 Good evening. We'd like to call the Durham City Council meeting to order Monday at 7.01 p.m. Monday the 19th of September and certainly want to welcome all of you like feel for us this evening. We just take a moment for solid meditation, please. Thank you. I recognize Councilman Davis. Madam Clerk, could you call the roll please? Mayor Bell. President. Mayor Pro Tem Cole McFadden. Councilmember Davis. Councilmember Johnson. Councilmember Moffitt. Councilmember Reese. And Councilmember Shul. We have three proclamations that we'd like to present this evening. The first is Constitution Week and Constitution Citizen Day Proclamation. And that's Ms. Linda Hester. Join me please. President General Davis here. Where is our founding fathers in order to secure the blessings of liberty for themselves and their posterity. Diller Dane established the Constitution for the United States of America. Where is that the culmination of months of deliberation, debate, and compromise on September 17th 1787. The Constitution of the United States of America was signed in Philadelphia Pennsylvania. Where September 17th 2016 marks the 229th anniversary of the signing of the Constitution of the United States of America by the Constitutional Convention. Where as through all these changes over the years the Constitution's foundation has endured and adapted remains the supreme law of our land. Where as Constitution Day and Citizenship Day celebrated on September 17th each year during the celebration of Constitution Week, September 17th through September 23rd. Where as the adoption of the Constitution and the independence guaranteed to American citizens whether by birth or by naturalization should be celebrated by appropriate ceremonies and activities during Constitution Week. Now therefore, I, William B. Bilbell, Mayor of the State of Durham, North Carolina do have our proclaiming September 17th through September 23rd 2016. As Constitution Week and September 17th 2016 as Constitution Day and Citizenship Day in Durham encouraged and called upon the residents of Durham to observe this day bringing together government, civic, social, and educational leaders to conduct ceremonies and programs that bring together community members to reflect on the importance of active citizenship. Recognize the endurance strengths of our Constitution and reaffirm our commitment to the rights and obligations of Citizenship in this great nation. With my hand, Corporate of the City of Durham, this is the 19th of September and I know we said September 17th but it's still good we're doing it in the 19th, right? Okay, so I'm going to present this to you for any comments you may have. Thank you. We, the, of the General Daily Chapter of the Daughters of the American Revolution would like to wish you a very hearty Constitution Week Constitution Day was on the 17th. We celebrated it here downtown Durham and Center Fest by ringing our bells at four o'clock p.m. which is when the Constitution was actually signed. It was a wonderful celebration. We will be celebrating all week because it was signed into law that September the 17th through the 23rd, so we're good, was going to be designated as Constitution Week. We will be going into schools and we will be having various activities with kindergartens up to fifth graders and our wonderful partners in high schools. So thank you for allowing us to come and again happy Constitution Week. It's dangerous to offer the microphone to me. I always like to say thank you so much. My name is Fran Ferrell and I have been coming here for years getting the proclamation but I always want to encourage everyone to actually read the Constitution or try to learn something in detail about it that you may not have known just the details. So I just wanted to share one little thing with you that may be a little bit new because we all hear lots of people saying we're going to just change that amendment. That just needs to be changed. I can change that. Well okay that's a great idea. This is what it takes to have an amendment to remove one or to put one in. It's under the fifth article of the Constitution. Two-thirds of both houses have to agree on the amendment to propose it. Once it is proposed it must be ratified by three-fourths of all the states and that's not just one person changing or making an amendment. That answers why the first ten amendments were done at the time the Constitution was written and here's your first test question. It is called the Bill of Rights. You need that right and since that time in 229 years only 17 more amendments have been added. So that was for your edification. Have a happy Constitution Week. Patricia. The next proclamation recognizes the Durham Literacy Day proclamation presented to Ike Thomas with Ike President Board of Directors Gail Faulkner Hudson past President of the Board of Directors and Lizzie Perlon the Executive Director. Where is the Durham Literacy Center of Durham North Carolina was founded 30 years ago by concerned residents of Durham who believe strongly that the ability to communicate verbally and to read and write were basic human rights. Where's the Durham Literacy Center was established to provide basic English literacy services to Durham adults, immigrants and out-of-school youth who desired to improve their literacy skills. Where's the Durham Literacy Center since 1985 has served over 16,000 Durham residents and trained over 2,500 volunteer tutors and where's the Durham Literacy Center through a universal call for social justice and understanding between people of different cultures and nationalities has stressed that we care for our neighbors. Where's the DLC exemplifies the American dream