 Good evening. We'd like to call the Durham City Council meeting to order. Monday made the first like to welcome all of you to hear with us this evening. We just take a moment for a solid meditation, please. Thank you. That's Councilman Davis. Mr. Clerk, would you call the roll, please? Mayor Bill. Present. Mayor Pro Tem Cole McFadden. Councilmember Davis. Councilmember Johnson. Councilmember Moffitt. Councilmember Reese. And Councilmember Short. Since it's International Workers Day, this is a testimony from somebody who worked on the work pod. In Durham County Jail while he was inside. His name's Vincent. I have permission to share his name. He wasn't able to be here today. So I figured I'd read his words. Of a total inmate population that hovers around 450. Only about 50 to 65 are on work detail in pod 4B. They perform various tasks on a daily basis including laundry, preparing meals, painting walls and cells and pods and janitorial work. They do not receive any wages for their work. Vincent writes, you can work 40 hours a week in the jail and still owe money when you get out. Like me, I was put in there for owing and child support. I worked most of the time I was in there. I came out and I was no better off. The people in the kitchen worked from 4.30 in the morning until 6 at night. It's crazy. But they don't want anyone to know that all that worker inmates do to keep the jail running. They don't want the public to know. When you go to court, you have to change out of your blue uniform signifying work pod to go to court to appear in orange. They don't want you to have any special recognition. The orange shows you are a criminal. The public, they know orange equals criminal, even though you are doing a service for the jail. But they don't want people to know that. Because I was having trouble adjusting to being confined, I went five days without eating when I was in the jail. Mental health suggested I go to the work pod and I accepted. Basically, it was a way for me to keep busy, keep my mind off things. The kitchen, they don't have enough kitchen staff. They are totally dependent on inmates. Most of the time, you'll have one cafeteria worker who works for Airmark. He or she is like the witmaster, the dictator. Roughly 10 to 15 inmates per one kitchen staff paid by Airmark. That's just an excerpt. If anybody else wants to read more, I also have other letters from folks on the inside. These are workers. They're organizing. Let's stand with them. As a part of our program, let's keep the doors closed, please. Keep the doors closed. As a part of the agenda for those of you who may not have attended our meetings before, we have several proclamations that we'd like to present. Officers, will you close the doors and not let anyone else in while I'm conducting the meeting? I don't care who's out there. Just keep the doors closed, please. We have a proclamation that we'd like to present to NCCU's basketball team. I want to see who's here from NCCU, might be representing the team. Oh, the coach. Okay. Well, we talk about good things happening in Durham, including the ability of persons to come in and have their voices heard. But as most of you know, this has been really a great season for two of our universities in the city, North Carolina Central University and Duke University. And it is on behalf of the Durham City Council and the citizens of Durham that we want to recognize the coach and his team and his staff for such a great season. In particular, their achievement of the MEAC Basketball Championship this year. And I'm not going to read the whole proclamation. See, you've got to... Somebody who can't keep quiet. She went to NCCU. She wants everybody to know it. I may approach them, core, cold, and fat. But Coach Molden, I'm not going to read the whole proclamation. And if you have any of your team or staff here, if you'd like them to join us, that would be fine. All right, Chancellor. Everybody said, you know the Chancellor's here. Well, I'm going to get them up here. But the proclamation reads, whereas the NCCU managed Division I, basketball team won the school's second mid-eastern athletic conference championship and advanced to the NCAA tournament. Whereas this legendary season was highlighted with Coach Molden's earning the 2017 Box Toro Co-Coach of the Year and the National Association of Basketball Coaches District 15 Coach of the Year as a guiding legalist for the second Division I NCAA tournament, appearance in a four-year span with a 13-3 mark in the MEAC. Whereas Patrick Cole, senior guard, was honored as Box Toro National Player of the Year, NABC, all district 15 first team in MEAC Player of the Year as finishing in the top three in the league and scoring assistant rebounds, whereas heading to Dayton for post-conference play with his 25-h season record. This determined team entered the NCAA as the number 16 seed, matching up against UC Davis in the first round of play. Whereas while the Eagles played valiantly against this opponent, they experienced an end to an impressive season finishing with the 25-9 record. Whereas collectively, this team will long be celebrated for its excellence, athletic prowess, and enormous sense of pride. It brought to alumni, fans, and the larger community of NCCU. Now, therefore, on behalf of the Durham City Council, I, William V. Bill Bell, mayor of the City of Durham, North Carolina, do thereby salute Coach Lavelle Moten, his staff and members of the 2017 NCCU Men's Basketball Team for winning the MEAC championship and for his second appearance in the NCAA tournament and call upon all citizens in the City of Durham to join and salute in these outstanding athletes and NCCU Athletic staff for a job well done. We're confident and a bright future for this program and can't wait until next season. And with my hand in the court facility of Durham, North Carolina, this is the first day of May 2017. I'm going to present this to the coach and to the chancellor for any commerce that you might have. Thank you guys so much. It never gets old to come here. That means it's always in celebration of a championship. To these young men in front of me. Well, first of all, if y'all would have played with the same passion they were with, we would have won a national championship. That's passion out there. But as a coach, it's kind of easy to get recognized for something you really don't have any control over. And I get far too much credit. I told them from day one that this is always, always has and always will be a player's game. And they make me look a lot better than I actually am. Our player of the year, Patrick Cole, he's not here. He had a class, so he'll be graduating in a week and a half. But our other all-conference performer, Duane Graff, right here, raise your hand, Graff. We played this kid 39, 40 minutes a game. And what I found out, and I told them early on in the year, out of 350 Division I schools, everyone's goal is to win a championship. But what you'll soon discover is a lot of people want what it looked like, but a lot of people don't want what it feels like. And that feels like it requires you to wake up at 5.30 a.m. and run four or five miles and then lift weights before you've eaten a sandwich or some scrambled eggs or whatever. And these guys made that sacrifice. And what you're seeing is a direct result of that and incredible leadership from our chancellor all the way down. So it's really a collective effort, and I'm just standing before you as the messenger. So thank you guys so much. Thank you to Mayor Bell. Thank you to the City of Durham. We always humbled. We're always honored to represent you as best that we possibly can. So thank you so much. As you can tell, that's a very tough act to follow. He's the star. That is Coach Moon. But Mayor Bell, Mayor Protum, and members of the council, and to the entire City of Durham, I stand here this evening to accept this proclamation on behalf of all of our faculty, our staff, our students, and our alumni. We exist here in this city because of your support, because of what you do for us, and we appreciate every minute of it. And we will now let you down. We'll continue to do everything to make you proud. So once again, we thank you for recognizing this young man, and they are as good in the classroom as they are on the courts. So I want you to know that. So we thank you so much. Thank you, Mayor, and we appreciate the support. Mike Craig, do you want to speak? Mike, so we're City of Champions, and this year really proves it. Mike, as you may or may not know, I'm the Deputy Director of Athletics at Duke University, and give it up, give it up. And the proclamation reads, wears on March 11th, 2017. The Duke University Men's Basketball Team rallied to win the 2017 Atlantic Coast Conference TUNAMAT, championship by defeating Notre Dame by a score of 75 to 69, whereas Duke Men's Basketball Team started off the season as number one in the country for the eighth time, and headed to the National Collegiate Athletic Association's championship for the 22nd consecutive time. And whereas this is Mike Kay, coach's 37th season, as head coach at Duke, which yielded 28 victories, wears the Blue Devils, won their record 20th ACC TUNAMAT championship by becoming the first team ever to win four games in four days, whereas Coach Kay, the only men's coach in Division I history, to win 1,000 games overall, went through the 2017-18 season just two wins short of his 1,000th at Duke. His 998th win at Duke on the most in NCAA history by a coach at one school, whereas Duke had three 1,000 point scores on his roster for the 14th time in program history as Grayson Allen, Lucanard, and Neil Jefferson, all reached this moment in his milestone. Now, therefore, on behalf of the Durham City Council, I, William B. Billwell, and the City of Durham, North Carolina, whoever I salute, Coach Kay, his staff and members of the 2017 Duke University Men's Basketball Team who won in the ACC championship for his 22nd appearance in the NCAA TUNAMAT and called upon all citizens in the City of Durham to join in saluting these outstanding athletes and the Durham Athletic staff for a great job. With my hand, Corporate Silver City of Durham, this is the first day of May 2017. And again, I'm going to present this to you in the comments. And let me say, you honor us by what you guys do. Thank you very much. Thank you, Mayor Bill. Well, first of all, we're in final exams, so I brought no friends with me. And certainly, I wasn't the one out there, but I've been here for 30 years at Duke University and proud to raise our children here in Durham. And I want to thank all of you for making our city great. And Mayor, as you said, this is the City of Champions. I love driving by that sign every morning, going into work. And we truly, truly love everything about Durham. We appreciate all the support. And it was an interesting year, as you noted all the highlights, that we had a lot of injuries, including our head coach being out for the month of January. And these kids were tough and resilient. And those four days in Brooklyn were very special. They were the heart of champions and large support because of our city knowing they were behind them. And so we too are very proud to represent Durham every day. And we're very proud to work in it. And we thank you all for the support and for this proclamation. Mayor, thank you. Some of you came through the center hallway and you recognize some familiar faces. This is National Drinking Water Week. I'd like to have Arthur Lyon, if you would join me. Arthur is the plant operator at the Williams Water Treatment Plant. And the proclamation reads, whereas water is a basic and essential need of mankind, whereas our health, comfort and standard of living depend upon an adequate supply of safe, clean water, whereas throughout the years the city of Durham has taken a lead role in source water management and protection as well as the production of a consistent supply of high quality drinking water, whereas changing climate and global warming may impact the availability of our purchase natural resources, whereas our drinking water and water resources are undervalued, whereas we all stewards of the water infrastructure upon which future generations depend, whereas dedicated individuals and organizations such as city employees, industry leaders, scientists, environmentalists and students have made significant contributions in developing, operating and maintaining our water treatment and distribution systems, protecting and conserving this precious resource and educating the public on the value of this resource. Now therefore, I, William B. Bill Bell, Mayor of the City of Durham, do we have our proclaiming May 7th, through the 13th, 2017, as National Drinking Water Week in the City of Durham, and urge all citizens to join me as a partner in the Water Use It Wires campaign and to pledge to embrace the water conservation ethic in order to extend the life and protect the quality of our most precious natural