Good evening. We'd like to call the Durham City Council meeting to order Monday September 16th at 7 or 2 p.m. And certainly want to welcome all of you there here with us this evening if we could just take a moment of silent meditation and I would request if you could to remember those that were victims in the shooting at the Navy Yard in Washington, DC this evening Thank you. I asked Councilman Brown if he would leave us in the pledge Madam clerk, can you call the roll, please? Mayor Bill, President Mayor Pro Tem Cole McFadden Councilmember Brown Councilmember Cattady Councilmember Moffitt and Councilmember Shull Good evening. We have several Proclamations that we would like to Issue and read this evening the first It's reference to employee older workers week proclamation As Miss Carol Diggs the senior employment coordinator for Durham Center the senior life that she's present You mind joining us? I was listening to 90.7 WNCU HFM today in South Carolina having a party down to senior center Where's the skill and experience work for us of over 52,000 older workers in Durham Chapel Hill, North Carolina Contribute to a strong diverse workforce Where's the city of Durham respects the contributions knowledge experience and skills of older workers Whereas 41% of old Americans aged 55 and older will make up 21% of the US labor force by 2014 Where city of Durham encourages employers to tap into the talent and resources of our growing population and workforce Now, therefore, I will be billed the mayor of the city of Durham, North Carolina Do you have our proclaims up to the 22nd through September 28th 2013 as Employee older workers week in Durham. You have our urge all citizens to take special note of this observance What's my hand corporate still the city of Durham, North Carolina? This is the 16th day of September 2013 We'd like to present this to you for any comments On behalf of the Durham Center for senior life We would just like to say thank you so much the city of Durham and Our wonderful mayor we thank you very much And we also have one of our older workers here today who has been nominated for the award. Ms. Barbara all good. Thank you I'm serious. It's not like you were really having a good time at the center today Things going on in Durham the next is to recognize disability employment awareness month proclamation And that's Rhonda Parker and Sarah Hogan Recreation manager and director parks and wrecks they would join me Proclamation speaks to the fact that the month of October has been designated about a United States Congress as national disability employment awareness month Whereas Americans with disability act of 1990 and the Washington law against discrimination promote independence empowerment and quality of life Whereas workplaces welcoming of the talents of all people Including people with disabilities are a critical part of our efforts to build an inclusive community and strong economy And whereas we consistently work To break down barriers and work together to ensure that people with disabilities can participate fully in the work workplace And all aspects of community life Whereas we must continue to work for a community where all individuals are respective of who they are Celebrate it for their abilities and encourage to realize their full potential and achieve their dreams Whereas Durham parks and recreation and nearly a dozen community partners will host unity in the community day on Saturday, October 7th 2013 from 11 a.m. To 2 p.m. At the Holton career and resource center and celebration of national disability employment awareness month Now therefore I will develop their own mayor the seat of Durham, North Carolina Do everybody claim October? 2013 as disability employment awareness month in Durham You have our results citizens to take special note of this observance by joining together and reaffirming our determination To achieve a society that force independence justice and dignity for all which my hand the corporate city of Durham, North Carolina This is the 16th day of September 2013 like present this to Thank You mayor bell mayor pro temp City council city manager city attorney and colleagues and residents of the city of Durham We appreciate this recognition tonight And I'd like to introduce you to Sarah Hogan the manager over special programs and mature adult programs And also we have Marge Clemens who is the chair of the mayor's committee on four persons with disabilities Thank you again. My name is Sarah Hogan. I'm a recreation manager with the city of Durham Parks and Recreation Apartment and certainly a pleasure to be with you this evening Proud to work in a city that embraces diversity and welcomes all values all as part of the fabric of the community It's my pleasure to share briefly some things that parks and recreation is working on as always We're working with our general services department to ensure that all of our facilities are accessible And one of the things we've done in the last year is try to identify That we have one of each type of facility a ballpark a dog park Fishing pier boating area that we have at least one of those within the city and are working to increase those as we have funding and resources to do so also working to ensure that our staff and our public are aware the accessibility within our department in our programming and Sharing information with others as we get an opportunity Working with our marketing department or public affairs staff to increase the message that all persons are welcome Especially those persons who have different disabilities Just a few pieces of information I wanted to share while I had the opportunity this summer the summer of 2013 our camps have included 86 youth and teens who had disabilities in our traditional summer camp programming in addition to serving Approximately 59 youth in specialized recreation opportunities So we've certainly expanded our opportunities with youth and continue to also work on expending those opportunities for adults This year we're offering adapted programming Which in many cases will lead to traditional opportunities for folks who have different disabilities Those include adapted aquatics moving into additional swim programs Adapted fishing opportunities that will lead to other community opportunities for folks who enjoy fishing Our survey as we evaluate programming At the end of each program We survey our citizens to find out what they liked and how things work and one of the questions We added this year is if you have a special need which requires an accommodation Was an accommodation provided and so we've asked that question to you know hundreds of folks 13% of our respondents said yes that you provided well for my needs 2% said no. I was a little disappointed 1% said somewhat but I needed more help or other help than you provided and of course 85% of our citizens said that they didn't need any accommodation therefore. It wasn't really relative But as we continue to do things we try to measure what we're doing and try to make improvements along the way We're also looking at our partnerships and resources and trying to ensure that the city is doing the best We can with what we have available and recently City Council accepted a couple of grants to help us do that There was a $4,000 grant given by the North Carolina Parks and Recreation Association through the arthritis Foundation To allow us to do some walking programs with folks who have arthritis and then about a $3,000 grant that was given by the Carolina Panthers to help with the Carolina Panthers Flag football program, so we continue to look for ways to serve our citizens beyond our city resources Then the last thing is the mayor and Rhonda both mentioned we have unit in the community Which is a celebration coming up on October the 5th at the Holton Korean Resource Center I've put some information at the back if you have interest in attending that event It is free. It's from 11 until 2 at the Holton Korean Resource Center. There'll be entertainment a kids area food Makeovers Exhibitors just lots of things again all are welcome. Please come if you have a chance October the 5th from 11 to 2 at the Holton Korean Resource Center again. Thank you all Good evening. I'm Marge Clemens. I'm the chair for the Merit's Committee for First Disability giving respect to our mayor Bill Bill and our city council and our citizens of Durham. I am so welcome to be here and So pleased to be among you What we are doing at this time We are going to celebrate October the 24th this disability Which is national Campaign, and what it is going to be is that the Merit's Committee for Persons with Disabilities Sponsoring is poster composition children and youth age 5 Through 21 are invited to create posters that create the thing because we are equal to the task. This is Coming a natural disability employment awareness month awards This year The theme echoes the message of the national office of disability employment policies on going campaign For disability employment it promotes ideas about what youth with disability Can do when they receive Encouragement for their employment dreams Each poster should inspire people of all ages especially employers to understand that people with disability has a Capability to be successful in the workplace We try so hard to do what we need to do a resources from our office to encamp to encourage to endure the strength of toward awareness in our in our Successively of goals that we feel among our Citizens I thank you so much For the committee that I have and for our city council for our mayor That just stands and gives us a great support and the energy to continue on We have several so so good individuals that really care on our committee our law enforcement our directors That and that are in our committee of staff of the city our director Ron Park Parker Ronda, which is really really wonderful Our Sarah Hogan, which is outstanding a manager of supporting us They just do a great outstanding job And I just want to say thank you very very much and God bless each one of you That's Jalala Dawson the home in relations manager Neighbor improvement services join me, please. I think it's very appropriate. We have this proclamation this evening especially considering the Turnout that we had at Immaculata yesterday Sunday This is recognizes Hispanic heritage month It speaks to the fact of whereas America's culture of diversity has helped strengthen and define our country for hundreds of years Whereas national Hispanic heritage month is celebrated from September 15th to October 15th There's a time of celebration and appreciation of the rich culture tradition and numerous contributions made in our communities Where's the theme for Hispanic heritage month? 