and the citizens that citizens can bring positive change and solve problems communally when we work together. Where's the DLC helps adults and out-of-school youth to gain their reading and writing skills, English language skills, computer skills, educational credentials and job readiness skills that are needed to achieve economic security, stable housing, food security, adequate health care and generally well-being. Where's the DLC has been an integral part of this community for three decades, resulting in millions of dollars of interest income, increased tax revenue and more productive community. Where's the Durham Literacy Center will continue to serve as a leader in literacy in North Carolina for years to come. Now therefore, I will enable the city of Durham North Carolina to lip our proclaiming September 29th, 2016 as Durham Literacy Day and Durham and encourage all residents to celebrate the profound impact of volunteerism and literacy that empowers residents to achieve their potential while making a difference in lives, families and neighborhoods and witness my hand in the court facility of Durham today the 19th of September and I'm going to present this to who am I going to present it to? I'll find it to the director. Thank you Mayor Bell and thank you city council members for proclaiming this day Durham Literacy, well September 29th Durham Literacy Day and the reason we chose that day is because we are having a large celebration at our organization and all are invited as we unveil a new mural that we had made on the outside of our building and it is a pleasure to serve the community of Durham and I believe all of us here will know that literacy is a basic human right and we appreciate the support of the community and our volunteers. Thank you so much. I'll make sure I have one. We're taking pictures. Brian Haynes, as you probably recall we've had a new honor that we are presenting to citizens of the city of North Carolina, Durham, North Carolina. It's called the Neighborhood Spotlight and I recognize those individuals who have been esteemed to have done certain services in the community. Brian is one of the persons that we are representing tonight. He's a recipient of Neighborhood Spotlight for the month of August 2016. The Neighborhood Spotlight was initiated again to recognize community members that have gone above and beyond while volunteering their time to serve their communities. This month Brian was nominated and selected because of the wonderful work he has done in the Birchwood Heights neighborhood including but not limited to maintaining the community garden and sharing fresh vegetables door to door. That's nice with neighbors. Volunteering his time and resources to build a temporary path and bridge over the creek when the old bridge broke and his overall support of the Birchwood Heights community. Again on behalf of Durham City Council and certainly your fellow residents we want to congratulate Brian for this recognition as being the Neighborhood Spotlight winner for August 2016. And the award reads this certificate is awarded to Brian Haynes in recognition of valuable contributions to the Birchwood Heights community, volunteering with the community garden and sharing vegetables door to door community members building a temporary path and bridge over the creek for neighborhood residents after the older bridge fell overall support of the community center in the Birchwood Heights neighborhood and it's signed by the city manager Tom Bonfield and myself. And this is a neighborhood improvement services so why don't come up and everybody get in the picture. And some residents are here too Mr. Mayor. Oh was that right? Residents in Birchwood Heights. Can all the residents stand and maybe we can get a big picture on the whole group there. Well why don't you introduce your family then we go down in the circle. Well this is my father Whit Haynes and Linda Haynes my mother. I'm Brian Haynes of course uh thanks for this award and uh all of this it's overwhelming. I was just happy to have those things done. That's why this is just a nice bonus. This is Lisa the president of our home ownership center. So can we do this here? Okay well let me get it. I want you to get the middle of it. That works. Thank you. Thank you. Thank you. Mr. Mayor while the while the folks are leaving I just wanted to say real quick how much I appreciated the Constitution Week booths that were at the center fest this weekend and the period dress was really neat. They had quotes from the Founding Fathers in tweet form that you could pull out of their hands to have little statues, little corporate statues. I know that's something that Thomas Jefferson would have appreciated because he was always very pithy and Alexander Hamilton would have hated because he was very long winded. I will make one complaint which is that I did not appreciate how you had Thomas Jefferson standing up very importantly and Alexander Hamilton kind of squatting at his feet. I know Hamilton was was rolling in his grave if he knew that what had happened so we'll talk about that maybe for next year. Thank you so much. It was great. Let me ask of their announcements by members of the council. I recognize Councilman Reece and Councilman Davis and the Mayor Pro Tem. Thank you Mr. Mayor. As you know it is my practice periodically to highlight the performance of our city employees who go above and beyond the call of duty. Today I wanted to talk just very briefly about a visit that I made out to the home of the Durham resident who has been having some pretty bad stormwater problems and flooding in his basement over the last couple of years. Most recently we had some really