resource. Again, with my hand, Court of the City of Durham, this is the first day of May, 2017. I'd like to present this to you in the comments. Thank you, Mayor B. Bell. City Council, I am authorized to certify and operate in the Historic Williams Water Treatment Plant. I am honored to be here today to accept this proclamation on behalf of the Water Supply and Treatment Division and all of these employees of Durham Water, the Durham Water Management Department, producing clean, safe, healthy and reliable drinking water, takes a 24-hour commitment from our team, 365 days a year. And speaking of years, we've been doing this now for 100 years at the Williams Plant. Even though I haven't been there the whole time, I am proud to be part of that team that ensures everyone of our customers has access to clean, high quality water every time they turn on the tap. That team work and dedication includes each of our 300-plus department employees for operators like me to maintenance technicians, engineers, scientists, conservation staff, management and more of all of whom are committed to treating, delivering and protecting Durham's water. And we look forward to curing out this essential natural resource for the next 100 years. Thank you for taking the time tonight to recognize the vital and safe role drinking water plays in all of our lives. We appreciate the support of the council, the city administration, fellow employees and of course, the residents of Durham who make this community such a great city. And on a personal note, Mayor Bennett. I know you can't help but have noticed our young people out in the audience as you came through and we're going to recognize them. I'm going to turn this over to Vicki Westbrook for comments that she may have as we do this. You can take a little walk down. Good evening, everyone. As a part of our celebration of National Drinking Water Week, we'd like to take this time to recognize the winners of our department's annual poster contest. But before we move into the 2017 winners, we'd like to take a moment to recognize this lovely young lady standing in front of us, Amma Minsa Boone. Amma was the first place winner for her category last year. You may have remembered seeing her poster outside. We've invited her to join us tonight because earlier this year she joined the Water Works Association, which is the largest nonprofit scientific and educational association dedicated to managing and treating water, selected Amma's artwork to represent the 2017 National Drinking Water Week campaign. So her artwork is being featured in this year's Drinking Water Week ads and promotion materials used across the country. This year we're wearing shirts we're a little more casual than usual featuring Amma's design. And it was really cool because earlier this year we surprised her to assembly at her school wearing the t-shirts and gave a t-shirt to her family members and I believe mom and dad are here. I know these little brothers wearing his shirt. So we want to thank Amma for her great work in participating. So give her another round of applause. So we're going to ask our 2017 winners to come stand and align so we can recognize them for their fantastic artwork. So this year the theme was finding water and there are a lot of interesting posters that you'll see outside, take time to look at them before you leave. We received almost 300 posters from students in 13 different schools and tonight we're presenting the top three posters from each of our grade divisions. We're starting with the K through 2 category and in third place from Montessori, Elementary is Isabel Halpern. In second place also from Moorhead Montessori Elementary, Aidan Amani Livingston. And in first place from Montessori Community School, Owen Herbert Reeder. Moving on to the grades 3 through 5 category in third place we have Ayaz Hussein from Durham Academy. In second place Merritt Schultz also from Durham Academy and in first place Beckett Moylin-Durham Academy. In the grade 6 through 8 category we have a couple of folks who aren't here tonight. Third place Voyager Academy, Jackson Lee. Second place Ethan Holbridge also from Voyager Academy and in third place Abigail Cunningham from Voyager Academy. So we'd also like to take the opportunity to announce that each and every one of these students is in the statewide contest in their same categories. So we have all of the statewide winners in front of you right now. Thank you all. Thank you for the parents and teachers and their artwork on display outside. Please check it out when you leave. While they're leaving could I ask Tika Dampson if she would join me if she's present? This is presented to Tika and the Family Coordinator for Alliance Behavioral Healthcare and it's the proclamation recognizing the Children's Mental Health Awareness Month. Where as to promote awareness of positive mental health well-being and development for all children youth and young adults aged birthed through 26 years in North Carolina where as a leadership in North Carolina recognizes that mental health needs and treatment be on par with medical needs and treatment where as families shall not feel stigmat and ashamed to seek treatment for the children and youth and be able to discuss openly their need for health without public retribution and needs to be available to everyone. Education on identification use of children's strengths to support success, promote mental health as well as anti-stigma, inclusion and social skills education should be available to all citizens of North Carolina whereas available school-based mental health programs and positive behavior intervention and support should be considered as the best practice and be encouraged to be practiced in every darn North Carolina public schools where as children are recognized and substance use and not being combined with adult mental health population for treatment whereas effective mental health treatment services to strengthen families, youth leadership development and family part of peer supports results in children and youth overcoming trauma becoming successful and contributing Durham, North Carolina citizens in a safe environment in their homes schools and communities whereas the city of Durham, North Carolina North Carolina mental health planning and advisory council for families with children's mental health alliance behavioral health care NC families united the North Carolina state children's collaborative and the families named NC public health department of social services all medical facilities all legal entities and communities with children youth and young adults struggling with emotional behavioral health issues join to recognize children's mental health awareness month and safety now therefore the city of Durham, North Carolina do have our proclaim May 2017 as children's mental health awareness month in Durham, North Carolina and come in to serve as our citizens and with my hand corporate associate of Durham this is the first day of May 2017 I'm going to present this to take a floor in the comments that you may have Thank you, I'll be very brief although I went to show near pro tem so maybe one day, maybe one day I would like to thank each and every one of you for your undying commitment to the process of us partnering with our children and when you talk about and I don't just say it very lightly there are good things happening in Durham and when we say that we're talking about at an early age identification prevention is critical and Durham has decided let's address some of those components and let's see how do we raise and support our children being healthy at an early age and not waiting until they're older the relationships with Durham public schools have increased immensely so we should be extremely proud of that we have children and students transitioning to healthy human beings adults and that is done only because you made the investment as leaders of Durham to do that so thank you for your support continued support thank you it's Captain Gaddy it's made of you know this is police week and peace office of Memorial Day and I'd like to present this to Captain Gaddy who's the vice president of Eternal World of Police whereas the congress and president of the United States have designated and made a 15th as peace force as national police week whereas offices of Durham County law enforcement plan essential roles safeguarding the rights and freedom of the citizens of Durham whereas it's important that our citizens are aware of and understand the dangers and problems encountered and the duties and responsibilities incurred by their law enforcement officers whereas it's equally important that our law enforcement officers recognize their duty to serve the people by safeguarding life and property innocent against deception and the weak against oppression or intimidation whereas the men and women of Durham County law enforcement unceasingly provide a vital public service therefore William V. Bill Bell, Mayor of Durham, North Carolina do you have a claim this week the week of May 15th through May 21st 2017 as police week and April 28th 2017 as peace officers Memorial Day and Durham and call upon our citizens to join in commemorating law enforcement officers past and present who have rented a dedicated service to their community and encourage our citizens to attend the peace office and Memorial Day service which is on April 28th at 11 am and I was out of town so I was not able to be there at Greystone Baptist Church, Hillsborough Road they wanted in which they honored the peace officers who lost their lives and have become disabled in line of duty again with my hand the corporate citizen of Durham the peace day of April 2017 and I'd like to present this to you for any comments that you may have. Good evening and it is my pleasure to receive this and to the Mayor to the city manager of the city council thank you for your continued support of law enforcement in general but definitely the fraternal order of police as we honor officers this month who have died in line of duty throughout the county of Durham not just the city but the city and county I would ask you to continue to keep them as in your prayers as they made the ultimate sacrifice to our city council members that attended and those who had the desire to attend the service thank you we appreciate that as well councilman Davis thank you for presenting the proclamation to our chief of police chief Davis thank you for the inspirational message that you provided to us during the ceremony also I'd like to thank the hillside high school course who rendered the music which was just unbelievable it's amazing to see what those young folks can do as kids and young adults and the type of service that they provided and also we'd like to thank the gravestone Baptist church for providing the facility that we have the opportunities to host again and sit back and enjoy and so you know I actually I ask everyone here just remember to keep the officers in your prayers out there every day and day out to provide you service as best possible service that we could possibly provide thank you the final proclamation recognizes order services and I'd like to ask Jermaine Bruenton who's the director of our order services department joining me whereas internal auditing is a vital part of strengthening organizations and protecting stakeholders of both the public and private sectors whereas internal auditing helps I manage the organization's risks and ensure policies, procedures and controls are in place and working appropriately whereas internal auditing is an increasingly sophisticated and complex activity requiring specialized knowledge, training and education whereas internal auditing is an established profession led by the Institute of Internal Auditors with a globally recognized code of ethics and international standards for the professional practice of internal auditing whereas the contribution of internal auditors to successful organizations and a global economy at large deserves our recognition and commendations therefore I, William B. Bill Bell, Mayor of the City of Durham, North Carolina do hereby proclaim the week of May 8th 2017 as internal audit week in Durham and commend its observers to our citizens and again with my hand the Corporate City of Durham this first day of May 2017 I'd like to present this to Jermaine thank you very much thank you Mayor Bell, thank you Mayor Pro-Tim City Council members for your continued support the mission of the audit services department is to provide assurance that city processes are working efficiently and effectively and we do that every day but once a year we get to sponsor internal audit week internal audit week will begin next Monday May 8th and during that week we'll have several fun and engaging activities to augment other city trainings to city employees for fraud prevention and fraud awareness and so we invite city council members we invite our colleagues other city staff and city residents if you're in City