2013 is Hispanic serving and leading our nation with pride and honor Whereas we recognize the positive impact that our Hispanic communities have on the social cultural and economic development of North Carolina and the United States Where's the city of Durham takes pride great pride and the contribution of the mayor's Hispanic Latino committee and also to the many successful community collaborations well sent from his panel Where Hispanic Americans continue to excel in many areas such as public service business education and government This perseverance has allowed for continued success and accomplishments through education and hard work Therefore enriching our communities and whereas many Hispanic Americans today are thriving Others are still struggling to overcome obstacles including language and cultural barriers as well as his termination Where is September the 15th was chosen to start the celebration due to the anniversary of independence for five Latin American countries? Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua Additionally, Mexico declared its independence September the 16th and Chile on September the 18th Now, therefore, I will be billed the all mayor of the city of Durham, North Carolina We have our proclaiming September the 15th through October the 15th 2013 As Hispanic heritage month in Durham, we have our citizens take special notice of observance I witness my hand in court with the city of Durham. This is the 16th day of September 2013 and I present this to Delilah and others that may have comments Thank You Mayor Bell The human relations division of NIS is pleased and honored to serve as staff liaison for the mayor's Hispanic Latino Committee And we are also pleased and honored to work with El Centro as the Fair Housing Education and Outreach Partner. We've done that for many many years And with the Mayor's Hispanic Latino Committee, we are committed to building bridges between city government and Hispanic Latino residents of Durham We know that discrimination as well as language and cultural barriers limit the economic and social opportunities available to Durham's Hispanic Latino population This committee seeks to improve opportunities and open doors for Hispanic Latino residents And we work directly with partners who are committed to providing education and outreach to the Hispanic community So at this time I would like to call up our chair of the Mayor's Hispanic Latino Committee and have her make a few remarks And after that our Fair Housing Education and Outreach Partner President CEO Pilar Rocha Gobert Thank you Hello everyone. Thank you for having us Um, I would like to share with you a few words and it's a pleasure for us to be here today The Hispanic Latino community continues having a profound and positive influence on the United States Through its strong commitment to family faith Hard work cultural identity economic power and service They have enhanced and shaped our national character with centuries old traditions that reflect the multiethnic and multicultural customs of their communities I am honored to be part of a city that celebrates the contributions Of its Hispanic Latino community And I take advantage of this moment to recognize the richness that diversity brings to the city of Durham and its people On behalf of the Mayor's Hispanic Latino Inclusion Committee I thank you all for tonight and for continue working hard to continue having an amazing society One day at a time one person at a time. Thank you Good evening on behalf of The board of directors and the staff of el centro hispano and also on behalf of the community we represent I would like to thank the human relations department the lila The hispanic the mayor's hispanic committee the city council the mayor for making Durham a city as a welcoming city for latino immigrants We as el centro hispano will continue working in integrating the latino community to the community at large. Thank you very much for this proclamation As councilman catari Thank you mayor. I wanted to invite Members of the employee diversity council and our sister cities to come up and while I read this proclamation and also Deputy manager Keith Chadwell This proclamation is for equality week in the city of Durham And it's the breeze whereas the city of Durham is known for the rich diversity of its citizen population Are you doing Sorry, I should have waited till you got here And whereas this our city is placed a priority on being both truthful about the differences that sometimes threaten to divide us And been vigorous and reaching out to bridge those differences with compassion And whereas our city has attracted remarkable people to live here because of our commitment not just to tolerance and equality But to true inclusion and the city has prospered and been resilient both socially and economically And tough times in part due to this diversity And whereas this honest commitment to equality under law for all people has been a source of strength for us as a city But we recognize that our work to fully realize this commitment is not yet done And whereas both within and outside of our city in our state and in our nation The great debate continues on whether our constitution's foundational commitment of equality under law Is truly a covenant to be kept with all of our citizens And whereas we encourage our sister Sister cities particularly costrama russia to visit Durham and see the social economic and quality of life benefits For all of our community which result from supporting diversity We welcome them to take part in our continuing dialogue about the true meaning of equality And we urge them to take all necessary measures to implement both legal equality and social inclusion in their own communities Including freedom of expression And whereas the 50th anniversary of the march on washington occurred on august 28 2013 and the echoes of martin luther king juniors. I have a dream Address still reverberate within us And whereas the city of Durham is proud to host the north carolina pride parade and festival september 28 2013 With people from all of our state walking down Durham's main street to both celebrate the progress of lesbian gay and transgender people Toward full equality and call attention to the many remaining areas of law in which the lgbt community's dreams of fully quality under law remain unfulfilled And whereas many members of the city council and the mayor intend to march in the pride parade And whereas durham annual latino festival will also take place september 28 2013 Sharing the vibrant traditions and folklore of our latino and hispanic neighbors with all of durham Now therefore the city council of the city of durham Hereby recognizes the key role that diversity and inclusion has played in creating our prosperity and unique sense of place And declares the week of september 23 to 29 2013 to be city of durham diversity week the mayor shall deliver a copy of this proclamation to durham's sister cities And the mayor of kastroma russia This will be signed the 16th day of september 2013 Present this to you and any comments from the diversity council or the sister Thank you very much our council member katari and welcome to our friends from our sister cities Mr. Mayor and members of council We thank you so very very much for this acknowledgement and in so and in my acknowledgement would like to Give a hearty citation to the men and women that serve in our diversity council a very group of caring Effective serving individuals work very hard and uncompromisingly to make us hold What also like to acknowledge the work of the neighborhood improvement services office its division of human relations and supporting this effort Please know that in receipt of this we'll be unyielding in our efforts to continue to make our workplace Very effective make diversity a critical element in what we do an effective public servants. Thank you very much I'm brady serles representing sister cities of durham Councilman katari. Thank you very much mayor bell and all members of the city council On behalf of sister cities of durham and sister cities international We express our appreciation for your support in sister cities And we're certainly proud of the city of durham for making this proclamation in this statement The country of russia has made a very strong statement with regard to their laws and policies which would discriminate against gays We in sister cities are very much opposed to that But we're also very much supportive of maintaining our ties and our open communication With our sister cities around the world. We have six but particularly for costumer russia A number of people and citizens of the city of durham have visited costumer and have stayed in homes there A number of people who are citizens of durham here have hosted Some of those people from costumer russia including some of the people standing here before you They develop those personal ties and a key to sister cities Is that person-to-person communication? So we can keep the lines of communication open And help them as they we hope move towards more and more support of equality and diversity We support this very much and we thank you very much for your support And we look forward to our continued Work with our sister cities particularly costumer russia. Thank you again everyone Good evening Thank you. Thank you city council honorable distinguishing council people as well as uh city manager and city attorney And everyone in the audience. This is a wonderful day You know, we're sitting over here thinking about how wonderful durham is and talking about diversity the four ceremonial items We're talking about the distinguishing of durham being sensitive to older people Disability hispanic and especially equality. So when you start thinking about this city, it's rich in this tapestry I think about the quote from my angelo that we should all understand the diversity makes for rich tapestry That we all understand that all the threads of the tapestry are equal in value no matter what the color So thank you all for representing the proclamations today. I think it means so much Y'all should give city council a hand for this for those who didn't clap. I know you wanted to I'm not talking about you louis The triangle business journal Hosted its inaugural leadership in diversity last week at the golden belt in the cotton room for the whole triangle And we were blessed To have mayor bill bell there as a member of the diversity committee I represented the triangle business journal today to present an award to mayor bill bell for being such a role model in diversity Mayor bell was the first and only elected official Selected for this procedures award when asked what makes for a successful leader when it comes to diversity Mayor bell responded I try to practice what I preach in an attempt to lead by example by advocating and promoting diversity in the workforce At all levels of government and in contracting But one of the things that we talked about that I think is so important that we see is but in their bell's leadership Is that he understands that the art of thinking independently and together is important as Malcolm forb said so I'd like to present you to develop this award for leader in diversity first of all, let me let me thank fraud and certainly the