heavy rains earlier this year as you may recall that caused some problems and this resident had been working with our stormwater engineers for quite some time and had gotten a little bit frustrated not so much at the engineers but at the whether or not the city was at fault and what the issues were etc. And so he asked that not only that the stormwater engineers come to his house which I believe they had mostly worked over the phone and over email at that point but also a member of the city manager's office and if possible a member of the city council accompany the engineers at this meeting at his home. And our deputy city manager Beau Ferguson went along that trip and I held off until about Thursday afternoon. I didn't see any of my colleagues step into the breach and so I volunteered to accompany our staff down there. I won't go into the specifics of the concern that the resident raised but what I will say is this is that I was incredibly impressed by the two stormwater engineers who went with us to the home. They talked to this resident in clear non jargonese language really explained the situation to him in a way that anybody could understand gave him some really great advice about different technology he might install on his home helped him or talked to him about the process he had already undergone to apply for flood insurance. And I was impressed not only by them and also by our deputy city manager Beau Ferguson he and I talked about this later and what he told me was you know people in the city when they get frustrated with with the city with our staff often all they want to do is have someone who will listen to what they have to say and speak to them like people and our staff really rose to that standard that day. So I just wanted to thank our deputy city manager Beau Ferguson as well as two of our great stormwater engineers Graham Summerson and Dana Horn call. They really prove that our city staff is some of the best in the country. So thank you. Starley recognize Councilman Davis. Thank you Mr. Mayor. I too want to sing the praises of some people. Last Saturday we had a housing resource fair at the Holton Center and there was it was a combination of people who have worked with the housing task force of transformation in 10 and Matt Pro Tem and I chaired that task force but they worked also and did a lot of planning with people from that community as well as volunteers from several places but I really want to single out Jacob Lerner who's on our staff who did a great deal of the legwork to try to bring people together to do some wonderful planning and to execute that program on last Saturday which ended up being a good time for people people who want to be homeowners to learn more about mortgages about preparing for home ownership repairing their credit and being able to go through the long-range process of going from renters to homeowners. So I want to thank Jacob particularly. I want to thank Steve Hopkins who is one of the co-facilitators for pack one and they worked real closely with the task force to try to bring about that event that took place and I'd like to thank Constance Stansel and other members of the neighborhood improvement services for the great work that they did to help us to bring about that program and also the staff at Holton. So thank you for a good event and we look forward to the next opportunity to help people to become homeowners. Thank you. Thank you Dave and Eddie didn't mention he was out there doing the Zoom but they had a DJ there and Eddie was in line doing something. But I thought it was a great turn. During the time I was there I was really impressed with the persons and attendants and the people who volunteered for the information. I recognize Mayor Pro Temp. Yes I had the opportunity on Friday to work very hard not hard. It was a delightful day. I attended veterans stand down and reminded them that the city will honor veterans day as a holiday and so many of them did not know that so I challenged the Durham County to do the same. I don't know if that was in order or out of order but I did it anyway and then congratulations to the inspections department for their pig picking. The food was delicious and the proceeds are for the seven stars campaign. Then I went to the Kip ribbon cutting. It is a college prep school now occupying the old Holloway street building and that was really a hardwarming event as well and right after that I went to 1206 Alma Street to see this family get into their habitat for housing home and that was hardwarming. Then I left and went to Duke University for the sickle cell workshop and I hope that people understand that there is still no cure for that disease and the only way that we will find a cure is that our elected officials who have the power to do so will allocate more funding for research for it but it was a hardwarming day a tiresome day but I survived it. Thank you. Thank you. I recognize Councilman Mark. Thank you. Excuse me. I have two things. One I wanted to just add a little bit about habitat. Steve and I were both there as well and I think one of the things that I really appreciated about that particular home is it's being built by Durham United which are the employees of the city and the county and I think that's a fabulous thing. The other thing I had a neighbor stop me they had a medical emergency firefighters from station two responded and this man who's a professional just said I hope that I do my job half as well as they do. They just were very complimentary of station two. Any comments? During our next meeting which is October 3rd I hope that we will so schedule it so that we will not be here very long because that is a