommend that the council conduct a public hearing on the proposed amendment to an economic development economic incentive agreement per general statute 158-7.1 and to authorize the city manager to execute a second amendment with a and j capital LLC and the city of Durham dated February 2nd 2015 that would extend the deadline for project completion to June 30 2018 thank you goodness the public hearing staff report has been made again Mr. Jones for the record could you provide the explanation for why the second extension is needed thank you the first challenge that the project face was the untimely death of the architect who was coordinate all the activities with the site planning so there was a lapse in time in order to find someone else that was competent enough to work within our planning department to get that done all the other pieces of this contract and the project have been moving forward and so that slowed down the delay in order that it would happen next month and that's why the request is coming now thank you other comments or questions from the council if not is there anyone in the public that would like to speak on the site of the public hearing matter that director no one else has to speak out of public hearing to be closed matters by the public council second been properly moved in the second Madam clerk we open the vote close the vote it passes seven is he wrong thank you at the start of the meeting that concludes all the items that are on agenda there was a young man that wanted to come to the podium if you can come to the podium to my right state your name and address and you have three minutes thank you for the opportunity to speak my name is Bryn Barron's house and I live at 5514 Penrith Drive I'm here tonight because I think like a lot of people I'm devastated by what happened in Texas over the weekend the epidemic of gun violence in this country and to be quite honest I don't feel safe in my own country with the rampant examples of mass shootings that have happened in my lifetime and I've been told repeatedly that you need to get involved in your local politics so I'm here asking my city council what are you doing to protect the citizens of our city what can we do within the law I don't know what our state law permits us as a city to do to put restrictions on assault rifles and these weapons that have been repeatedly used to slaughter people 14 children died the other day it's horrible and we can't let the status quo go because people are losing their lives is there something this body is willing to do do you have the ability to do anything within our state law to combat this problem well I'm going to defer to our city attorney but I can tell you that after one I'm a part of a group called Marist against illegal guns and we have done all that we have tried to do and trying to diminish the opportunity for illegal guns to get in the hands of a person that shouldn't have them quite frankly our hands are tied to a certain extent by what we can do not only with the federal level but at the state level but having said that I'm going to defer to the city attorney for any legal comments he might want to make or never spend thank you Mr. Mayor and over the course of the years the general assembly has taken more control away from local governments to be able to do anything on this in fact they have taken up the entire field of anything remotely related to gun control so this local governments really have very limited I can't think of anything off the top of my head that would assist you and in the concern that you've raised that I think we're all concerned with but there have been efforts to talk to the general assembly about some things but so far there really haven't been any certainly nothing back to the local governments for us to be able to do anything in this field which is unfortunate Mr. Baker we're even prescribed by law from determining where people cannot carry guns right that's correct keep them out of our own parks if that's correct that's correct Mr. Mayor I want to first thank you for coming tonight for your concern I share your concern and I know that every one of my colleagues does as well it's incredibly frustrating it's um but the concern is not just for the horrific events that happened like yesterday but for the daily gun violence that occurs in our city here in Durham and so we're all open to more suggestions we're I think we've all done what we know to do and we share your concern thank you for coming thank you appreciate that okay appreciate you taking the time and if you have thoughts in terms of what can be done we have a general assembly we have members from the general assembly here in Durham you might share that with them also what they might be able to do the council the council will develop a legislative agenda as we have done every year and ask you know that's an agenda that we'll put forward through our elected officials so that's another opportunity to advance ideas are there any other comments if not the meeting is adjourned at 7 55 thank you go vote somebody