council and triangle business journal and the committee that Chose to honor me along with other awardees for this this award. I can tell you I didn't ask for this tonight the award was last week Those of you may not know fraud as a former city council person But he called and said he wanted to present it. So I said, okay So that's that's why I'm here tonight, but seriously, I think it represents Not so much to honor me But I think you aren't all the people who've worked with me that worked alongside of to Allow the city to do the things that it's done and continues to do And we really make Durham a place where I say great things happen all the time Not only this but all of the things that go along. So I appreciate it I honored it very much, but as I said it is really when you honor me you honor the people who've worked alongside me And wish me a lot. I appreciate it. Thank you Let me recognize any council persons that may have comments Recognize councilwoman catani Thank you mayor We have a scout troop 405 here from st. Matthews Catholic church in Durham And I wanted to recognize them and their leaders who are here Most of the scouts are compete Excuse me completing their communication merit badge And two younger scouts are beginning their citizenship in the nation badge The scout leaders with them tonight are west council james cunningham and kevin lily and I hope They would rise and we could give them a round of applause Thank you Any other comments by members of the council recognize the mayor pro tem I would just like to congratulate you again on your award in addition I would like to thank the volunteers who Solicited for baby diapers Last weekend they solicited solicited for and collected Baby diapers for needy families And north gate shopping centers There are lots of volunteers and let me just make you aware of the fact that there are lots of families Who need baby dappers? So seek them out And going about bushel of them And and distribute them among our citizens. Thank you so much I want to thank the mayor pro tem because uh She came up with her almost a bushel full of a carload of diapers She contributed to the to that event. I've been asked to I'm sorry just add to that quickly and that is um I want to thank the mayor pro tem for mentioning that and um Because I did go down we did and donate but You think about where we are as a A society and it doesn't Speak too well of us the fact that We have to do this but believe it or not Baby diapers can cost as much As a hundred dollars a month And it's it's sad and rather revealing That some people Have to choose between putting food on the table or buying baby diapers so I think this is a terrific organization that has formed and I hope all of you would would step up and and help To donate diapers to this for this very Needy cause. Thank you, mr. Mayor Welcome I've been asked to Make an announcement relative to the 2013 bull city stand down It will be held friday september the 20th from 8 30 a.m to 2 p.m At the Durham county memorial stadium and the national guard armory That's on 750 stadium drive There will be a free dental clinic They will be providing food clothing basic medical and legal assistance Housing benefits educational benefits air cuts substance abuse and mental health assistance job counseling VA benefits assistance local health and human services Personal care and supplies flu shots mammograms showers entertainment and drawings And there's going to be free that data bus access services for veterans to and from the event until 5 p.m Again, this is recognizing our veterans. We call it a stand down And certainly the public is certainly walking certain. We'd hope all male and female veterans would Come out also Having said that i'm going to Recognize the mayor pro tem I had hoped someone would make the announcement about project homeless connect on october 3rd, which is very similar to the event that you Just described. I don't see anyone here from Community development, but the event is october 3rd. I believe it's still at the same Durham bulls ballpark Is that the armory this time at the Durham armory and it starts at 10 Okay, thank you I'll tell people over and over and over again With all the challenges we have in this community derm is a very caring and giving community and I think events such as this Just exemplify that I would ask if there are prior items by the City manager Thank you, mayor bell. Good evening council members. I have no priority items this evening Likewise city attorney. Thank you. Mr. Mayor. No priority items likewise city clerk. No items. Mr. Mayor In that case, we will proceed with the Agenda is printed prior items and the approval of a single vote if a item is pulled from the Consent agenda By either by a council person or remember the public we'll discuss that later in the agenda and I'll just read each consent agenda item Item one is designation of voting delegates North Carolina legal municipalities annual conference october 13th 15th 2013 in hickory north Carolina Item and their pro tem is going to be voted delegate for that On item two is bid report july 2013 Item three is proclamation of equality week in the city of Durham Item four is funding for permanent housing for persons with special needs Item five is grant project ordinance amendments for community development block grant cdbg home program grant and emergency solutions grant esg for physical year 2013 2014 amended award amounts Item six is grant project Ordinance amendments for community development block grant cdbg and home program grant for fy 2012 2013 actual program income received Item seven is fy 2014 contract between the city of Durham and center for documentary studies item eight is city of Durham employment and training 2012 2014 grant project ordinance superseded in grant project ordinance number one four four eight nine Item nine is contract amendment with general management solutions ink to provide workforce investment act Adult and dislocated worker services and on-the-job training services from october 1st 2013 March 31st 2014 Item 10 is a contract from north crown institute minority for minority economic development of Durham north Carolina to provide project management services for the telecommunications and energy jobs training pilot demonstration grant Item 11 is the second amendment to assignment agreement between the city of Durham and the Durham bulls baseball club for the operation of the Durham athletic park Item 12 is a resolution authorizing the city auction Item 13 is extension of lease between the city of Durham and Durham arts council Item 14 is development agreement for the construction of a rapid building adjacent to the Durham performance arts center Item 15 is amendment number one to the contract for renting stationary containers Item 16 is mutus software annual support and license agreement Item 17 is amend ordinance for fixed sewer only rates Item 20 can be found on the general business agenda Item 21 is the derm county board of health recommendation on municipal water fluoridation Item 22 is an item that can be found on the general business agenda public hearings I didn't attain a motion for the approval of consent agenda item is read recognize council one Brown had asked for some additional information on On item eight and I probably did too So you want me to pull this item? Yeah, could we hold it? If that information is not City of Durham employment and training 2020 Let us just hold that item and I move the rest of the consent agenda So it's been properly moving second. Madam clerk. Were you open about? Those about It passes six to zero Thank you. We move to The general business agenda Item 20 It's 2013 second quarter crime summer report Who's presenting that? Mr. Mayor, I have a correction. It's number nine Need to change the Who will make her the motion second withdraw the motion and so we can restate the motion for the approval of consent agenda item Yes, the the item that should have been pulled was item nine and not item eight And okay, you know we needed more information Mr. Mayor, so I do we know that okay. All right, okay Chief Lopez Mr. Mayor council members City manager city attorney Tonight, I want to discuss the Durham police departments 2013 second quarter highlights and crime information This report covers the department's six performance measures violent crime property crime part one index crimes Clearance rates response times and priority one calls and staffing levels The executive summary also includes additional information about significant accomplishments and highlights during the second quarter I'm pleased to tell you that Reported part one crime was at a 15 year low during the first six months of 2013 This was in part due to a significant decrease in aggravated assaults and burglaries This chart shows january through june part one violent crime numbers over a three-year period Although violent crime was up in three out of four categories. Our violent crime is down overall by nine percent There were 13 homicides reported during the first six months of this year compared to 11 During the same time in 2012 Arrests have been made in four cases one was a murder suicide and two have been ruled self-defense Six are currently open cases One case involved domestic violence and three cold homicide cases were also cleared The fbi expanded its definition of forcible rape For ucr reporting purposes The category of forcible rape starting on january 2013 Now includes offenses that would not have been included in prior years That will affect our numbers. There were 13 rapes reported during the first six months of 2013 That would not have counted in the 2012 part one crime rape statistics statistics There was a significant decrease in the amount of Aggravated assaults during the first six months of this year The total number of victims decreased by 19 percent while the number of actual incidents was down by 12 percent During the first six months of 2013 reported crime was at the lowest Since 2005 Overall part one violent crime dropped nine percent during the first six months compared to the same time in 2012 Part one property crime and larcenies are also at a 15 year lows During the first six months of 2013 Property crime was down five percent from the same period in 2012 Burglaries and larcenies were down while motor vehicle thefts increased from 2012 Motor vehicle thefts were up during the first six months We have had numerous thefts involving handas and have made several arrests in these cases We also have noticed a recent Significant increase in the thefts of scooters, which has been a regional problem We have notified the community of this issue and urged people to make sure that they know the serial number for their scooters and mopeds We've also focused on metal thefts, which do affect our larceny and burglary numbers There were several thefts of industrial air conditioners Coils during the second quarter and our patrol officers and investigators conducted operations to prevent further