national holiday my birthday. Let me recognize the people who applauded me on that. They're from Jesus Church right? Stand up. They are trying to redevelop the area where their church is and they the Saturday come and just join us tonight. Thank you for being here. Okay. Any other comments? This is a good weekend for our centerfest also. Looks like they did a super job. Recognize the city manager for our times. Thank you Mr. Mayor. Good evening everyone. I've got a few priority items and then after council acts on them I'd like just brief a few moments for a few other comments. The agenda has already been modified but the following public hearing items were deferred to the October 17th 2016 city council meeting. Originally that was agenda item number 11 comprehensive plan amendment for South Point Trails 2. Gender item number 12 zoning map change South Point Trails 2. Gender item number 14 consolidated annexation Copley Farm. Gender item number 15 consolidated annexation Ellis Road Commercial. Gender item number 16 consolidated annexation 742 to Abron Drive. And agenda item number 17 2015 Durham comprehensive plan evaluation and assessment report. It's been probably moving second Madam Clerk. Will you open the vote? Open the vote. All those voted against it. Close the vote. Do you have it? Okay. That passes 7-0. Thank you Mr. Mayor. The last council meeting council member Moffitt asked if I could at the beginning of this meeting give a brief report on some training that the staff has recently completed in late August and early September. All of the leadership team of the city and all of the department directors in conjunction with the Durham County leadership completed phase one training of racial equity phase one training. This training was conducted by the Racial Equity Institute out of Greensboro. This was each of the the workshops was a extensive two-day training session and I can say that we've had quite a bit of conversation about the sessions since we participated and it has generated quite a bit of conversation amongst leadership in the organization. We hope by the end of the year to continue this training so that all of the assistant department directors and other departmental senior leadership at that level can participate in the phase one training. We also anticipate and hope that we will complete the phase one what they call phase one debriefing in phase two training as a part of the various components of that training. And I really would just say at this point even though it's fairly early in our thinking and talking about this that clearly the awareness the heightened awareness right off the bat has been something that has been very beneficial in and of itself but as an organization we are committed to more than just the awareness and the responses and the changes that might take place as a result of that awareness but we are going to begin exploring what systems or what evaluation of systems that we need to make and take as it relates to our internal organization and then as well some of our external processes and systems as well as a result of the training. So we're very appreciative of certainly the council's support and encouragement of our participation and look forward to continuing to respond and report back to you in small and maybe large ways about what impact it's had on us as individuals as well as our organization. Thank you. Thank you for that report. I recognize the city attorney for any prior times. Thank you Mr. Mayor. No priority items and likewise city clerk. Thank you mayor. No items. Thank you. We're perceived with the agenda first part of the agenda is concerned agenda which may be approved for the single vote if a council member pulls an item or someone from the public pulls an item we discuss it later in the agenda. Item two is the approval of city council minutes. Item four is recreation advisory commission appointment. Item six is a contract for professional engineering services for the you know river outfall and lift station analysis and upgrade. Item seven is a contract SW dash 49C dash RFQ for consultant project manager. Item eight is contract amendment for south SW dash 24 ATT for as built drawings. Item 18 is an item that can be found on the general business agenda as a public hearing. It's been a proper move. Madam clerk we open the vote and close the vote. The consent agenda passes seven zero. Thank you. Move to item 18. Mr. Mayor can I speak please? Is Frank White in the chamber tonight? Okay. Just want to make a move through the public hearings. General and business agenda public hearings. Item 18 proposed economic development incentive agreement between the city of Durham and all my group incorporated. Good evening Mr. Mayor, members of council, Mr. Manager Darrell Solomon office of economic workforce development. This evening I have a very brief presentation on a proposed agreement for job creation incentives between the city of Durham and ALMAC group incorporated. We do have someone from ALMAC here, Donna Christopher as well. A little bit about the company to begin. ALMAC provides contract development and manufacturing services to companies within the pharmaceutical and biotech sectors. Their global headquarters is located in Craig of on UK with their US headquarters in southern Pennsylvania and Singapore is their Asian headquarters. Currently the company employs approximately 289 individuals in Durham and globally 4500. They've been located in Durham since the mid 1990s and they've experienced growth since. So this is an existing company that we're looking to retain in this area. A little bit about the project. Again this is an existing company and they are