Hall next week please stop by and participate in the activities that will be taking place so we thank you very much okay, let me ask other comments by members of the council you recognize the Mayor Pro-Tim good evening Mayor Bell I'm requesting an excused absence from the meeting on Thursday North Carolina Lady Municipality Support Meeting it's been a parking movement I should have announced that the voting machine is still not working the plan is to have it installed sometime after July I haven't said that I'll entertain a motion on the item all in favor of the motion and can't be saying aye those opposed the motion passes unanimously I recognize Councilman Rees thank you Mr. Mayor this is Durham Bike Month and this kicks off a series of events throughout the city during the month of May designed to encourage folks to get out of their cars get off the couch, get on the bike and ride around this beautiful city Bike Month kicked off earlier this evening at Pony Soros Brewing Company for an event where you could ride your bike over have it tuned up by some of the local experts from the bike co-op other folks who are interested in cycling I've managed to rouse myself and bike over there from City Hall but still actually got on a bike today which hadn't happened in a long time and my bike was in horrible shape so the tune-up was much needed and I got a list of things I need to get replaced needless to say it was a fun time although I was unable to fully enjoy the brewery because of our evening together Mr. Mayor but in any event I just wanted to highlight that if folks are interested in learning more about Durham Bike Month they can go to DurhamBikeMonth.org where there is a list of events all sorts of things are happening throughout the city in regard to Bike Month there are different events to go to group rides and that sort of thing so I encourage folks to go to that website DurhamBikeMonth.org and get out and bike in the City of Durham Thank you Mr. Mayor Good afternoon Councilor Shul and Councilor Muir-Marford I just want to remind the Council and tell the folks in Durham at large that Durham Refugee Day will be celebrated this Saturday, May the 6th from 2 o'clock to 5 o'clock at Durham Central Park and we will have refugee families who are cooking and we will have music and everyone in Durham is invited to come and embrace the refugee families that we have living in Durham this is an event that's been endorsed by the City of Durham but it is also being sponsored by our two refugee resettlement agencies World Relief Durham and Church World Service who are resettling refugee families here in Durham and giving them support so if you can come out on Saturday it's going to be a lot of fun Durham Central Park between 2 o'clock and 5 o'clock and look forward to seeing a lot of folks there Thank you Mr. Mayor Yes thank you One of the fun things that I like about my work is getting out into the community and seeing the work that other people are doing and Saturday was I just had a lot of fun on Saturday I started with the Lisa P Angels 5K where the Chestnut family has really made this 5K come together in order to provide information to the community on health in particular on diabetes and then I went over to the work session of the Women's Commission working on issues related to women but the one that was most remarkable to me was the Coalition for Unchained Dogs which was over in Eastern Durham and it's now gone on to become Beyond Finces and this is what I didn't know I'm embarrassed I didn't know how much work they've been doing over the last 10 years for people who have low income and they're just people helping people with their really loved pets they've built over 2,000 they've fenced 2,000 yards in the last 10 years they've helped 4,500 dogs and the people that those dogs go with they help people who have to give up their pets and connect them to people who are looking for pets they've provided Beyond Finces they've provided shade crates to help people when they want to transition their dogs inside they give them information they help them with regular spay at neuter clinics and provide vaccinations and the event was filled with all the people who have been helped by the organization and everybody I talked to was just wildly enthusiastic about the connections that were being made between people over this work and their pets and they helped out to Beyond Finces Well I was in Washington for the better part of the week but I got back in time to take on some of the other cool events it was a great weekend a lot of energy in the downtown area and sister and her team congratulated her putting on what I thought was a great show a great event I haven't said that I'm going to recognize the city manager I'm sorry I want to say there were other council members who were at all these events and I'm afraid to start naming them because I'll forget somebody who was at one of them or another but I know, thank you for bringing up Articool but everybody was out I know a lot of people were in the community so thank you Thanks Darn Recognize Deputy City Manager Wanda Peach when your priority items Good evening Mr. Mayor Senior Assistant City Attorney Kimberly Rayberg and the City Attorney's Office also has no priority items tonight Thank you Likewise City Clerk No items Mr. Mayor Okay We'll proceed with the agenda because it's an agenda being the first item the person who chooses to pull an item a council member pulls an item we'll discuss that later in the meeting and I'll read it and we'll each one Item 1 is Approval to City Council Minutes Item 2 is Defendant Eligibility Verification Performance Audit March 2017 Item 3 is Request to a Man Other Grants and Capital Project Audiences Item 4 is EB4707B Old Durham Chapel Hill Road Bicycle and Pedestrian Facilities Supplemental Agreement Item 5 is the Downtown Loop Waterline Replacement and Water Meter Upgrades Amendment 2 with Kim Lee Horn and Associates Inc Item 6 is Construction Manager Risk Contract with Gilbane Building Company for the Administrative Facility Expansion and South Durham Water Reclamation Facility Laboratory Building Project Item 7 is Central Park Waterline Replacement Construction Contract of Wilkerson Contracting Company Inc Item 8 is Turnage Heights Lift Station Abandonment Mud Creek Outfall Project Item 9 is Federal Road Lift Station Enforcement and Upgrade Contract Award to CDM Smith Inc Item 10 is On-Call Professional Services for Construction Administration and Construction of Observation Contract Award Item 11 is Cooperative Group Purchase Contract for the Durham Fire Department Item 12 is Big Report for March 2017 Item 13 is Refunding of General Obligation Bonds Series 2007 In issuance of General Obligation Two-Thirties Bonds Item 14 is Proposed Acquisition Approximately 26.7 acres of vacant land A portion of 78 acres Located at 5510 Wake Forest Highway Durham County NC for Construction of a New Southeast Regional Lift Station Item 15 is Amendment to Workforce Innovation and Opportunity Act Adult Dislocated Worker Services with Educational Data Systems Incorporated EDSI from July 1, 2016 to June 30, 2017 Item 16 is Agreement Defined ModeFest for FY 2016-2017 Item 17 is Resolution Supporting the Advance of Property Located at 1228 Carroll Street to the City of Durham Item 18 is Utility Extension Ring with Farrington Farms L.P. to Serve Farrington Mixed Use Item 19 is Licensing Ring with Alexander Industrial Park Associates LRC for Sign Within a Public Right-of-Way Item 20 is Resolution to Support the Upper Newson River Basin Association FY 2018 Budget and City of Durham Contribution Item 23 is an Item that can be found on the General Business Agenda Item 24 is an Item that can be found on the General Business Agenda as a public hearing I entertain a Motion for the approval of the Consent Agenda Items Proper Move is Second All in favor of the Motion, indicate by saying Aye. Those Opposed? The Motion passes unanimously We move to Item 24 General Business Agenda Public Hearings Consolidate Annexation for Grow of Fielding Yancy Property Is there a staff member on this item? Member on this item. Thank you. Good evening. Jacob Wiggins with the Planning Department I'm an Annexation Petition Utility Extension Agreement Application and Zoning Mat Change Request has been received from SBT Joint Venture, LLC for 47-acre parcel located at 7218 Leesville Road The subject site that is being petitioned for annexation would create a new satellite annexation The closest contiguous city limit would be your feet to the west of the subject site The site is Presently Zoned Residential Role Airport Overlay in the County's jurisdiction and the applicant is requesting a zoning designation of Plan Development Residential 3.170 Airport Overlay in the City's jurisdiction If approved, the annexation and zoning mat change would become effective on June 30th, 2017 The Development Plan associated with this request commits to a number of items. Some key commitments include limiting the development to a maximum of 149 single-family residential units with a minimum lot size of 3,500 square feet construction of an east-to-west collector street for site access points roadway improvements along Leesville Road and project manager buffers The Planning Commission recommended approval of this rezoning request by a vote of 10-to-1 at their 10th, 2017 meeting and staff determines that the request is consistent with the comprehensive plan and other adopted policies and ordinances and I'm happy to answer any questions that the council may have Thank you. This is a public hearing The public hearing is open. I would ask first are there questions, comments by members of the council on this item If not, we have one person that has signed up to speak while Gerard Eddings is coming to speak on this item If you don't mind, if you could go to the clerk's table to the left and turn your card and why are you speaking in support against? Okay. You have three minutes initially Good evening. Thank you Mr. Mayor Gerard Eddings with Edons Land Corp I'm here representing my client James Tucker As Jacob summarized, we're here requesting support on that lot, so division off Leesville Road near Briar Creek and Durham. As you're well aware this is a fast-growing part of town the Dell Web Project Spurn Development here several years ago and then you've seen many projects pop up around it taking advantage of the extension of utilities and whatnot in that great location We think this project will fit right in We're proposing a density that's well within the future land use plan We've had a fairly smooth process so far and knock on a really big piece of wood as I stand here tonight but I'd be glad to answer any questions that you may have. Thank you Are there any questions of the developer at this time? If not, I recognize Mr. Strohler You sounded for two as Anthony and Rose-Marie both of you speaking This kind of caught us off guard because we were expecting notification for a follow-up meeting that we had With this planning commission With the planning commission Just a zone change Yeah, just a Zone change But not a city annex Yeah, not a city annex We didn't know it was part of the overall plan that this was going to happen. We were expecting a follow-up meeting where there was a few months ago for where there was a discussion about possible changes to roads coming out of the development that would impact us They want four feeder roads coming out of the development and actually there would only be two in actuality because one would be going to Leesville Road, the other one there's property behind them farms so it doesn't it wouldn't reach Shady Grove Road and then the next one on the south side is to Bluegrass Road and then the other one is to a farm where they said eventually Briar Creek Parkway is going to come up through there to connect to Leesville Road The one we object to is the one coming out on Bluegrass Road because it's a little bitty gravel-par road that is a dead end and if they all of a sudden put a road there when people are coming from 70 or Briar Creek they cut through Shady Grove Road hit the four way red light intersection they're going to try to cut down Bluegrass and so our traffic on that corner is going to explode because the one paper said they estimated like 910 vehicles traffic a day in and out of that subdivision that they're going to put in there that road will not take that much traffic I mean it's weird right on the corner of Shady Grove and Bluegrass and our road is full of potholes just from the dump trucks they're building a house down the street it just it doesn't seem feasible that it's going to for them to put a road on that side and there's also supposed to be a I don't know how big acre but where there's a wood line against Bluegrass Road and where they're going to build a subject they can't touch so in essence they're going to have to cut through a section of that so I just want to add to that that I think there needs to be better