thefts Our burglary numbers dropped by 10 percent during the first six months of 2013 We believe that our residential awareness program rap Has contributed to the decrease Rap was started in the fall of 2011 and combines crime analysis, crime prevention and high visibility patrols to target resident burglaries Officers also made several burglary and larceny arrests after people called 911 to report suspicious activity The fbi clearance rates are for cities the size of Durham with a population of 100,000 to 250,000 The 2011 fbi statistics are the most current ones available The Durham police department's clearance rates for part one crimes were above the average clearance rates in all part one crime Categories for our cities our size with the acceptance of homicides during that time Our homicide clearance rate today is 66.67 percent Which puts our homicide clearance rate now above the fbi average for cities our size There were 6178 priority one calls for service from july 1st 2012 through june 30th 2013 We keep these records by fiscal year rather than calendar year Our target average response time is 5.8 minutes We were close to that goal With an actual 5.9 minute average time Our goal is to respond to at least 57 percent of our priority one calls in under five minutes We did not meet that goal In that we responded to 54.4 percent of priority calls in under five minutes We've continued to increase our standard in recent years and our targets our stretch goals Our sworn staffing level was at 99 percent at the end of the second quarter We started a basic law enforcement training academy in august and a current and we are currently fully staffed There are 12 during police recruits in our current academy Our non sworn staffing level was at 90 89 percent At the end of the second quarter and remains at that level today We're in the process of filling several of these positions During police employees participated in numerous community activities during the second quarter Employees ran and biked in the torch run on may 30th to raise money for north carolina special olympics The police department has raised about 40 000 dollars for this charity since 2008 Officers from the community resources unit participated in the american tobacco kickoff event in april During the second quarter officers conducted 307 directed patrols on the american tobacco trail In other community events the police department's baseball team battled the fire department's baseball team To a tie as part of a community day celebration at hillside high school on june 22nd On may 6 officers and members of the community attended the peace officers and memorial service to honor fallen officers And employees participated in numerous other community events during the second quarter many of these activities are included in your executive summary Durham celebrate national night out on august 6 and even though that wasn't in the second quarter I wanted to share some photos from this very successful event that involved more than 100 communities throughout Durham I'd like to give you some good news about our calia onsite assessment in june The Durham police department has been accredited by calia since 1991 This year our department went for the calia gold standard, which is the highest standard possible We held our onsite Assessment in june and received many of positive feedback I was recently told that the police department will be recommended to receive the gold standard accreditation in november I'll conclude this report with a vision of where crime has been trending and that is down Thank you. Thank you chief. Let me ask first of all. Congratulations on the Credentialing to receiving the gold award. We look forward to that presentation Let me ask other comments or questions of the chief on this item If not, I recognize the mayor pro tem Chief good evening. Are we seeing a trend downward in youth crime or is it About the same I wouldn't have any numbers for you, but I uh, if crime's going down in all The areas I would presume that the youth crime. I don't have a breakdown for you reference to it though Could we get it at some point? We can't get it for you. We should be able to get you the numbers. Okay. Thank you We we had one person to sign up to Speak on this item victoria peterson. You have two minutes as victoria peterson. I'm sorry Thank you chief. Thank you Mr. Mayor, do I get two minutes or three minutes? Two minutes There is some information in your in your in your report dealing with your youth crime If this report is correct My concern is that not just so much the youth crime. Mr. Mayor and city council members Is the overall crime in this community particularly in the african-american community I'm hoping may be one day with this police chief or maybe if we get a new one in the future That this city will actually be able to also receive the the part two crimes The part two crime report is just as important as the part one Right now this community over the last several years Since all of our police chiefs have been here and I have asked The city council numerous times to please Also ask for the part two crimes We have thousands and thousands of crimes being committed in this community We have a lot of our young men and young women Who are involved in criminal activity and one of the reasons is because they cannot get jobs And particularly young african-american men. I um we have a double system in this community I have watched and I have spoken to numerous young african-american men That are constantly being harassed In the black community that are constantly being being arrested arrested arrested arrested arrested When you have a criminal record it is it is just about impossible in this community and in this state to get employment And that's one of the main problems that is going on in this community Even when a young man is at the age of 18 or 19 or 20 years old And he goes out and he commits a crime and he gets himself together At the age of 25 30 or 40 in this community He is still held Those crimes that he did years ago. He cannot get employment basically in this community And mr. Mayor, I talked to a young man who did who did 14 years in prison He's trying to get his life together and he cannot get employment in this community So derm is going to continue to have a crime problem A serious crime problem until mr. Mary. We really address Really address the problem and the problem is employment Amongst young african-american men that cannot get jobs And thank you very much. Thank you We move to the general business agenda public hearings Item 22 assessments and improvements Many assessment roll for sewer main on east corn waters road Good evening mayor bell members of council i'm marvin williams director of public works for the city Item 22 before you is to request a delay in the public hearing for the mini assessment roll for the sewer main On east east corn Wallace road until the october 7th city council meeting of the affected property owners have been notified I indicated this was a public hearing item. So This was open you've heard the staff report. Let me ask if anyone who wants to speak on this item I've not let the record like no one else has to speak I'm taking the motion on item again It's been a proper move in a second. Madam clerk, will you open the vote? Close the vote It passes six to zero Item 23 Consolidated annexation item hindricks southport Good evening. I'm scott whiteman from the planning department Before we before I begin I would like to certify for the record that all notifications for these items have been provided And affidavits are on file as required by law This consolidated annexation annexation item consists of four separate requests related to the hindricks south point development The applicant is requesting a utility extension agreement to provide city water and sewer service to the site The departments of public works and water management performed a utility impact analysis And determined that capacity is adequate to serve the proposed development Case bdg 1202 is a voluntary petition for contiguous annexation submitted by the property owners of this site The budget management services department has performed a fiscal impact analysis Based on the most intense use permitted within the proposed zoning And has estimated that revenues will exceed estimated expenditures immediately upon annexation Plan amendment case a 1214 Is a request to change the future land use map for 12.87 acres of the overall site From low medium density residential to commercial Zoning case z 12 25 Is a request for initial zoning of the entire site For commercial general with a development plan The proposed zoning would allow up to 180 000 square feet of commercial development In addition to the commitments proffered by the applicant enlisted in your staff report Several new commitments were provided to the planning department today Which I will read into the record One No loud speakers will be used on the campus Two Outdoor lighting will be down lighting with sag lenses Lenses will not protrude lower than the lighting fixtures House shields will be utilized in fixtures within 50 feet of residential uses Three no tractor trailer truck deliveries will occur between the hours of eight o'clock p.m And six o'clock a.m Four accessory buildings will not exceed two stories in height Five an 18 inch stone wall will be erected along the eastern boundary line on Fayetteville road from the southern property line North to the 20 foot buffer at chaparral drive Six a payment will be made to the city's sidewalk fund At the city's established rate of the funds necessary to extend the sidewalk along Fayetteville road from the southern property line To the intersection of massy chapel road And seven the buffer along the southern property line from the stream buffer to Fayetteville road shall be 75 feet in width The staff recommends that the council approve the extension agreement voluntary annexation plan amendment and initial zoning The planning commission recommended of approval of both the plan amendment and zoning Change by a vote of 10 to 2 I'd be happy to answer any questions from the council This is a public hearing and I guess for me procedurally. I guess I want to make sure i'm Clear on What we're doing this evening how we're going to do it It seems to me the first order of business would be to deal with annexation piece Because once that's done then I think it would be appropriate to try to deal with the zoning the extension etc So Unless I rule out autumn mr. Attorney Like I said that I don't believe that there's an issue mr. Medlin standing now. No issue. Okay Well in that case I I would like us to deal with the annexation piece first So if the planning director would uh come forth and speak to that Steve you want to come forth and speak to that annexation was being requested And let me tell you why why I want that I mean we all know this project has been On the books for a long time trying trying to move it forward And I