located over off of technology drive near the Lowe's home improvement and off of Rocksboro road in Ben Franklin area. They are looking to expand their three main functions here at their Durham location clinical services diagnostics and clinical technologies. The company anticipates 102 jobs created over a five year span. This incentive agreement if it's past would be 77 jobs within three years of council approval. Capital investment which is not being incentivized but which is required in order for payment would be 6.1 million over the five year period and then just over five million within three years of council approval. And then the average wage for these positions is seventy thousand three hundred with full benefits. The financing the proposed offer is up to a thousand dollars per job again for 77 jobs for a total not to exceed seventy seven thousand and we would pay that in one lump sum. And then all jobs must be created in order for the company to receive the full amount of 77 thousand. There is no proration. The conditions again the creation of 77 jobs within three years of council approval. The completion of a minimum of five million one hundred seventy nine thousand of capital investment within three years of council approval. They are dedicated to using the NC Works career center as a source for recruiting and then also inclusion of a Durham based business plan to encourage the usage of local contractors. And then incentive incentive is necessarily the company has indicated that if this is not incentivized here then they do have options elsewhere primarily at their U.S. headquarters and then the state of North Carolina is also proposing an incentive requiring a one to one local match. So they would chip in the seventy seven thousand in addition. And then why this makes sense for Durham taxpayers. There are seventy seven high paying jobs within the growing industry. There is a potential for continued growth in Durham if the company were to stay here. And then recruitment of a great corporate citizen again they are wanting to hire local through usage of the NC Works career center. And then we would be talking with them as well to support the Durham youth work internship program is basically the presentation at this time. Well thank you this is a public hearing I would ask first of their questions by members of the council recognize the mayor pro tem. Thank you first of all for answering the questions that we raised earlier. But of the 18 jobs requiring only a high school degree they are are they full time positions. They are full time so they are eligible. Okay all the employees and they would have been a fit as well. Yes. Okay. So the second chance employee employers. I would assume it depends on the it would depend on the position and the background. Okay. Thank you. Other other questions by members of the council. If not I recognize Ted Connor and Steve Hopkins. Ted. You have three minutes initially. Three minutes. Thank you mayor. Mayor mayor pro tem members of the Durham city council. Good evening. I'm Ted Connor. That was a fast three minutes. I think it was Steve reset that for me. Anyway I'm Ted Connor with the Durham Chamber of Commerce and I always like to start off by saying what's its context to economic development in this project. And one of the things I like to say a key to successful economic development is working to attract and develop job opportunities for a broad range of a community's residents. In this case the Durham Chamber is particularly sensitive to the wishes of Durham's elected bodies both the city council and the board of county commissioners. To the needs of the community to the job needs of the community to it. And our goal is really to attract career opportunities that are really oriented towards our all of our residents those with college degree and those without a college degree it's important we provide that broad range of job opportunities. And tonight we are blessed and honored to have the opportunity to support Almex expansion here in Durham that will create that broad range of jobs supportive of Durham's job creation desires. And it is nice to see this potential expansion take place in northern Durham still within the city limits still within the urban core but not out in RTP and it's it's just great to see this site which is also served by go Durham that will be very accessible to all of Durham's residents. And in preparation for many of the jobs being created this we can we can accomplish preparing our residents through completing a training program called Biowork which you've probably heard about which is provided by Durham Technical Community College. Biowork is a course residents can take to prepare them for a career path of life sciences work could be logistics R&D manufacturing. Durham Tech also offer offers other courses to students to gain additional job skills to enhance their career opportunities and their career path. And joining us tonight is Beth Payne who is the Dean for the college's corporate education certification and customized training programs. So she is the one that I rely upon to provide this training and education for our residents and to help Durham residents gain the needed education and training the college has allocated the Durham some of the Durham County sales and use tax revenue it receives to a program called Durham Connect which provides funding support for Durham residents who are Durham public schools graduates and allows them to take courses at the institution it could be a college prep course it could be any type of prep or a certification program but allows the students to have the opportunity to learn what they need for career