notification to the folks who live in the area that are going to be affected other than a letter that comes out saying it's one thing and you get here and you find out looking at the agenda that it's something totally different and going to the county's website trying to find information is just horrendous to try to do that so thank you. Yeah we didn't know it was going to get annexed to the city I mean that's like in our backyard and it's just not right. Could I ask a question please could I ask could I ask a question of you? Sure. Alright you say you live at the corner of Bluegrass and Shady Grove Do you have the little map? That's what I'm looking at now Is there any way we can put the map up for this item? We were expecting another discussion about that and no idea that this was going to go to this point So are you telling me the letter didn't have anything in it about annexation? No. It just said about zoning we get here and we look at the list of items on the thing and that's where it says annexation to the city of Hur. Do we have a copy of the letter that was sent out from the stand? Mr. Mayor, Members of Council, Pat Young with the Planning Department. Mr. Wiggins can provide the certification. He has reviewed that material today on the notification we believe all notifications made as required by law. We can pull it here in just a moment and confirm that the speakers are on that list. Mr. Young Is notification required for annexations? The notification references the zoning action which is what's required by law the annexation's got a separate notification area so again I want to have Mr. Wiggins confirm the exact location of the speakers property and Jay Wiggins with the Planning Department just follow up on what Director Young said that yes I can affirm that public notice was sent in accordance with applicable laws and policies for this request the initial zoning designation is 100 feet from the subject site so the larger range is the zoning map change application which goes to a radius of 600 feet the letter would have had both case numbers on there for this request with contact information for staff for additional information regarding these actions. Could I ask another question can you tell me what is your understanding as a result of the Planning Commission report? Out of the Planning Commission report I thought I heard you say I have the impression that the next meeting we were going to attend would be to discuss possible changes that we talked about previously about this alley road connecting to the small road we live off of and other discussions leading up to that oh I'm sorry other discussions leading up to that and then we would eventually end up being before this group for some sort of final approval or something based on all that I didn't know that this was going to happen and then another portion of it Who led you to believe that you were supposed to have those discussions? That was part of the discussion we were here last time They said we were going to have Do you talk about the Planning Commission? Yes sir I don't remember the name of the person that we had this part of the discussion with Well let me tell you what my issue My issue isn't really with the zoning matter My issue is really have we given proper notification to persons that are being impacted and I know that's a legal way but I'm a little surprised that if you go on annex property that people next to it aren't a part of that notification If there was another letter that went out it sure didn't make it to our home because we've gotten all the other ones and made all the meetings that we could make that were scheduled so it just sort of took off guard that we're at this point already and being that the property is going to be annexed to Durham City probably doesn't mean anything in the grand scheme of things other than it's going to be part of Durham City and we're still in part of Durham County but it's still be nice to have that spelled out something clear and black and white that we could look at as living next to this property that says hey oh by the way when you come to this meeting this is what that's going to be discussed The city is going to be right across the street from you We already have the city of Raleigh right across the street on the other side of Shady Grove and now the city of Durham which we thought would be further up 70 is now coming all the way to almost to the end of the county line Well you've raised two questions you've raised a question about notification but you've also raised a question about the road and I guess that's what I'd like to speak to Sure, Jacob Wittman's with the planning department Staff can sort of look at our letter notifications see if we need to provide some additional information in terms of the initial zoning I apologize if that wasn't clear we certainly want to provide clear and concise information In regards to the roadway connection it is a requirement of the ordinance for the applicant to connect to that street to the south of the property and I believe that is why it is currently shown as is on the development plan Right One of those discussions that we had in here the last meeting with the other folks was that to go back and look at this because it really didn't make sense even though the rules for doing all the development state that Durham County the development plan says they want access on all four points of the compass and the part of the discussion was it really didn't make sense common sense to have a road that doesn't come into access this little dinky road we live off of when it really serves no purpose other than just fulfill something that's in black and white and in ordinance for development They said that they needed those point access for emergency vehicles for their access for easy access to get into that subject Well Durham volunteer but does the fire department right across the street come down blue grass to come up the back end everything is going to go off of Leesville road to get into that subdivision So that's another reason that I was thinking why would they go around when they're right there across the street to be able to go in off of Leesville road But that's part of the they called it the UDO ordinance that says have four points That might be well and good but they need to look at the plot of land and see exactly where stuff is and how traffic would go or emergency crews would go around to get into that access to that development and make sense out of it Right now it doesn't make sense for the way that parcels position in the roads that are around it Does the staff have any response to that or is there an alternative to that The neighbors are correct that ordinance does require these four connections There's two ordinance standards being triggered by this request One is that since the applicant is proposing more than 91 dwelling units they have to provide two connections to the existing roadway network There's one on Leesville road and the second one here is the property There's also a linear dimension that the ordinance requires so any side of a property in the suburban tier that is greater than 1400 feet in length the applicant also has to provide potential stub outs along those sides and you can see that those are shown on the eastern side of the subject property and the applicant is also showing the east to west collector street on the internal portion of the property This was a point of discussion meeting It's a pretty black and white standard of the unified development ordinance for these connections You're meeting the requirements of the ordinance Yes, the plans that's personally designed do meet the requirements of the ordinance Okay, let me ask you other questions Do you have other comments you want to make? I have the original letter that we got saying about this meeting being about the zoning and nothing about the annexation but we're across the street but I know neighbors who also border that property and I don't know if they got a notification or not because they didn't hear about the one at the planning commission they had no idea so I don't know if they got a letter for this one Well, my comfort level would be if proper notification was not given there was no signs or nothing posted even around saying that there was going to be a public meeting about this property Well, then I'll post signs like that to do post signs about whether there's a zoning ordinance coming up and I'm hearing from the staff that you gave the proper legal notification that these persons were Mr. Mayor, members of council Pat Young again with the planning department I can certify that notice was required So you can? that notice was required provided as required by law the property was posted with the sign and notification and annexation and zoning was provided there are different notification areas under state law and so there may have been you may have received a notice for one but not the other but that is possible but as Mr. Wiggins referred to the case number along with all contact information in a description of the actions being taken is in the letter So I'm not sure that even if you receive the proper letter that you would like to receive the issue that you're really coming for pertains to the road that's what the real issue is Yes and I'm understanding from the staff that legally they're required to the developers required to provide a road at this site and I don't know if there's have you a better suggestion you don't want a road period So part of the discussion we had with the gentleman here can you get a closer to the microphone please I hate microphones part of the discussion we had last time was put a road so put a gravel road at a certain point coming towards the blue grass road the output onto the road we live off of and just put a gate there and the only folks that could get through the road would fulfill the commitment according to the ordinance there would actually be a road there but for emergency vehicles only and put a gate there or some sort of access that only emergency vehicle folks could get in through so that when the folks who live in the development if the road was completed all the way through as originally planned wouldn't start dumping out on the road we live off of and make life even more chaotic than it currently is That makes sense That makes sense but a question is it doable to adhere to something like that and would that be something that the staff could accept You're trying to protect your interests I understand that this is what I understood that we were coming to this next meeting for there will be some time in February but now it's May Okay let the staff comment on that then I'm going to further the comments Jacob Wiggins with the playing department the connection is more than just for emergency connection it also helps alleviate traffic associated with the proposed development the reason we have the standards and the ordinance to direct traffic to have multiple roadway connection points is based upon the number of trips generated by a project so in this case the impact would be slightly less than on these and yes there may be some additional traffic in the neighborhood where these folks live outside of that I think the only other option for the applicant could be to theoretically go back through the process request a variance from the board of adjustment to get out of that commitment and doing so it would result in the request going back to planning commission and ultimately back before this body Jared did you hear that who was that head question Yeah I did I appreciate Jacob's summary and I appreciate we've I've been working on this property for like three years so we've different developers different I've gotten to know the neighbors over the years we understand the concern but I think in the grand scheme of things because I'm also working on all the property west of here and the Briar Creek extension and all the things if you want to go to Raleigh or go to Briar Creek or go to Durham and the grand scheme of things because I've driven down Bluegrass Lane you're going to go west and have your easy access to Briar Creek Parkway extension right now in the grand scheme of things I don't think our neighbors to the south are going to see a lot of the extra traffic when things develop out that being said we're just not in a position to propose anything right now that changes the development plan that's before you tonight so I understand the concerns but we would ask for consideration of what we have Thank you Thank you Mr. Mayor First of all I want to I understand the concerns of the residents and I know they're legitimate you live there and you wish there wasn't going to be more traffic and there is going to be some more traffic and I can understand why you feel that way but I also do think that it's important that we not have a what would effectively at this point be a development with at first just one outlet I think that connectivity is important as is having multiple