guess we're going to get some of these questions answered as to What's being proposed and how much is being Considered but I want to make sure that the persons whose property Was going to be a part of this Initial project is being proposed Understand implications of annexation And the process that we've got to go through to make that happen And once it's once you're annexed then you're part of the city And as a result, you know city taxes and all those other things come forth Along for public services and all other things But I just want to make sure we're clear on that annexation piece And I want to make sure that every person whose property is being proposed as a part of this Has submitted a voluntary annexation petition because annexation laws have changed now We no longer can do involuntary annexation As we have done it. So it's important that We have on the record those persons who have said I want to be voluntarily annexed into this area Because I don't want anyone to come back late and say I wasn't part of the petition or nobody And I know you've got it there just for the record. I'd like us to go through that Yes, mr. Mayor At the time the petition was submitted the city clerk did certify that all the signatures were received and Today we double check based on the current tax records and all the same owners Are still the owners of record and all signatures have been received from those owners So if that be in the case, uh, give me just a reference to that for the record Those petitions is part of one of our attachments Mr. Mayor that is part of the attachment to the staff report as attachment 17 includes all of the signatures I think it goes beyond. I think we also have 18 19 attachments and 20 I think no 19 you're 20 So if that's the case, can you can you just reference those and then I don't take no motion on the annexation piece It's so the signatures are only in attachment 17 There are several other attachments after attachment 17 One of which is the annexation ordinance, which you would be approving if you approve the annexation So I get a motion to entertain a motion to adopt the annexation I'll move to adopt the annexation resolution Yeah, I would do that Are they any other persons that want to speak on this item? This being annexation piece Again, this is a public hearing. So I want to make sure everybody's clear on that. Does anyone want to speak on this item? If not, let the record reflect no one asked to speak I would put we're going to be closed and within entertain the motion to annex those properties as indicated Uh, it's been properly moved and second madam clerk, will you open the vote? Close vote It passes six as a word. Okay. Let's come back to the planning director for the next item The annexation was effective september the 30th. That's a part of the That's correct. Okay So mr. Mayor, it's a council's pleasure At this time you can either take up the utility extension agreement or the comprehensive plan amendment Well, let me suggest something again I think it'd probably be more appropriate to deal with the zoning piece And then talk about the extension of water and sewer We don't want to extend water soon to this area unless we know specifically what we're going to be doing So then uh, I believe the best order would be to consider the plan amendment Which require public hearing and then after that the council can consider the zoning map change and then the utility extension agreement Is the staff going to present any more on the? proposed change So my initial presentation included all of those items. Um, if you have any questions about Any of those I'd be happy to answer them the plan amendment is case a 12 14 and as a request for Only 12.87 acres of the overall site from low medium density residential to commercial All right, you've heard the staff recommendation other questions or comments by by the staff on this item Again, this is a public hearing item. I would ask for any questions or comments on this particular item Recognize Attorney Louis cheek Mr. Mayor madam mayor pro tem and members of the city council. My name is louis cheek. I represent the developers of hendrick south point We're here to support a plan amendment for 12.87 acres And a zoning map change for 33.373 acres of property in the kennington heights area We ask you to amend the future land use map of the comprehensive plan to change the designation Of the 12.87 acres from low medium density residential to commercial There are a number of reasons to support the change The commercial designation is in character with the way surrounding property has developed and is developing kennington heights has been indicated as a future commercial node since 2002 And this is a natural extension of the node to additional frontage on faible road The requirements for stream buffering storm management and road widening make this parcel economically Infeasible for low medium residential development Stream buffering creates two oddly shaped building areas which physically restrict low medium density residential development There's no water and sewer to the property The stream buffers provide a natural boundary between this commercial And the residential to the south The amendment is consistent with comprehensive plan policies and with future land use patterns There's sufficient infrastructure for development of this property as commercial Designating this property as commercial will not adversely impact necessary dwelling units in the city of Durham The site is of adequate shape and size to accommodate the use The planning department has thoroughly reviewed the request and recommends approval And the planning commission heard the case and voted 10 to 2 to recommend approval and we would ask that you Vote to amend the plan. Thank you Again as the public hearing you've heard the Proponents recommendation. I would ask other persons that want to speak on this item First of all in the comments from members of the council on this item Here and I'm not I do have a person that is signed up to speak on this item As an opponent and as item 23 consolidated annexation item Hendrick Southpawnt Ms. Helen Ellison is she present? Would you like to speak now? If you come forth to the podium, please to the right Is there anyone else that wants to speak on this item? Um In opposition or I have a person that is signed up to speak as proponents.  I'm mooney. Would you hate? Jeanette Wilson Anita Keith Fouse And that's it. So miss ellison this you can come up to the podium here, please And you have you have five minutes Okay Uh, my name is Helen ellison and I own property at 72 19 Bebel Road 72 27 Bebel Road and 76 10 Massey Chapel Road This this property is basically right across from Massey Chapel Church and we're the Dealership will John property lines with the The Massey Chapel Church and I am right across on the corner of Massey Chapel Road and Bebel Road And I am concerned about basically Uh Well, it's not the buffer I can deal with that but When it comes to Whiting um, the road To make that left-hand turn off Massey Chapel Off off Bebel onto Massey Chapel Uh from what I understand it will be um A complete uh, it will Basically consists of A left-hand turn which would be equivalent to Of the space of This It would be equivalent to uh Left-hand turn lane is what it is basically and I am concerned. I'm not basically I I don't know how much property It would take but I own approximately About a thousand feet uh on Massey Chapel onto Um Bebel that left where that left-hand turn would be and I am concerned Uh, whether or not I would be kind of compensated For the property um I had uh Basically, I think I had heard something like 15 feet. It would take about 15 feet and that would be uh, maybe uh a 100 I mean a thousand feet times. I don't know it would be 15 feet, but I Do know that when they widen the roads and make left-hand turn, I mean Turn lanes that it can consist of a bit of property because we had My family had given a bit of property before when Massey Chapel was Straighten they had attempted to take Straighten the road and we had given quite a bit of land So I definitely am concerned about how much land would be if it is 15 feet I would be almost Half of my uh the front the uh my front yard On Massey Chapel. So I am concerned Uh, whether or not I would be compensated or what would actually happen and it seems that this left-hand turn lane will only Be on what the the land would come from only one side of the road and not both sides Which mean, you know On my side of the road. I would be Losing quite a bit of land And so I am definitely concerned about that It might help I know we have other proponents that want to speak but maybe might I'm not going to talk about the compensation But it might be good if you could show the Aerial map or either John Lewis. I'm looking at it on my attachment three and I'll Diagram someone can put a picture up of the location of Massey Chapel Road and February Road relative to the site that we're looking at Yes, it would be the corner uh The lot 72 19 72 27 on February can someone from the staff Steve can someone from the staff I'll put this diagram up on Scott could you show the property we're talking about Or traffic when I'll bill or somebody Can someone from staff please address the issue about whether this Ladies property will be impacted by the turn lane. Yes bill judge for transportation Uh as part of the zoning There is a requirement of 751 south has previously proffered to widen Massey Chapel to provide two westbound lanes Um, this developer has also included that proffer as may be required Um, so if if that improvement is required as part of the site plan then the developer would be responsible for Acquiring any need it right away and compensating the property owner accordingly So when will we know that? Well depends on the timing right now the developer has already submitted a tia phasing analysis with the site plan if they Go forward with the site plan at this time. It's unlikely that this improvement would be required It's mainly due to the traffic from 751 south If they were to not move forward with the site plan at this time If 751 south were to move forward before this development, then it could be required councilwoman catauging council Moffitt Thank you, mayor on the development plan. It shows a dark dotted line and then it goes into a lighter one Do you have any sense of? What the length of that turn lane would be? How far back from the Fayetteville road intersection on Massey Chapel it would go I don't remember the exact storage, but typically it's about 150 to 200 feet of full-link storage and then taper beyond that so it would not be for the entire frontage and then um, whether or not it was all to This property owner side versus the other property owner the applicant would just or whoever moves forward We need to look at the availability of right away and the constructability make that determination Can someone address how um, right away purchases the property value is