opportunities and allow them to have a career path enhancement and also prepares them for jobs such as the wonderful jobs created at ALMAC and I just am really excited to witness ALMAC's growth and expansion here in Durham it will be a contributor to our current and future economy strong supporter of our life sciences cluster here in Durham and I thank you for your support tonight thank you recognize Steve Hopkins Steve you have three minutes thank you uh good evening everybody my name is Steve Hopkins I live at 609 East Main Street and I would love to support this uh contract the only concerns that I have and PAC one has if uh how many get I know you say it's going to create 77 new jobs but how many of them are going to be actually Durham residents you know and to our clarification are you willing to hire extra fenders because we do have a going extra fenders population and we need to find jobs for them too or they're going to be back doing our reaping habitat in our neighborhoods uh so those are the concerns that we have thank you thank you let me ask are there other members of the public who would like to speak on this item this being a public hearing that director fleck didn't know anyone else asked to speak I would declare a public hearing to be closed matters back before the council recognize councilman shul thank you mr mayor I was first of all I was just glad to hear that Beth Payne is a dean that was new to me but that's great Beth um I know you're a great dean Darrell uh thank you for for presenting this and it's been great uh and now that since Kevin's gone you I know you've had some new you and Grace and others have new responsibilities in this area but I really appreciate your stepping up to the plate um Steve asked two questions one I think you answered in terms of the second chance employment but uh could you describe the answer his other question concerning Durham employees opportunities to get these jobs thank you very much yes I mean as far as the the opportunities for Durham residents as Ted Conner with the chamber mentioned there is a a swath of different types of opportunities um 18 of them will be um positions that do not require a college degree the others will so there will be opportunities that provide full-time benefits um and they will be using the NC works career center will be working with Donna Christopher to get the HR contact so that we can meet with in our team from NC works career center can meet with them so that we can get every job posted and um and these 77 are the only the ones that would be incentivized they would also have other opportunities that probably are not included but then that down the road as well thank you very much thank you mr mayor any other questions comments recognize councilwoman johnson and moffitt thank you mr mayor um I just wanted to say that I have um been in conversation with the city attorney's office and with other folks on council about whether we could require local hiring for some of our jobs incentives agreement so that is something that the city is looking into guaranteeing that a certain number of those jobs um would be available to Durham residents and I hope to have um more information about that as we move forward the manager and I were in Charlotte this past week uh financial infusion conference but if I recall Tom the deputy city manager wants to sell them said something about them having some type of requirements relative to number so that's another place we might be able to look at at that thank you recognize council moffitt yeah the um language that you used just caught my ear and I'm curious about it was that they have to create 77 jobs what does it technically mean to create a job and they create it and then they have to retain it for at least one year great thank you just briefly thank you mr mayor I want to thank you I want to respond to mr hopkins just briefly just follow up a little bit on what councilmember johnson said um unfortunately um based on what I know and based on what the city attorney has told us there are some constitutional prohibitions to creating a flat requirement um that a certain number of new new jobs created by um throughout an economic incentive program be a designated for Durham residents but what we can do and what I think we we what I hope we will do uh in the weeks and months ahead is craft a policy that will permit us to add an additional incentive uh for economic developers who want to come in and bring their businesses here that here is the incentive package that you get it's comparable to what you're going to see um in other places we also have other great things about Durham that we think will push us over the top but in addition if you create a new job and it is filled by a resident of Durham uh for that 12 month period as you mentioned uh that there would be an additional incremental incentive on top of that uh and I think that gets us around some of the constitutional legal issues around requiring um some kind of a portion of new jobs created be allocated to Durham residents and still gets us down there where we want to be so I just want to explain that thank you thank you are there other recognize the mayor pro tem and Daryl I just like to thank you for working with this employer uh and thank you for choosing to be in the great city of Durham the best city in north carolina thank you very much and I move that I move you have to close it's closed okay I move the item then it's been properly moved in second madam clerk will you open the vote close the vote the motion passes seven zero thank you are there other items to come before the council if not we're adjourn at seven forty five p.m. thank you