outlets for a fairly large track like this as well as the emergency vehicles I don't think that's the only concern but I do understand where you're coming from but I think that given where we are that I can't see another way around that I'll ask Mr. Aiden's question if you don't mind Sir, as you know we've got affordable housing needs in our community and one of the good things about adding housing is that it will help us meet our demands we also have an affordable housing need and I wondered if you had considered a profit to our city's affordable housing fund as a commitment Yes, so we've had a conversation with my client and just a little background I know some of the numbers I know this is fairly new I guess some of these proffers are fairly new so I don't know what the numbers are based on the numbers that I've heard I have an idea in my head keep in mind that this parcel is going to be paying approximately $600 to $700,000 in utilities, sewer, basin fees directly to the city of Durham which is something to take into consideration for cost to my client we would proffer what basically equates to $100 per unit which would be a $15,000 payment to that fund I tried to come up with a number that's just what I came up with to be honest with you that would be our proffer to not And so can I ask the staff in terms of what do you need some members of council we're certainly willing to accept and we can enforce that commitment we would ask for a timing mechanism and we would ask that that be prior to first preliminary plat first final plat recording correct that's acceptable also similar to the school's payment thank you thank you and also Mr. Edens with this rezoning it's customary for applicants to proffer a donation of $500 per student of the Durham public schools which in this case would be $5500 if you considered this proffer yes sir we would gladly do that again to be made, payment made prior to first final plat for the project thank you Jacob Wigginsville department staff sees no issue in enforcing that proffer commitment thank you thank you Mr. Edens thank you Mr. Mayor Mr. Mayor I just wanted to speak briefly to the residents who came tonight I wanted to say that I think the rules that we have within the UDO for road access exist for a reason and I think my colleague council member Shul spoke into those reasons pretty adequately tonight I did also want to say though that even if I read the written comments from the planning commission and a number of them did express I did echo your concerns about that roadway and what that would do to traffic on the south end of the proposed development and they asked us I believe one of them asked us to explore whether or not that particular requirement needed to be enforced in this instance I will tell you that the problem with not enforcing that requirement in this instance is that developers will then come to us and say well you didn't enforce it in the other instance and they would have an argument with our development and they would have a very powerful both rhetorical but also legal argument against us if we try to enforce it later I say that not because I think that will help you feel better about what's coming for your neighborhood but only to help you understand why I personally will be voting for the development plan tonight or for the rezoning and the annexation is because I see no good way for us to keep this from going forward on the basis that you've asked us to and I wanted to explain a little bit about my own vote and why I plan to do that and just to say that I wish there was some other way we could handle it tonight but I believe this is what we're going to do so thank you Let me ask you all the other comments by the members of the council Let me ask anyone else who wants to speak on this item that's being in public hearing in the matter Yes ma'am and there is an access to bluegrass what plans are going to be to improve bluegrass road because it's a barely a two lane gravel road that's just tarred over I mean it's full of potholes right now but if they have continued with traffic on there that's not going to stand up it's not a viable road that would stand up so if this happens then what kind of improvements are going to happen to bluegrass Let me ask this Is the rule will bluegrass be a part of the annexation or is it outside the annexation Mr. Mayor that's a good question that would not be part of the annexation but what I can verify and what Mr. Judge was able to verify for us was that bluegrass road is indeed a state maintained road so it would be maintained to state standard it's very common with state roads when there's increased traffic they evaluate it for improvements and it is paved, ribbon paved it's not gravel it is two lane it's about 30 feet curb to curb some pretty standard roads that part of the county Mr. Judge may want to speak to the future any future plans for improvements to that roadway or adjacent roadways Bill Judge with transportation I would like to see DOT to provide that connection I suspect that DOT would likely require some bonds particularly if there's going to be any construction traffic accessing the site from bluegrass to ensure that if the road gets torn up or further damaged by the construction activities it would be repaired by the developer and applicant but short of that there's no city or county requirement to make improvements to bluegrass is the state maintained roadway okay well let me suggest this do you have other questions before I close the public hearing does anyone else want to speak this being a public hearing if not the public hearing is closed as a matter of fact before the council and before we vote on this the office is going to pass I would ask Jarrett if you would consider what's been said about the condition of the road and to NCDOT to get the road in good shape and I guess the next step would be Steve if you're on the MPO when we come back through the MPO that could be one of the roads that we could ask for consideration as a part of that I haven't said that I'm going to call a question on the item it's been a proper move for the second all in favor of the motion they came to say aye those opposed the motion passes unanimously that concludes that item is there anything else that needs to come before the council this time oh sorry about that she's been sitting there all my time you thought you would get away when I said that right how did I miss that okay sorry about that you're wrong on that one oh it's okay it's been a proper move for the second all in favor of the motion they came to say aye those opposed the motion passes unanimously oh it's okay it's part of the job good evening everyone good evening tonight I bring to you the first quarter report for 2017 the quarterly report will cover the department's six performance measures part one index crime violent crime property crime clearance rates response times to priority one calls in addition tonight the department's analytical services manager jason she's will also provide a brief overview of dpd stop data captured during the 2016 calendar year additional statistics and highlights are found in the written document that you've been provided part one crime consists of violent crime plus property crime overall part one crime was up by seven percent in the first quarter crime was down in homicides and burglaries much of the increase was driven by a rise in robberies and larcenies larcenies make up more than half of all part one crimes violent crime was up by nine percent driven largely by a 24 percent increase in robberies the new robbery task force continues to focus on commercial robberies and robberies committed with firearms investigators work closely with the department crime analyst and other seasoned investigators from federal entities the da's office and federal prosecutors other agencies since november the robbery task force has been assigned 367 cases through april 15 many of their arrests are detailed in the accompanying first quarter report we began several initiatives during the first quarter to target violent crime to name a few district one held a supplemental patrol operation focusing on robberies in the area of the village shopping center officers participated in more than 450 foot and director patrols and made numerous contacts with businesses and citizens robberies have dropped by more than a half in the area and no robberies occurred during the supplemental patrol hours district two conducted an operation focusing on robberies in the north duke street north rocks pearl street horton road areas which has had positive results as well district three held an operation focusing on robberies and several apartment complexes near Durham chapel hill boulevard district four hill operation ceasefire focused on violent crimes in various areas of district four there were seven actual homicides during the first quarter three of the homicides have been cleared by arrests were also made in two homicides that occurred in 2017 the ucr chart that you see shows four homicides reported during the first quarter but there were actually seven so the chart is not playing tricks on you there three were cleared as self defense in 2006 17 which under ucr guidelines they count four and they take those three off but we keep track of both ucr guidelines and also what we actually experience in 2017 27 percent of robberies during the first quarter were commercial with one bank robberies 63 percent of all reported robberies were committed with firearms the number of aggravated assault victims which is counted by victims as well as the number of actual incidents went up slightly approximately one percent during this quarter during the first quarter 2017 compared to the first quarter of 2016 45 percent of all first quarter 2017 aggravated assaults involve multi victim firearm incidents same as the 2016 first quarter period burglaries continue to trend downward we have the fewest first quarter burglaries in at least 17 years the increase in property crime was driven by a rise in reported larcenies which accounted for 55 percent of all part one crime during the first quarter there was an increase in the number of reported larcenies from vehicles officers investigators conducted awareness initiatives to target and combat these type larcenies during the first quarter again in many cases people left items such as purses, computers or phones in plain view in their vehicles motor vehicle thefts were also in the first quarter slightly here's a breakdown of property crime categories 80 percent of all burglaries were residential of course burglaries down by 4 percent most stolen items in burglaries included television sets electronics, computer equipment and tools 28 percent of larcenies involved shoplifting which was the same during the first quarter of 2016 the most stolen items included phones money purses jewelry and computer equipment Honda Accords continued to be the most stolen vehicles approximately 25 percent of stolen vehicles had the engines running keys left in the vehicle when they were stolen which is a higher percentage than in the first quarter of 2016 which was 17 percent this chart was created by our crime analysis unit to illustrate the weekly trends of part one violent crimes during the first quarter so the blue line represents 2017 violent part one violent crime and the red line represents property crime as you can see part one crimes have been trending downward the year to date comparison illustrates in the beginning of January peaking about the fourth week of January then a dramatic drop over the first two weeks of February and a steady decline through March and early April our executive team here continues to discuss crime trends every week at our crime abatement meetings in depth that's where we decide on new strategies implement best practices and sometimes recalibrate our current action plans for more optimal outcomes clearance rates during the first quarter the Durham police department's clearance rates were above the FBI clearance rates for similar size cities in rape, robbery, larceny and part one property crimes the first column captures clearance rates for only the first quarter DPD annual clearance rates are in the second quarter second column for 2016 and then the FBI 2015 clearance rates are in the far right column 2016 clearance rates for the FBI are not available at this particular time the FBI clearance rates are for cities the size of Durham with populations of 100,000 to 250,000 residents under response times our target for responding to calls for service is 57% of priority one calls in under 5 minutes this quarter 54.1% were under 5 minutes this is an improvement slight improvement for 2016 when 51% 51.2% were under 5 minutes our target response time is 5.8 minutes as an average the average response times was 6.8 minutes during the first quarter this is an improvement over 2016 when the average response times was 6.3 minutes we had a 10% increase in priority one calls for