determined That would be a negotiation between whoever's trying to acquire the property and the property owner The question is It's one thing to negotiate. Do you have to have a willing buyer willing seller can the Property owner say I don't want to sell my property for that. I mean, I guess that's what we're trying to get understanding of Correct if they were unable to reach an agreement then um Private developer does not have the ability to do any sort of condemnation They would have to go to either the state or the city council to the ask for their assistance but That would be at council's discretion or or the state's discretion As to whether or not they would even assist and at full cost of the developer if they were unable to come to an agreement between the two parties So recognize counsel moffitt just to be clear when you say they could go to the state Or the city council for their assistance. What you mean is to the use imminent domain to um And so let's just be really let's just put it on the table so we know what we're talking about Right, yes, correct. I mean the imminent domain for for accommodation to acquire any right away Areasements, but that would be up to those bodies either to state or or the council to to agree to participate It's not even sure that's correct. Actually I have to defer the city attorney. I thought the law was changed that prohibited imminent domain from the city council for private development That's that's my understanding. I'm just not sure about the nuances of this particular situation, but but yeah, you're right it you can't take the property of a private owner for a Poor another private entity To the road widening wouldn't be considered public purpose Okay, so then let's switch over to the planning department for a minute So if we have an unwilling seller and a committed element what then happens Sorry, I'm sure the mr. Judge um Steve meddling with the Durham city county planning department Obviously if it becomes a committed element on the face of the development plan And the developer is unable to execute that committed element then they cannot go forward with their project So, um, let me see if I understand this Also, can I make one request which is could we Turn this document around so that we get A north south orientation. Thank you Just wait miss Ellison, could you point specifically to the diagram where your property is so we all know I'm where we're I know where it is, but I just want to make sure Okay, all right All right council. Thank you. Thank you, mr. Mayor I probably don't have this right and so I want to see if I can understand it So it it's my understanding that Uh Mr. Judge estimates it might be a 150 foot storage Area typically uh down massage apple road That the that the uh committed element in this project Would What only what I guess yeah, so let me ask it this way At what point does this project have to Do this work as opposed to the 751 development explain to me the the interaction of those two And and and am I right what you said about about 150 foot storage? Uh, yes, I had a opportunity to go back look at the study and uh determine the exact distance It's actually a hundred feet hundred feet of storage. So it's even a little bit less than I had originally estimated but This this developer would only be required to make this improvement if they fail to submit a site plan or move forward with a site plan prior to 751 south Submitting a site plan for their development Which case we'd have to look at the impact of both projects And at that point it would be required, but it's also required to the 751 south development So it's very possible. They would end up making improvement as well Or but this just to see if I get it again This this project would not have to make that improvement if they submitted their site plan first Correct, which they have already done right so as long as they move forward with completing that site plan Then they would not be required to make this improvement And I guess at some point I would ask the developers if they're planning to make that improvement But my guess is they're probably waiting for 751 to make it The The but but then then that leads me to to try to again to understand so I'm just trying to think about miss ellison's situation here That would mean then the developer These developers would be not probably not we'll hear from them making this improvement And therefore there would be no Frontage taken from mrs. Ellison's property and therefore she would not be in any negotiation with these developers Is that it might understand that if they're planning not to make this improvement That would be my expectation the developer would have to probably answer that question But um, I see no reason if they move forward with the site plan that they currently have in process That they would need to make this improvement or be required to make this improvement um So maybe at some point mr. Mayor we could hear from the developer on whether or not what their plan is there and I guess the only other thing that Miss catati said to me Half jokingly, but we do have the situation that the state legislature is Involved in the in the other project and I think we might fairly say that uh, it's entirely possible that that improvement could be legislatively mandated as as part of our uh That's uh, you know as part of the 751 project that doesn't seem out of the realm of the possible Okay, thank you. Miss Ellison.  The the net of that you you asking the question. I thought your concern was that Your property might be taken to widen massive chaperone And what we're saying it depends on Which development submits this plan first whether this developer does it Or whether 751 does it in any event in any event it would have to be a negotiated settlement between you and The developer that wants to use the property as to whether or not you all can come up with an agreement on on the price of your land That's the bottom line to it and it looks like that based on the traffic impact study It looks like it's a hundred foot of Massage chopper road that will be required as I understood that was your storage area about a hundred feet Yes, it's a hundred feet in length extending back from the Fayetteville road intersection for the full width So from the corner of the corner of Fayetteville road and massive chapel It would you it would go back a hundred feet for widening that would be required And then I thought you said it was depending on which side of the road of the massive chapel it chose Correct, there's no requirement that it all be on her property There may be construction reasons why it's more advantageous to widen to one side or the other I haven't looked at it in that detail. The applicant would have to Interfate whether they have Okay, I had been informed that it would only come from my side of the road, which would be the north side of massive chapel May I ask who informed you of that? Uh I thought it was one of the uh Representatives from the dealership. All right. Well the developer will speak to that when we get to that point But are you clear on where we are now? Yes, pretty much so. All right. Thank you. And I appreciate your thank you Uh Now we have we have that's that's all right now. Thank you Uh, we have three people that have asked to speak again on this item in support of it And I don't know if you want to speak now. You want to let the developers move forward. I'll call your names again. Jeanette wilson uh Anita Keith fowls and Mona meet your heart Do you all want to speak now? You do want to speak now? No, we don't we don't yield time All right, do you want does any of the two people that are left want to speak at this time? Yes, ma'am Good evening. My name is janette wilson and my address is 222 kentington road I'm here this evening to represent the homeowners who live in kentington heights And we are in support of this project the hindricks at south point We also wanted to give you a perspective of those of us from those of us who actually live in kentington At one time kentington heights consisted of approximately 32 plus homes However, presently we are down to less than 15 occupied homes The major reason for this mass exodus out of kentington is because of the water and sewer problems The land does not perk and therefore does not sustain a well and septic system Those vacant homes are left abandoned And uh, they're dilapidated which has caused increased crime in our community There are property owners with multiple wells on their sites Some property owners have even resulted to using water holding tanks just to ensure an adequate water supply One homeowner is paying a mortgage in kentington heights But he's paying rent someplace else because his septic system failed at one time He was having his septic system cleaned on a weekly basis and that was a financial hardship for him and his family And he had to abandon his home We have residents senior citizens who are in their 70s who have never been able to wash clothing in their own homes We have residents who have become ill and could not be discharged back to their own homes because of the living conditions The water is often discolored undrinkable and unusable for food preparation We must buy drinking water for and cooking water kentington heights is a large process of land however nearly two-thirds of it is undeveloped The land owners who own property out there are unable to sell or develop their land because the land simply does not perk In 2002 the city of derm was developing a comprehensive long-range land use plan And at that time my neighbors and I stood here and asked that the property in kentington receive a future land use designation for commercial development And it was granted. We have patiently waited for over 11 years for this night to come and it has finally arrived Council members, this is an opportunity to finish what was started in 2002 by approving and putting this commercial development On the land that was present previously designated for it It is also an opportunity to rid southern Durham of a 40 year old rundown and dilapidated community In conclusion the homeowners in kentington heights have signed a statement that we wanted to share with you this evening and it reads We the below signed homeowner occupants in kentington heights Are presenting this letter in support of the hindricks at south point auto park development We are also publicly stating our satisfaction with any and all arrangements with this developer And it is signed antoinette house iota colak larry and deborah swinton willy and iran bigelow babyruth nicolson avon lasseter senior angela smith surely walker christine taft Theodore nicolson magnolia macmillan and myself jenette wilson. Thank you. Thank you Mr. Mayor, I don't know whether it's appropriate now for me to speak to miss ellison's issue I think it We will do it during the zoning map change right right now. We're on the planned amendment and I'm trying to find if anybody else wants to speak on the plan amendment that's being proposed Uh, we had a motion and a second to approve the plan amendment. Have we No one's done that I'm going to close the public hearing on this item first. Does anybody else want to speak on this the plan amendment? Uh, if not, let the record reflect no one else has to speak on the plan amendment that items now back before the council It's been properly moved and second to Change the future land use map designation of comprehensive plan from low medium density to commercial Madam clerk, were you open to vote? Close the vote Okay, now we can move to the zoning I'm scott weyman from the planning department The next case related to the hendrick south point development is the zoning change, which is case the 12 25 which would establish commercial generaled with a development plan zoning as the initial zoning of this site The current county zoning is rural residential This proposed zoning would allow up to 180 000 square feet of commercial development It includes all the committed elements that were presented in your staff report as well that as I read on the record earlier The staff recommends approval as did the planning commission at their august meeting by a vote of 10 to 2 I'd be happy to answer any questions Are the questions of the staff report? recognize council We also request, um, mr. Mayor members of council that you zone the entire 33.373 acre tract commercial general with a development plan In asking for this, we are bringing you precisely what was envisioned for kennington heights in the 2005 comprehensive plan A development through single ownership or as a single project employing unifying design elements roadways and buffers Kennington heights was recognized as a neighborhood in transition and was designated as a special redevelopment area This recognized that the character of the area had experienced a substantial change Over time and that a commercial use had become the appropriate use The property went from agriculture and very low residential to suburban scale subdivision surrounding a regional mall Kennington heights was designated commercial under the Comprehensive plan But without water and sewer was left to wait for the developer to come along who had the vision And the economic ability to bring folks what they wanted They waited a long time Opportunities like this don't happen often henrik southpoint asked for commercial zoning The idea is to bring an automobile part to this track and other contiguous property Not strip development, but an orderly configuration of automobile dealerships on their own campus similar to the carry auto mall With that come employees sales sales tax property tax and economic impact henrik southpoint believes that this is the prime location and that it fits their needs perfectly They haven't seen another location which is large enough and brings all of the characteristics they're seeking This is a city initiated zoning request. The planning department has fully studied it Staff finds that it's consistent with the requirements of the udo and that with the plan amendment this request is consistent with the comprehensive plan And applicable policies and ordinances the planning commission recommended approval by a vote of 10 to 2 This is the and maybe the only Opportunity for kennington heights to get the commercial user it has sought and fought for over all of these years It's an opportunity for derm to realize a substantial increase in tax base And to see beneficial use made of property which has sat mostly vacant for many years Please vote to zone the property commercial general with a development plan and I'd ask that the folks supporting this please stand Thank you Mr. Mayor with respect to miss ellison's issue. We're moving full speed ahead On the site plan we have submitted two site plans actually And are proceeding as quickly as we can to get those in place And we anticipate that the 751 project will be the project that is called upon to do whatever needs to be done with respect to Massey chapel road and the improvements that we've talked about do you are speak to this ellison's point that she was informed that the Launching will take place on her side of the road. I thought you were getting ready to step. Could you speak to that? My name is stacey woodhouse with wrs 550 long point road mount pleasant south carolina In an effort to be completely upfront with miss ellison at the beginning of this project We thought that It might be a possibility that we would need to make the improvement And so we notified miss ellison of that and i've had several meetings In miss ellison's home with her to discuss that and informed her that she would be compensated for such take road improvements if we had to make them When we did the analysis We determined that the amount of road and Right of way that need to be taken was much less on the northern side than on the southern side of the road And that's why the northern side was chosen because it required much less property It was it was no other decision than that. It just had less impact on property owners And as we move forward we did a phasing plan which then Showed that Since we've submitted the other site the site plan We would not be required to make this improvement And as mr. Cheeks said this will most likely be required the 751 project if it moves forward, so Thank you So miss ellison understood You understood that All right, thank you recognize councilwoman could talk to you. Did you have a comment question? Okay um I need to keep false Well, let me ask this anyone else want to speak on this item that hasn't signed up Okay, let the record reflect no one else has to speak either for or against I'm going to turn it back to the council recognize councilwoman cattati Thank you mayor I had two questions one regarding the last proffered committed element item seven the buffer along the southern property line from the stream buffer to Fayetteville road would be 75 feet in width and Staff had emailed the illustration of that and I don't know if you have a copy that you could show for people I wanted to visually have a sense of how wide that was for How it pertained to surrounding properties So mr. Medlin if you could point out the stream buffer and the width and then the additional width and talk about opacity as well if possible Sorry Steve medlin with the Durham planning department If you bear with me just one second, I'll see if I can't blow this up so you can actually see it a little bit better Put this in perspective here. This is the southern property line that you see here Which the massy chapel church is the property owner to the south Across the street Is james ross road and massy chapel road here There is a 100 foot stream buffer from top of bank on each side that basically runs from this point down to the south The committed element that the applicant has Made this evening is to add an additional 25 feet of buffer area To the southern buffer that had originally been proposed to 50 feet So if you're looking at this graphic, the green is the additional 25 feet and I apologize. It may not be quite To scale. I tried to throw this together very quickly this evening with the Mustard color orange color to the south being the original 50 foot buffer that had been shown on the on the development plan of record Obviously within that 75 foot area. The only thing that potentially could happen would be the Installation of landscape materials that are required by ordinance. There would be no other activities that would be permissible In that area Mr. Medlin, do you have the subsequent? I mean you had two Illustrations. Thank you. If you could just go down there I did this one This is not part of the development plan. I want to be very clear. This is actually part of the site plan package that has been submitted But I did want to quickly reference what the potential impact would be to the current design What you see here is the configuration of the display portion of the dealership with the additional 25 feet of Buffer it will have a slight impact on the display area that you see in this general area here Which means the site plan will need to be ultimately redesigned to To move those parking spaces out and possibly reconfigure the drive aisles if necessary My second question is really for the applicant which um This rezoning really looks at it will phase one is just a portion Of the entire Kennington heights area. Could you comment on your intent on phase two? particularly concerned about the homeowners that are in the Back half of Kennington heights. We we have every intention of closing on phase one and phase two Following the meeting tonight if we're successful And So that it would take into consideration both of those phases Phase two is In the back a phase two It will be a continuation Of our plans for phase one Can you just clarify what exactly that means in terms of the? Homeowners in phase two and the Intended sale or purchase of their property if you could just we'll be we'll be purchasing those properties following this meeting Dan I I had asked I had asked The developers to provide A list of all of the contracts or Options that they had I didn't see that but you say on the public record you have options for all the remaining property I put a record can I And I'm sorry, mr. Mayor we made copies of all of those contracts if they didn't get to you that's my fault It didn't get to me and you had a you had a couple of sites on there that said property was owned by south point mall Now, how do you deal with that? Stacey woodhouse with wrs We've approached south point mall about purchasing the five parcels which they own inside Kennington heights and giving them the opportunity opportunity to sell We are currently in discussions with them. We haven't currently worked out a A purchase price and and deal with south point mall But we are moving forward and we are just to clarify. We are purchasing all the residents houses together After we had a successful vote tonight And we will move forward regardless whether south point mall sells us their parcels or not So at some point in time I assume that means that you come back to the city to annex that section of those properties now Yes, sir Recognize councilwoman patati. Yeah, just a clarification. You mentioned purchasing all the residents homes But if there's no uh house on the property, you're planning on purchasing all properties whether they have a house on them or not Thank you. Yes I was actually ready to to make a motion Which you need to close This is this whole thing is a matter of environmental justice for me and and I spoke with attorney cheek earlier And um as a woman of faith i'm stepping out on faith that you all are going to do the right thing for all of them And and i'm holding uh attorney cheek accountable As i understand if you make That's fine with me madame pro mayor pro tem. I don't have a problem with that Is that a part of the public record? This is on the record I recognize councilman brown Uh, thank you, mr. Mayor. I do have One clarification that I would like to make and I think i'm correct on this and i've been here for 10 years I think uh, you were very eloquent Tonight when you addressed us But you did state that your neighborhood has been waiting I think 11 years for this And I hope you didn't mean the implication That it was a city council That had had delayed Andy because I recall hearing from some of you in the past about Certain people who would not negotiate with other developers and they were holding up The development from going forth and I just want to go on the record for that Is that am I correct on that? We didn't hear you Calculations of 11 years was based on the 2002 decision when we were granted approval for the land to be Develop for commercial For commercial development. That's my 11 years. Okay. Thank you. Thank you, mr. Recognize Councilman shul. Is that correct?  