service during the first quarter of 2017 over the first quarter of 2016 the number of priority one calls was up 32% from 2014 through 2016 our increased supplemental patrols and initialized units allow us to assign additional officers when and where we need them most staffing sworn staffing at the end of the first quarter was at 91% with 48 vacancies a BLET class of 11 graduated in February during this quarter our current BLET class started in February and has 21 recruits who are well beyond the critical phases of their training we started our first ALET class in first one in five years on April 17th with six officers this hiring strategy provides another way to get experienced officers on the street our recruiting unit has been heavily involved in robust recruiting campaign they tested 132 recruits during the first quarter which is more than double the number which was 64 that were tested the first quarter of last year we planned to hold a BLET class starting this summer we had at least 30 recruits in that class non sworn staffing was at 86% with 17 vacancies at the end of the first quarter that remains the same now so first quarter updates first I want to talk about the body cameras and I'm really going to spend more time with that more than 150 body worn cameras have been deployed all officers in district one two and four have been trained and outfitted more than 20,000 videos have been uploaded body camera survey was conducted we put together a quick survey for our citizens just so that we could sort of test out what their feelings were about our body cameras and having that equipment on our officers the glaring response out of the questions that were asked it was approximately six questions the one that was glaring was that more than 90% of the individuals that were encountered by the officers didn't know the officers had on a camera so there's going to be more training on communicating the fact that I'm recording this particular incident 75% said the body worn cameras increased their trust in the police department more than 90% said all officers should wear the cameras and almost 95% said they were comfortable with their interactions being recorded the remaining respondents neither agreed nor disagreed more than 85% believed the cameras would have a positive effect resulting in respectful behavior by both police officers and community members during police encounters only two people disagreed with that we plan to expand the body worn camera survey citywide during the duration of the implementation process as well and have those reports of that data for you we received authorization recently to go ahead and deploy our additional 28 take-home vehicles that should be occurring within the next working really close with fleet and that should be occurring within the next 30 days community engagement the department participated in various community engagement activities we participated in the police reads program with the Maureen Joy Charter school in March I enjoyed reading to those students as well in this month Y.E. Smith elementary school be having a similar program the inaugural eagle award event honoring women and law enforcement was held on March 24th women's history month the program honor 11 female retired trailblazers in the Durham police department and six awards were given to active female law enforcement officers more details about that award and that ceremony is also in your report the Durham police department reached out to the homeless during the first quarter one of the images here shows the officers as they presented empowerment coats which are heavy duty sleeping bags that convert into a warm coat officers participated in the point and time homeless count and the bull city fresh start event on January 26th officer Kendrick Hunter who is a member of CIT unit was recently honored as the Durham JC's outstanding young public servant for his work with the homeless and others and my last slide our police athletic league the winner basketball season was very successful 21 youth basketball teams not 21 youth but 21 teams comprised of third through fifth graders took part in the program during the first quarter there were 15 participating elementary schools including boys girls and co-ed teams there were hundreds of children that participated in this tournament district four commanders investigators and officers have been hosting community lunches on Tuesday the next one is tomorrow in mcdougal terrors to build positive relationships with the residents officers from North Carolina Central University police department and the Durham County Sheriff's office have also participated in these events we attended and addressed more than a thousand Hispanic community meetings and others at the Durham can meeting we had a productive conversation and discussed several issues concerning immigrant immigration and quelling the fear experience in these vulnerable communities at this time I will allow Jason she's to go over the data and then I'll be available for any questions that you might have good evening thank you chief as you mentioned I'm going to be presenting to you some trend data for our traffic stops over the last seven years I'm going to really focus on three major areas the total quantity of traffic stops the quantity and ratio of searches that occur as a result of those traffic stops and then a contraband that was located as a result of those searches also referred to as the hit rate so to get started as you can see here over the last seven years there's been a significant decline in the total number of traffic stops that have occurred in the city of Durham from 2015 to 2016 there was a 29% reduction and the total number of stops in 2016 was less than half of what it was in 2010 the demographics of the drivers have remained relatively unchanged over that period in 2016 58% of all drivers were black 39% were white and 11% were Hispanic in terms of the reason for the stop vehicle equipment and regulatory violations are a bit of a marker we have seen a reduction in how represented those are among stops as to the reason so in 2010 39% of all of the traffic stops fit into that category of vehicle regulatory or equipment violations in 2016 that had dropped to 29% of all stops so movement violations are more represented things like running stop lights stop signs, speeding and vehicle equipment regulatory and those types of violations have become less represented this graph represents the total number of searches in 2013 there are several different lines I want to call your attention to first of all is the green line sorry the blue line that is the total number of consent searches that have occurred there has been a significant reduction in the number of consent searches especially since 2013 the red line represents the total number of probable cause searches there has been an increase in those starting in so consent searches down probable cause searches up even though the number of probable cause searches is up it is not nearly to the degree that consent searches have been reduced you also notice on the green line something referred to as multiple search types really from 2010 through 2014 there were several hundred of these basically that means that the officer selected more than one type of search on the vehicle traffic stop form in most cases that was a combination of both a consent and a probable cause search we implemented some changes to the computer software in 2015 which eliminated that possibility requiring the officers to only pick one primary type of search and as you can see in 2016 we had virtually none of those this is now the ratio of traffic stops in which a consent search occurred broken down by racial or ethnic demographic so it's useful in a chart to identify if there were any significant changes in policy that occurred during that period so I'll first call your attention to the fact that in October of 2014 there was such a policy change requiring written consent to search for all consent to searches and vehicles so what you see here is that this reduction of consent searches over the years especially from 2013-14 onwards has been across all of these racial and ethnic groups black, white and Hispanic so the red line representing black drivers the blue line representing white and the green representing Hispanic so for consent searches the rate in 2016 was 14% and a couple of slides I'll get a little bit more into what the definition of a hit is that is up from roughly 11% in 2014 similar graph except for probable cause searches so this is for again the racial and ethnic groups of black, white and Hispanic drivers and you see that there is an increase for all groups the rate of that increase is a little bit higher for black drivers than it is for white and Hispanic drivers but there is an increase across all of those groups the same policy change is applies to this particular graph and the hit rate for these types of searches in 2016 was just over 42% which is a slight reduction from the 45% rate observed in 2014 this graph puts everything together and gives you the total percent of stops that resulted in a search for all of these racial and ethnic groups so consent and probable cause are the most frequent types of searches there are a couple of other types of searches that are now represented in this data except they occur at a far fewer amount so that would be things like protective frisk, a search incident to arrest and a search warrant those are the other three types of searches that are included in this data so what you see here is that it has remained relatively consistent not constant but consistent across this seven year period so the rate of search for black drivers in 2016 was higher than it was in two previous years but lower than it was in four of those years so roughly in the middle the purple line represents all groups put together and is the overall rate of search and that is roughly 5% so for all types of searches all groups put together roughly 5 out of every 100 driver stops results in some type of a search occurring I will point out here a couple of things that the rate of search for black drivers is higher than it is for other groups in 2016 searches with black drivers occurred at a rate 3.38 times higher than that of white drivers however the total number of searches reduced dramatically so as total stops have gone down so have total searches so total searches with black drivers in 2016 dropped almost 45% from 2015 to 2016 so a significant reduction even though the rate is still higher than for other groups this now represents the result of what those searches what kind of contraband and what kind of a hit resulted as a result of those searches so real quickly let me define for you what a hit is essentially it is a search in which any type of contraband is located that could be weapons, it could be alcohol it could be money, it could be stolen property it could be drugs so any type of contraband that is located as a result of a search is included in the hit rate even if what was found was not the original purpose for the search so what I mean by that is if there's probable cause to search for drugs and a gun was found that is still counted as a part of the hit rate because it's contraband so you'll see here that for all racial and ethnic groups there has been an increase in that hit rate especially over the last three years the overall hit rate in 2016 which is 34.61% is the highest that it's been over that seven year period so what that means is that the searches that are occurring are higher quality searches based upon probable cause so in summary traffic stops are down significantly over the last seven years the overall rate of search has remained relatively constant with a shift from consent towards probable cause searches that has also resulted in an overall increase in the hit rate for searches and that has steadily climbed over the last three years I think there'll be much and I'll turn it back over to the Chief for any questions Thank you Jason and I am available for any questions I know that was a lot of information and I want to apologize again for skipping over you that's my fault but I recognize Councilman Schuhl Councilman Davis, Councilman Rhys Councilman Johnson in that order Thank you Mr. Mayor Thank you Mr. Mayor Thank you Chief and I serve for the excellent report on the traffic stops I mean the thing about these quarterly reports is there's so much to think about and I really appreciate the level of data you provide including the not just the power point but the longer report it's very interesting you've commented on some of the rivalries which I appreciate I guess just to start with the body cameras I do appreciate that you want people to know that the cameras are on I'll again refer to the Rialto study which I continue to think is the best study which has cited the importance of people understanding that the camera was on that that's a key element in people responding well and so I hope that you all will have the protocol that will be able to work and officers will be accountable for that because I do think that's going to be important if the body cameras are going to get us what we want Yes, absolutely Um the so the the traffic stops I just wanted to say how significant I think this is we and we have focused a lot on this in the last couple of years as a city council Chief before you arrived we spent a lot of time Chief Marsh especially was very very involved in this we had the the veil of darkness study we've had so much work done around this and I think sometimes we made policy and sometimes when you make policy you worry that it's not there will be no results but this is a case where I feel that the policy and the implementation have both really worked and the this is a big change in 2011 there were 1500 total searches in 2016 680 total searches less than half of that number and the I think 44% drop in the searches of African Americans is very important and I just want to thank you and the department implementing that and doing it so well it's a big change thank you the on page 4 of the larger report it talks about one of the things that I noticed is the the drug violations are down I'm looking now not at the power point but at the first quarter report which in a minute will come up on my iPad I hope okay and you'll and this is now referring to the part 2 offenses and one of the things I noticed was drug violations in first quarter of 2015 292 in 16314 and 17 only 144 and this really stood out to me and I didn't so I was wondering if you could comment on that well some things seem to be a dilemma as we look at crime and crime trends sometimes we wonder why drugs in the area or drug offenses are going down we celebrated of course but we have been very focused more so on our violent crimes not to say that drug activity is not out there I think they're just more conventional ways of committing those types of crimes not so much in the open or the ability for officers to detect it takes more concerted more in-depth sort of behind the scenes efforts long-term investigations too in order to impact drug crimes these days I wonder if it also had something to do with either or both of the traffic stops being down and the perhaps the misdemeanor diversion program as well absolutely think that the misdemeanor diversion program when we think of the numbers of individuals with small amounts of marijuana who were at one time arrested but now moving into a diversion program I'm sure that does impact those numbers significantly and of course traffic stops being down traffic stops in the past is sort of casting a white net when you set up roadblocks or checkpoints of course traditionally that was a common practice for law enforcement around the country and there are times when you could make huge seizures and then there are times when small amounts of marijuana may have inconvenienced 50 other people in a traffic checkpoints so we're looking at more contemporary means of addressing crime problems using the manpower that we have in you know police and smart not hard I think that was a good decision thank you I also wanted to mention what you all already did but just notice again the number of applicants that we have for our police academy I was looking back at some of the other so a year ago it was 33 then second quarter 46 third quarter 63 fourth quarter 97 and this time 130 130 something 132 that's four times what it was a year ago and twice what it was six months ago and you know so it's gone up each quarter which is great um does it have the is the word out about the fact that our pay is higher in Durham now that you know these that we have these bonus opportunities and so forth and incentives and incentives yeah I think it's a combination of what has been provided to the police department by this body the incentives of course pay increases that always helped I think the recruitment unit step outside of the box after sitting down and really brainstorming with the command staff about you know how do we attract people not just to come to a police department but come to a city and thinking in terms of being more creative in our recruitment approach not just going after police officers but their families and selling the city as being a great place you know to raise a family so the holistic approach to recruiting I think is really important and also making a concertive effort to consider diversity in our recruiting to make sure that we're reaching all communities I've been surprised that in recent months many of our Durham natives have been in the numbers large numbers coming to our our physical agility exams in the mornings and I stopped through there it could be 40 sometimes 45 folks out there that are still interested in being in this career field it's great yeah it was really good to see those numbers really encouraging and also counter to the national trend and so I was just really pleased to see it you talk about procedural justice training the six hours I was really pleased that we've instituted procedural justice training and six hours enough it doesn't seem like a lot and so I'm wondering what are your thoughts about that well procedural justice training it's important but there are different components of procedural justice training the whole community police and block along with procedural justice de-escalation training along with it just you know the full gamut of what impacts the community and how do we change our image in the community across the country but the procedural justice training is not just a one-time hit it is training that we plan to continue and have different levels of advanced procedural justice training as a matter of fact today one of our instructors has been asked to be part of the department of justice national training team he has delivered procedural justice training in this area does a phenomenal job and we plan to continue to train the trainer so that we have more individuals but to your point we're really working with schedules and I talked about this before our schedules right now aren't what they need to be to get as much training as we would like to but that is changing quickly we are working on what our new training model will look like annually because for me training is core it is key to a successful organization and I mean we want to avoid training liability not giving our officers the tools that they need in order to do a good job so we'll be working on getting more hours in great thank you and then just lastly I just wanted to say how the there were several stories that you all had included in this report life-saving activities through crisis intervention just wanted to cite some of those officers Johnson and Ugolek I'm not sure how you pronounce that name officer Supernaw and Burke Straser officer Hunter Henderson Harris officer Duke officers Taylor and Creston all were involved in life-saving activities through crisis intervention and also just the courageous acts of officers Wernicke and Hollingsworth both were the descriptions of what they did to keep other people safe was quite remarkable thank you and so I just did want to cite them and appreciate all of them and then finally again just the I think the traffic stop change is very very significant for our community it's something that we worked on for a long time as a council and that you all worked on for a long time and it's great to see the policy and the implementation come together in that significant a change so thank you so much we plan to continue to capture that data so that we can periodically report on it and be able to gauge what our progress is thank you thank you Mr. Mayor Chief thank you so much for the information that you shared and thank you so much for all the good work that the men and women of the department do how would you answer the critics of policing who would say that the overall stops have been decreased but the probable cause reason for the stops have gone up significantly since we passed the consent search policies well the consent search policy is sort of a new concept even for me so when officers are confronted with how best to do their job and they know that there is a level of oversight what we're looking for is we're looking for quality stops the demographics of the stops they do make a difference but at the end of the day we're looking for quality stops that are meaningful that aren't targeted and by capturing this data it helps us to see what the trends are a probable cost and a petty stop is what I would like to be stopped on based on probable cause or anybody in this room would like to be considered that it's not a petty stop it's not I'm being picked on it's not that you're targeting my particular community and some of it it is perception that certain communities are being targeted however I don't have any empirical proof that but I do know that when we have policies in place that we can trust and hold our officers accountable and evaluate on a regular basis and capture this kind of data we'll be able to see trends so what I would say is that I hope that our community members will trust that we're moving in a direction that I think is procedurally just and we will continue to monitor this and provide that information as a means of transparency Thank you Mr. Mayor Chief Davis first of all I just want to say how remarkable it's been to have you in our community I rarely go to a community event where I don't either see you or find out you were there ahead of me and I'm going on to something else so I just want you to know how much of a difference that makes in the life of our city I can't tell you the number of folks that I have encountered who have talked about not only the extent of your personal involvement in our community but also the meaningful nature of that involvement how many conversations you've had with people about their concerns regarding the police department and with crime in our city and it just makes an incredible difference having you here with us and I just want to thank you for that I also wanted to agree with my colleague Council Member Shul that there are some incredible stories and I know that the department does good work in trying to get those stories out and let folks know the good work that the police department does I just want to thank you for making those efforts as well because I do think that makes a difference I wanted to talk a little bit about the numbers I know that we're all disappointed that the crime numbers have gone up compared to the first quarter of last year but I did want to know that the areas in which it's increased the most that I mean where the bulk of the numbers come from are with respect to crimes of robbery, larceny and motor vehicle theft and I know that those are areas where you have already invested a considerable amount of energy and resources trying to fight or combat those particular types of crimes so I think while it is a disappointment to see those increases I take comfort from the fact that this is something that you've been on the case for for many months you and I have talked about those particular numbers and I look forward to continue to work on those I did want to call out the homicide number specifically I know with numbers as small as homicides are at any given quarter that it's hard to sort of claim credit for a significant drop as that but I think it is remarkable that last year at this time we were in a considerably worse position than we are today and I just want to call that out as something worthy of note I also wanted to ask you really quick the numbers for crimes involving rape are up 35% over the last quarter then there was also an increase from 2015 to 2016 as well comparable number in percentage terms and I just wanted to mention that often when I see an increase like that it's not that I think more folks are out there committing the crime of rape but instead it gives me the sense that maybe something has changed in the way that these crimes are being investigated such that more victims of sexual assault are willing to come forward and willing to talk about the fact that they have been assaulted can you talk a little bit about anything that may have changed in the way that that's being investigated or those victims are involved with in the system that might help them be more forthcoming Yes, actually we talked about that earlier today and earlier during the week just to get an idea of the nature of those particular incidents and I found that the number of reported rates has increased although the majority of those cases were domestic violence cases or individuals that were associated with each other which sort of anytime you have a situation like that you're alarmed by it but I was just wanting to make sure and as we discussed that we didn't have some type of systemic kind of problem that was going on we have very good domestic violence investigators and when they respond they have all of the training to try to coach victims into participating and