If I was miss ellison, I was looking across from her property What would I see? Well, what you would see and I'm assuming you mean after we finish this after you finish the development If you should happen to get the support of the council, mr. Chief What what you would see would be trees along the roadway A stone wall 18 inches high And there would be some parking for automobiles along there with the with the with the with the stone wall be Would it be visible or would it be would it be covered by plantings or you know, what is the what's the landscaping going to look like? My belief is it would be visible However, we can we can fix that however it might Suit the council and the visibility of the cars would be you know, would that be what you would mostly see? I don't know that it'd be what you'd mostly see. I think you'd see the the trees in the In the landscaping and the stone wall more so than the cars But but obviously I mean we're talking about automobile dealerships and and they want to have some visibility from the roadway And I'm not going to try to kid anybody about that Okay And the I guess my only My only other question involves the The buffer along the southern property line Could you talk about how this compares to what was in the request from the the Dost committee? There by space and trails the Dost committee asked for a some greater buffer than that We have really invested greatly economically in this property And we need the use of it And we believe that the stream buffer creates a very substantial buffer And that the additional buffer creates a buffer for the church Okay. All right. Thank you, mr. Mayor All right. Oh, there are other questions comments by members of the council If not, I'm going to declare the public Be closed matters back before the council It's been properly moved and second In the further discussion here none. Madam clerk, will you open the vote? I'll close the vote It passes six to zero. Thank you that Go you want to discuss item nine? I know Item I'm sorry. I went holding an appointment staff asking questions Okay Move the extension is It's been properly moved and second madam clerk, will you open the vote? Close the vote It passes six to zero. Okay. That concludes item 23 consolidated annexation item hindering south point Mr. Mayor Just just a minute. There was an item also associated with park with just what the city manager's asking about That wouldn't vote it on either Entertain a motion on item item d to park with peace Mayor move that item, please It's been properly moved and second Madam clerk, we open the vote Close the vote. It passes six to zero Six to zero Let me tell you about item nine, mr. Mayor Tell Kevin not to leave We need to clear the room we need to clear the room I do That's why I want them to clear this room Hey, Kevin Come on Kevin I can hear you Kevin. I can hear you. Yes, sir. Yeah I the item was pulled and I'm not sure what the questions were and I can't hear Kevin dick with the office of economic and workforce development item nine This was uh the proposed contract extension With general management solutions incorporated in the amount of four hundred and ninety five thousand dollars From october 1 2013 through march 31st 2014 Okay, kevin. I I noted that This company was able to find Jobs for x number of people what I'd like to know is whether or not those jobs paid a living wage secondly Do you anticipate at some point in the future that there would be another extension Of this firm if so, I would like to see somebody in at least north carolina Given an opportunity to do this work. They have held this contract For a long time. So is this the end of their contract the end of this particular service? And how can we get somebody in north carolina? I know we have some minority firms who Somebody in north carolina who can do this work. Thank you. Did you submit the report? To us because I couldn't find it. Yes, sir. The report should be on your ipad. It was submitted at the end of last week Could you just brief one minute summary of what you found in terms of the question? That we had asked Sure the cost per job And the fact the longevity of those employed I'd be happy to Can you speak up? I'd be happy to to answer Madam mayor pro tem's first question the Wage range that For which people have found jobs generally has Ranged from $26,000 per year to approximately $70,000 per year. So to answer that question That average wage range would yield that the jobs have generally been Above livable wage. The second question you asked was about whether this is This would be the last extension of their contract This will be the last extension of their under of their contract under the request proposals For which they were chosen they were chosen in 2010 in a competitive rfp process No Durham businesses Competed against them except the office of the office of economic and workforce development Was the only Durham entity that competed against them An rfp committee consisting of volunteers from the Durham workforce development board Chose the general management solutions ink over the other entities that bid There were no other in fact, there were no other north carolina firms that bid so so Um, there would not have been an opportunity for a Durham business Um, to get this contract I do want to mention that one of the reasons that they were Reck advised by the rfp committee Um, and well, excuse me recommended by the rfp committee Which ultimately advised staff to recommend them to the city council and the city council Did approve the recommendation unanimously and one of the reasons that the advice and the recommendation were made Is because this firm has consistently Help the region meet or exceed its performance measures and it's done so in a way That is consistent with wia rules and regulations That means we pass our monitorings and we pass our audits The staff we have staff that provide technical assistance To contractors and can provide technical assistance to community organizations And the main way we do that is by helping direct them to the workforce investment act rules and regulations that is on the the department of labor Employment and training website So if other Durham businesses and or north carolina businesses understand workforce investment act rules and regulations and demonstrate an experience in helping In helping to find people jobs At livable wages and help them retain jobs Which are the the common measures of the federal guidelines Then they would have an opportunity to Beat out the firm like gmsi the the fact is that in the competitive rfps that have taken place Um Including the one in 2010 for which the current contract is under Gmsi was found to be the best firm that did that There is current. There's an rfp that is currently out Other firms have the opportunity to bid. We actually had had a bidder's conference in our office last week And other firms had the opportunity opportunity to compete How do you advertise? It's advertised. It was advertised in the durham herald sun In the news and observer I believe in three other Periodicals including the triangle tribune carolina times and a latino publication is also advertised in the city website I'd like a copy of All those entities to make sure that they are getting to all the Publications that you've indicated still I think that we need to do everything in our power To i'm proving the economy of our state Of of the city of durham and everything we can to Use our own contractors. So that's and you don't have to respond to that. That's just my belief. Thank you very much The other questions that were posed last week Related to the number of clients that have been served and the number that have been placed The number of clients that have been served during this three-year period Is approximately 1300 Of those 413 have exited the program. That means they have basically Gotten services for a period of time and none of those services have been terminated of that 413 331 were granted employment and a substantial percentage of those Approximately 75 to 80 percent retain those positions for at least six months and as I said earlier At wages that exceeded the durham livable wage standard Okay, I don't want to belabor this and i'm sorry. I just couldn't find your report and I should have asked the manager about it, but The cost per job Came out to what because we have spent three million dollars Since 2010. No, sir. We have not spent three million dollars since 2010 495,000 is being recommended this evening. I'm not talking about that. I'm talking about going back You know since 2010 sure and I thought this Including the additional half a million round numbers would be close to three million dollars That's correct, but we have not spent three million since 2010. That's what I was responding to We've spent 2.6 million and we're recommending 495,000 the cost per The cost per Would amount to Based on those employed it would be it would amount to eight to nine thousand dollars per participant Which includes costs related to the training they get On the job training That would be paid to employers And supportive services that may be paid on behalf of clients as well as emergency assistance costs for clients So the the a substantial percentage of the monies that go to this contractor are to administer services that go directly to clients They're not 3.1 million dollars is not retained by the contractor the monies are essentially passed through to client services I understand Here's my only point Kevin that perhaps in the future when you submit a report like this Not the secondary report, but the first one that you include statistics and information that are just very basic Questions that any of us I think would ask You know how many people Have been serviced how long have they been employed and what was the aggregate cost For those receiving the job That's all Thank you What about the item It's been properly moved in second for the questions here and on madam clerk, will you open the vote It passes six to zero any other items to come before the council this time If not the meetings adjourned at eight 57 p.m Thank you