sometimes victims change their mind especially depending on their living situation but we have a crisis intervention folks and also a domestic violence team to actually try to work to get whatever type of information or evidence that we can when we see victims that might feel compelled not to report but that number was alarming to me initially but then after doing a deeper dive found out most of these were domestic violence sort of situations Thank you chief I just wanted two more issues I wanted to touch on you I felt didn't give yourself enough credit with respect to the response times on priority one calls for service for the first quarter you identified that the average response time was 6.08 minutes and that our target but I did want to call out that I pulled up your 2016 year end report and identified that for the year of 2016 the average response time was 6.3 minutes and this is something that I have been concerned about since I've been on the council is how we bring down that average response time you know that's the way that most folks interact with law enforcement is by calling 911 and asking and trying to get an officer to come help them and so that is really to me a measure of how well our city government is working how well we are providing that level of service and I really really appreciate the change that's happening the reduction that's happening in addition the number of calls that are responded to in less than 5 minutes the first quarter of 2017 was at 54% and I believe the first year 2016 number is 51% so again that's also increasing and I think that is worthy of praise as well I didn't want to let that you didn't took your own horn quite enough in that presentation and I wanted to give you a little heads up that I thought that was fantastic the other thing I just briefly on the issue of the traffic searches I just want to share council member Shoules praise for the department and the hard work that you're doing to make sure that more of these searches are bolstered by probable cause I think one of the things as a former prosecutor I understand that many of the cases that were previously handled many of the searches that were previously handled as consent searches were probably also had an element of probable cause to them and the consent search especially verbal consent search is much easier for patrol officer to engage in with a member of the public that they stop and so putting in the requirement for a written consent search was always going to see some level of increased probable cause searches just because some of those searches used to be handled as consent searches but I will say that one of the things that I am most heartened by is the productivity of those searches that you're doing and the fact that the number of traffic stops and searches are down I think that shows just what just what Mr. Scheiss she says is that the searches are because those searches are now more likely to be bolstered by probable cause if you have a reason to suspect the contraband is there I would hope that those searches would be more productive than a straight consent search and I think that is the percentage of all searches that our consent searches goes down and the more probable cause searches as a percentage of all searches the more probable cause it's right that we should see more hits for contraband and so I just think that shows again the work that this council has done over the last three years long before I joined the council to really listen to the community's concerns about this type of practice and to really incorporate that into the day to day practice of our law enforcement officers and as a member of the council who's been concerned about this issue for many years I take that as very very positive both for the types of searches that we're doing but also for the relationship between the people of the city and our police department restoring that relationship of trust and confidence has been one of my top priorities since I've been here and I know it has been yours as well and I just appreciate all the work that's gone into that so thank you so much thank you you're good, I recognize Councilman Johnson thank you thank you Mr. Mayor thank you Chief Davis I just wanted to ask you a little bit more about the body cameras and how you all are using the footage if you could just talk a little bit more about how that's going well we are in the process of standing up to the unit and in order to stand up that unit we already have a couple of folks that are assigned to the unit the work that is required to run the program is laborious to say the least to download 20,000 videos we have to also establish a means of auditing just to check to see whether or not officers are turning on their cameras when they're supposed to turn them on whether we identify something in footage even though it's not associated with any type of incident the audit will help us to identify times when there's some concerns that might need to be addressed as of right now we're utilizing the footage to help the officers with their reports as well say for instance traffic accidents and things of that nature and also our internal affairs investigations when there is a complaint against an officer so that the internal affairs investigators can look at the footage to see whatever happened on the scene or what the officer said happened on the scene is aligned with what happens on footage I hope that helped answer yes that's great thank you so I can't remember the specifics of the new body camera law but I know that you are required to sign off on any I'm not sure if it's viewing or just release but I'm wondering if anyone has come and asked to see footage that they were a part of if you've handled any of those requests yet it's still so new I don't think so not yet not saying that that won't happen but not yet now of course we've allowed body camera footage to be seen by individuals who are a part of that particular investigation but outside of that I don't think we've had any requests okay thank you and I just had one question about the searches if you find a gun in a vehicle is if it's legally in the vehicle is that excluded from the hit rate if it's a yeah that's excluded because if it's a legally owned weapon it's not considered as contraband and also the money I wasn't sure if there's like at what point is money contraband if it's associated with drug activity or if it's hit on by one of our canines it's associated with drug activity other than that money is put into property as property not evidence but just property so if you find money but not drugs then it's not it's not confiscated it's not confiscated as evidence okay thank you good evening chief and thanks again for leaving councilwoman shepherd behind in Atlanta coming here first of all I just want to appreciate to show appreciation for your work and your visibility in the community I'm really heartened by Captain Edwards initiative in Magdougal Terrace is well received by the residents and I think I went out on the during the week of vacation spring vacation so the kids and everybody was there it was just a wonderful event I appreciate and trust your expertise you're really doing an outstanding job and Mr. Bondfield certainly made the right decision I'm not trying to make you yeah I'll help you yeah but thank you so much for all that you're doing your focus on the youth and holding everybody accountable including us thank you thank you can I say something I just want to to say that this today is my 11th month here it doesn't seem like it's been almost a year but this is my 11th I know but during that time I have had to lean on these guys heavily and we've had some long discussions some hard work and I cannot take credit for some of the work that has been done in Durham Police Department without my executive team they'll ask for any kind of recognition or anything like that but they were long hours and over time trying to make sure the officers are complying and doing the things and following along with the various general orders and the changes and the organizational change so I just wanted to take an opportunity to publicly thank them for the work that they do every day Chief I had my compliments heard tonight in terms of your leadership and your team I just wish that somehow the audience that we had earlier had been around to hear this report and I don't know if they would have heard or listened to it or not but I think it's quite a contrast in terms of some of the things I heard earlier this evening versus what I'm hearing now relative to what this Police Department is doing continue to do to try to protect this community and still make itself well acquainted to the residents of this community I want to ask a little bit about the hits that you did during your traffic stops and you define hits with money, contraband, guns and etc. Have you broken any of that down in terms of the searches and whether or not how many of them have resulted in weapons do you have that level of detail from the search data I don't know well let me tell you where I'm going with that I'll say this to my colleagues when we had the meeting at our violent round table reduction meeting I kept focusing on the year 2013 which was a year where the level of nonviolent crime in this community was almost at a low level and I looked at it from 2013 up until where we are now and it's been pretty much in a constant rise but when you break down violent crime in terms of violent crime with weapons and violent crime with no weapons the violent crime with no weapons has been pretty steady but when you look at violent crime with weapons it's almost been a hundred percent increase and activity just happened I was asking the chief why was there such a rise in violent crime and she said guns and I hadn't really looked at it as much as I've been looking at that data I hadn't really looked at how much of an entries we've had with violent crime with weapons in this community so my question again in terms of the hits I was trying to see if there was any correlation between the stops that you've made that were part of the stops over the years and if there's any correlation at all and you don't have it I'm going to ask you now but I'd just be interested in seeing the stops that you had how much you had we have started capturing data not necessarily from the traffic stops we started capturing data on crimes committed with a firearm and even those crimes where there wasn't a victim that was actually shot the number of crimes committed with firearms whether drive by shootings or whether aggravated assaults or whatever the case might be has increased exponentially just as we have started capturing those numbers but what is also glaring is even today as we talk about the watch commander's reports and looking at those watch commander reports the officers that are getting guns off the street by far most of them are stolen weapons that scenario plays out over and over and over again it's almost like you don't even have to run the weapon you just know it's another stolen weapon so there are more guns on the street and I do think that that has a lot to do with the increase in violent crime and I'm not trying to get away with what you've done about stops I mean I was one of the advocates for a written search after the human relations commission came out with it but I still like to know if there is any correlation with the fact that we don't have as many stops now are we seeing less guns in those stops versus what we had in the past when we had more stops and we were capturing more guns when that was happening and we might be able to capture that data we have a report so I'm pretty sure we might be able to capture that data at least so that we can do a comparison there's just too many guns on the street I mean yes that's the bottom line and most of them if you said are probably illegal and you've been stolen or whatever you've got are the other comments or questions of the chief or staff recognize the mayor pro-tenor how often do we get requests do you get requests from neighborhoods do traffic stops in the particular areas do you all get a lot of requests from the community okay and so when that happens when you get the request you have to go out there are opposing forces going on there we have to find ways to address whatever the issue is sometimes it's not so traffic stops sometimes we do speed types of details especially if someone calls and says we have traffic issues in our community it may not necessarily need to be a checkpoint it might need to be that we're running radar so sometimes we come up with whatever means of dealing with the crime issue as opposed to allowing community members to say this is going to fix the problem at that point right here thank you no further questions chief again thank you sorry for command staff thank you let me ask this question again is the thing that's coming for the council that the mayor missed if not meetings adjourn at 9 24 p.m. thank you